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Legislation Document
SPONSOR:
Sen. Sturgeon & Rep. K. Williams
Sens. Pinkney, Sokola; Rep. Berry
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 246
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DRIVER EDUCATION CERTIFICATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 4125, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4125. Driver education certification.
(a) A driver education teacher may not certify that a student
enrolled in a State-approved driver education course during the regular school year
is qualified
to be issued
under § 2710 of Title 21 for either
a Driver Education Learner’s Permit or a Level 1 Learner’s Permit
by the Division of Motor Vehicles
unless the student has
done
completed
all of the following:
(1) Fulfilled the requirements of the
state-approved
driver education
program,
program during the regular school year,
including
demonstrating
all of the following:
a. Successfully completed both components of the driver education program, which are as follows:
1. Classroom.
2. Behind-the-wheel instruction and observation.
b. Demonstrated
knowledge related to traffic stops by a law-enforcement officer as required under § 2713(e) of Title 21.
(2)
Met the minimum credit requirements to qualify as a tenth grader as of
Was enrolled in tenth or a higher grade, on or before
September 30 of the school year
that
when
the student
was
enrolled in the driver education
course.
course under paragraph (a)(1) of this section.
(3)
a.
Earned passing grades in
at least
5 credits
at the time of certification, with at
or their equivalent (credits) on the student’s most recent, published report card (report card) as follows:
1. All 5 credits must be in a regular course of study, or its equivalent as approved by the local governing body of the student’s school.
2. At
least 2 of
those credits in separate areas of
the credits must be in
English, mathematics, science,
world language,
or social studies.
3. When the student’s report card includes grades for the marking period and the final grade, the student’s final grade determines if the student earned a passing grade.
b. The Department of Education shall establish, through regulations, how the number of credits required under paragraph (a)(3)a. of this section is calculated, including how equivalent credit is determined and calculated.
(b)
A
If a
student
who
is receiving special education services under an active student’s individualized education plan
(IEP) will be authorized until age 21
(IEP), all of the following apply:
(1) The student has until the student’s eligibility for special education and related services terminates because the student is 22 years old
to complete
his or her
the
driver education certification through
a State-approved
the state-approved
driver education course.
Pursuant to
(2) As provided under
Department of Education
regulation,
regulations,
the student may be authorized to subsequently enroll in another driver education course if the student fails the driver education course during the regular school year.
(c) A student who is receiving special education services and is precluded from meeting the academic requirements
of
under
subsection (a) of this section
due to
because of
modifications in the grading procedure or course of study for the
student shall is
student, is
eligible for certification if the student’s school principal determines that the student is making satisfactory progress in accordance with the requirements of that student’s IEP.
(e)
A
If a
student
who
has successfully completed the driver education course but
does not meet the certification requirements
of
under
this
section upon completion of a driver education course may meet
section, the student is eligible for certification under § 2710 of Title 21 if the student meets
the requirements
under this section
during the
subsequent
next
marking period. If the student fails to meet the requirements
under this section
at the end of the
subsequent
next
marking period, the student
will be
is
ineligible for certification.
Section 2. This Act takes effect on August 1, 2026.
SYNOPSIS
This Act updates how academic eligibility for driver education certification is calculated because many high schools have moved from the traditional 7-period school day to various forms of block scheduling. Under this Act, the Department of Education must establish, through regulations, how equivalent credit is calculated for courses taught on a block schedule or when the full length of a course is less than 1 year. This Act also adds world language to the academic courses from which a student may satisfy the credit requirement.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Author: Senator Sturgeon