BEFORE THE SUPERINTENDENT OF PUBLIC INSTRUCTION
OF THE STATE OF MONTANA
In the matter of the adoption of NEW RULE I through NEW RULE X and the amendment of ARM 10.13.307, 10.13.310 through 10.13.313 pertaining to traffic education
NOTICE OF ADOPTION AND AMENDMENT
TO: All Concerned Persons
1. On November 25, 2011, the Superintendent of Public Instruction published MAR Notice No. 10-13-122 pertaining to the public hearing on the proposed adoption and amendment of the above-stated rules at page 2447 of the 2011 Montana Administrative Register, Issue Number 22.
2. The Superintendent has adopted the following rules as proposed.
NEW RULE I ARM 10.13.401
NEW RULE II ARM 10.13.402
NEW RULE III ARM 10.13.403
NEW RULE IV ARM 10.13.404
NEW RULE V ARM 10.13.405
NEW RULE VI ARM 10.13.406
NEW RULE VII ARM 10.13.407
NEW RULE VIII ARM 10.13.408
NEW RULE X ARM 10.13.410
3. The Superintendent has adopted the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:
NEW RULE IX (ARM 10.13.409) TRAFFIC EDUCATION CONTENT STANDARD 8 AND BENCHMARKS - DRIVING EXPERIENCE (1) To satisfy the requirements of traffic education content standard
7 8, a student must acquire behind-the-wheel driving experience under the direction of a Montana-approved driver education teacher. Students shall be encouraged to obtain additional experience under the direction of a parent or guardian with a valid driver license in accordance with Title 61, chapter 5, part 1, MCA. Under Montana Graduated Driver License regulations (61-5-132, MCA), students are required to obtain additional driving experience under the direction of a parent or guardian with a valid driver's license.
(2) remains as proposed.
4. The Superintendent of Public Instruction has amended ARM 10.13.310 through 10.13.313 as proposed.
5. The Superintendent has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:
10.13.307 PROGRAM REQUIREMENTS – DEFINITIONS (1) through (1)(h) remain as proposed.
twelve hours of simulation may be substituted for two hours of behind-the-wheel instruction or six hours of simulation may be substituted for one hour of behind-the-wheel instruction for those schools having traffic simulator equipment approved by the Office of Public Instruction; or
(ii) up to 12 of the required 60 hours required hereunder may be satisfied by in-vehicle observation of an approved teacher instructing another novice driver; or
(ii) for those schools having traffic simulator equipment approved by the Office of Public Instruction, twelve hours of simulation may be substituted for two hours of behind-the-wheel instruction or six hours of simulation may be substituted for one hour of behind-the-wheel instruction;
(1)(i) through (3)(g) remain as proposed.
6. The Superintendent of Public Instruction has thoroughly considered the comments and testimony received. A summary of the comments received and the Superintendent's responses are as follows:
COMMENT #1: Bob Schalk, Deer Lodge School District, traffic education teacher testified that he had concerns about the following:
(a) the use of the term "novice" specifically questioning whether a novice driver could pass driver's education;
(b) the use of the term "consistently communicate" or "consistently demonstrate;"
(c) the use of the phrase "shall be encouraged" in NEW RULE IX(1), since this is a statutory requirement under Title 61; and
(d) whether or not students were required to have 12 hours of "in-vehicle" observation time.
RESPONSE #1: The Superintendent thanks Mr. Schalk for his comments and responds as follows:
(a) The performance levels are not criteria for passing a driver's education course. Minimum performance objectives for successful completion of a driver's education program are set by the local school district as delineated in ARM 10.13.307.
(b) The terms "consistently communicate" or "consistently demonstrate" are benchmarks with the school district setting the minimum performance objectives. See ARM 10.13.307.
(c) The Superintendent accepts Mr. Schalk's comment and has amended New Rule IX as set forth above.
(d) No, students are not required to have 12 hours of "in-vehicle" observation time. They are required to have six hours of driving time and no more than 12 of the total 60 hour requirement as "in-vehicle" observation time as delineated in ARM 10.13.307(1)(h). For clarification, the rule has been amended as set forth above.
/s/ Ann Gilkey /s/ Denise Juneau
Ann Gilkey Denise Juneau
Rule Reviewer Superintendent of Public Instruction
Certified to the Secretary of State January 3, 2012.