Section 252.20  Administration and Procedures

a)         Availability of the Course – Any public school district maintaining grades 9 through 12 must provide the driver education course for any legal resident of the district between the ages of 15 and 21 years who requests the course, provided such resident is eligible as set forth in Sections 27-23 and 27-24.2 of the School Code.  All eligible students who reside in a school district must be provided an equal opportunity to enroll in driver education, and school districts are obligated to make the driver education course available within a reasonable length of time after each individual's declaration of intent is made.  A "reasonable length of time" shall be determined based on the student's individual needs and the school district's ability to meet those needs, provided that the course must be offered within 12 months after the declaration of intent.

1)         Public school districts that include high schools must provide the driver education course for all eligible students of the district who attend a nonpublic school that does not offer the course.

2)         Nonpublic schools may offer a driver education course at their own expense.  

3)         Public school districts that include high schools must provide the driver education course for all eligible Illinois students, regardless of the district of their residence, who attend a nonpublic school located within that school district's boundaries when application is made by the administrators of the nonpublic school.  Such an application shall constitute a declaration of intent by the affected student or students.  By April 1, the nonpublic school shall notify the district offering the course of the names and district numbers of the nonresident students desiring to take such a course the next school year.  The district offering the course shall notify the district of residence of those students affected by April 15.  [105 ILCS 5/27-24.4]

4)         An eligible student may elect to enroll in a driver education course at a commercial driver training school at his or her expense.

b)         When to Offer the Course – Any school district that includes one or more high schools offering a driver education course must offer both portions of the course during the school day and may offer either or both portions at other times.

1)         Enrollment in a driver education course must be closed at the inception of the course, except as provided in subsection (b)(2) of this Section.  Another course may be started when enrollment warrants.

2)         A student who transfers to a new school after the inception of the driver education course at that school may be allowed to enroll in the course under the following conditions.

A)        The driver education course in which the student was enrolled at the previous school offered 30 clock hours of classroom instruction and 6 clock hours of behind-the-wheel instruction.

B)        The length of time the student previously participated in the driver education course (prior to his or her transfer) is sufficient to allow the student to complete the course at the new school within the time during which it is offered.

C)        The new school has received verification, either by mail or in an electronic format, of the student's previous participation in the driver education course (i.e., length of time in the course, grade(s) received).  The verification shall be placed in the student's temporary school record as defined in 23 Ill. Adm. Code 375.10.

3)         A high school student may be allowed to commence the classroom instruction part of the driver education course prior to reaching age 15 if the student will be eligible to complete the entire course within 12 months after being allowed to commence classroom instruction.  (See Section 27-24.2 of the School Code.)

c)         Course Organization – Driver education courses must be organized according to the standards established in the Driver Education Act [105 ILCS 5/27-23 through 27-24.8] and this Part.

1)         The classroom and the behind-the-wheel instruction each must be scheduled regularly throughout a period of not less than six complete weeks (four weeks allowable in summer courses and for schools using block scheduling).

2)         Behind-the-wheel instruction shall not begin until the student has started classroom instruction; however, a student may be enrolled in both portions of the course on a concurrent basis.

3)         At least one but not more than three student observers must be in the car during behind-the-wheel instruction.  At least one hour of observation time is required for each hour of behind-the-wheel instruction.

d)         Dual-Control Cars – The instructor shall occupy the front passenger seat.  The driver education car is to be used for instructional purposes.  A school district may not use the driver education car for purposes other than those designated by agreement or contract.  

e)         Contracting – In fulfilling the requirements of the Driver Education Act, a public school district must either offer the course in its own school or must provide the course for its students, and any other legal residents of the school district who request the course, through a joint agreement with another public school district or through the provisions of cooperative school district programs.  Schools offering a driver education course shall not contract for the course from any individual or commercial driver training school.

(Source:  Amended at 32 Ill. Reg. 10922, effective July 7, 2008)