7 Miss. Code. R. 3-29.1

Current through December 10, 2024
Rule 7-3-29.1 - Driver Education

The regulations governing the Driver Education Program are amended in accord with the attached document entitled Driver Education and Training Program Regulations.

DRIVER EDUCATION AND TRAINING PROGRAM REGULATIONS

1. Right to Establish Driver Education and Training Programs
a. Any school or school district maintaining a secondary school which includes any combination of grades nine (9) through twelve (12) desiring to establish and maintain automobile driver training under the provisions of this Act, shall submit an application to the State Board of Education for approval.
b. To justify procurement and maintenance of an automobile and an instructor, an attendance center should not have less than 10 students enrolled in the driver education program.
c. All schools or school districts must be accredited. Public schools must be accredited by the Commission on School Accreditation. Nonpublic schools must be accredited by the Commission on School Accreditation, the Mississippi Private School Association, or Southern Association of Colleges and Schools.
2. Pupils Eligible to Participate in the Driver Education Program
a. Each school or school district providing driver education and training shall prescribe regulations determining who can best profit by and who shall receive instruction under this program. It is provided, however, that any student receiving instruction under this Act shall be:
i. Fourteen years of age and above (preferably 14 years, six months). Age must be verified by proof of birth.
ii. A regularly enrolled student in the ninth, tenth, eleventh, or twelfth grades.
iii. A full-time student in the respective secondary school.
iv. Must secure a learner's permit from the Mississippi Highway Safety Patrol or have a valid driver's license.
b. A learner's permit issued to a 14 year old student is valid only while participating in an approved driver education course.
c. The instructor shall return all applications for learner's permits to the students and destroy all permits issued to 14 year olds when the course is terminated.
3. Instructional Time Requirements and Credit
a. A driver education course receiving approval for reimbursement must consist of a minimum of 30 clock hours of classroom instruction and six hours behind-the-wheel training or its equivalent which may be achieved in the following ways:
i. Actual six hours behind-the-wheel instruction, or
ii. Twelve hours instruction in a State approved simulator and three hours behind-the-wheel training, or
iii. Any combination of multi-car driving range instruction and simulation instruction at the proper ratio and a minimum of two hours on-street driving.
b. Instruction in a State approved simulator when not counted as classroom time may be substituted for behind-the-wheel training at a 4 - 1 ratio not to exceed three hours substitution.
c. Twelve hours' time in an approved simulator may count as classroom time when it is not substituted for part of the six hours actual behind-the-wheel training.
d. Multi-car driving range training may be counted at a ratio of 2 - 1 when substituted for on-street driving.
e. A minimum of two hours on-street driving is required regardless of combination of simulation, range and on-street training.
f. Training time received on a multi-car driving range that is substituted for on- street driving time must receive prior approval from the State Department of Education.
g. One-half unit credit can be given provided the course meets the minimum hours required and covers a full semester.
4. Summer School Courses
a. Driver and traffic safety education may be offered in a regular summer school program for reimbursement provided:
i. All provisions applying to the regular school term are met, i.e., time requirements, pupil eligibility, teacher qualifications, etc.
ii. An application is submitted and approval is secured from the supervisor of driver and safety education, State Department of Education.
iii. Classes are scheduled to provide students with no more than two hours of classroom instruction and one hour of behind-the-wheel instruction during any 24 hour period. Where simulation and/or off-street multiple car driving ranges are utilized, not more than one additional hour per student per day should be allowed.
b. Schedules may be required to show how these requirements will be achieved.
c. All reports and records required during regular session are also required for a summer school session.
5. Reimbursement
a. Reimbursement will be made to school or school district upon request for courses which meet the requirements stated in III and IV.
b. The maximum allowance for cost of driver education and training as set forth in Chapter 25, Section 37-25-13 of the Mississippi Code of 1973, as amended 1982, is as follows:

"The State Superintendent of Pupil Education shall allow to each school or school district an amount per pupil to be determined by the State Board of Education, but in no case to exceed the actual cost per pupil completing the course in the driver education and training programs in that school or school district during the preceding fiscal year in accordance with the regulations set forth by the State Board of Education to the school or school districts for instructing pupils in driver education and training. All such funds made available for the purposes of this act shall be appropriated by the Legislature in the same manner as general funds. In the event that the funds herein authorized by the Legislature for the support of driver education shall exceed the funds which actually become available, each participating school or school district shall have its funds reduced on a pro rata basis.

c. Schools or school districts using the State-owned driver trainer simulators will receive seventy-five per cent (75%) per pupil reimbursement allocated to districts teaching the conventional driver education course.
d. Per pupil reimbursement from the State may vary from year to year. The amount of per pupil reimbursement is determined by the State Board of Education based on receipts that have accumulated in the Driver Penalty Assessment Fund.
6. Teacher Qualifications
a. Driver Education Teachers shall have a professional teacher's degree from an approved teacher training institution and meet minimum requirements as established by the appropriate accrediting association.
b. Evidence must be provided by each instructor of having satisfactorily completed the required courses (12 semester hours for New Teachers) in driver education at an approved teacher training institution.
c. Driver Education Teachers shall have a valid driver's license issued by the State of Mississippi.
d. Teachers who instruct in the simulation phase of the program must show evidence of proper training in use of the equipment. Ordinarily this training should be incorporated within a college credit course.
e. In addition to the above requirements, it is imperative that the school administration, when choosing a teacher for this program, be aware of the fact that much of the instruction is done on the public streets and highways under the eye of the most severe critic, as far as automobile operation is concerned, the motoring public. In view of the public relations involved, the prospective teacher should be one who accepts the responsibility of being a competent traffic citizen not only when teaching but also in his personal life as both a driver and a pedestrian.
7. Driver Trainer Simulators
a. Simulator practice driving must be a four to one ratio that is four hours of simulator experience equals one hour of practice driving instruction in an automobile with dual controls.
b. The following are the responsibilities of the State Department of Education concerning the State-owned mobile simulators.
i. Cooperate in the maximum utilization of available simulators by scheduling them in schools through local school superintendents.
ii. Conduct in-service training workshops for teachers in the use of simulators.
iii. See that the actual instruction of students in simulators is done by regularly employed driver education instructors in the school or school district where the instruction is being given.
c. The following should be considered when installing the State-owned mobile simulator at the school.
i. Sufficient space must be available. Each trailer is 60 feet long, 10 feet wide and 12% feet high. Sufficient space should be available for maneuvering since sharp turns are impossible to make. Be certain there is enough lateral, vertical, and longitudinal clearance plus a margin of safety for entrance to the site.
ii. The ground should be level and a hard surface is necessary due to the weight of the equipment.
iii. Power requirements for proper operation of the driver education simulator equipment may influence the selection of the site. A 230 volts, alternating current, three wires, (115 volts to neutral) single phase is required. This source should be capable of providing 100 amperes per line or approximately 25 KVA. It is important that the voltage be 230 volts and not 208.
iv. All of the arrangements concerning the power should be left in the hands of the school electrician or to a competent electrical contractor. A qualified person should perform the work since power of this nature is dangerous and expensive. Such a person will know the local and state laws which must be met for reasons of safety and insurability. It is important that the power into the unit should not be turned on without the State Department of Education Technician present.
v. Arrangements should be made to locate a fuse box near the power input connection of the trailer. From this external fuse (Circuit Breaker Box) 230 volts, 100 amperes, three number four wires can be run to the power disconnect plug on the front of the trailer. For permanent installation, the disconnect plug is removed and the wiring is made direct from the external fuse box to the internal circuit breaker panel.
vi. When the trailer arrives and is located at its predetermined site, the Education Department Technicians will position the trailer and level the unit. Also, a complete check of the installation and the assurance of proper operation of the equipment will be made before turning the equipment over to the school.
8. Reports Required by the State Department of Education
a. DE-1, Application for Approval and for State-Aid for teaching Driver Education, shall be completed as follows:
i. One copy to be sent to the State Department of Education at the beginning of the regular school session and at the beginning of the summer session.
ii. One copy should be kept on file at the respective school.
b. DE-2, Application for Use of State-Owned Driver Trainer Simulator, shall be processed as follows:
i. Should be completed and returned immediately to the State Department of Education.
ii. Must be on file with the State Department of Education before a unit may be assigned to a school district.
c. DE-3 and DE-3A, Requisition for Reimbursement for Teaching Driver Education and Summary of Students Completing Driver Education, shall be completed as follows:
i. One copy must be submitted to the State Department of Education at the conclusion of each semester, at the end of the summer session, or upon completion of the course.
ii. A copy of this report should be retained at the respective school and school district superintendent's office.
d. DE-4, Driver Education Yearly Cost Report, shall be completed as follows:
i. One copy must be submitted to the State Department of Education at the end of the regular school session.
ii. One copy should be kept on file at the respective school.
9. Compliance Standards for Driver Education Training
a. No reimbursement will be made under this section for the instruction of pupils in driver education and training unless the respective school or school district has complied with the rules and regulations governing the establishment, conduct, and scope of driver education and training.
b. The State Board of Education, on recommendation of the State Superintendent of Education, reserves the right to revoke, modify, or amend these rules and regulations at such time as a majority of the members thereof deems necessary.

7 Miss. Code. R. 3-29.1

Miss. Code Ann. § 37-1-3 (Adopted 10/1997)
Adopted 12/30/2015