Mont. Admin. R. 10.13.310 - TRAFFIC EDUCATION TEACHERS
(1) All teachers of
traffic education must be familiar with current graduated driver licensing laws and
best practices, be able to provide clear, correct, and appropriate information to
driver education students and their parents, and have approval from the
Superintendent of Public Instruction.
(2) Approval is contingent upon the applicant
having:
(a) a qualifying valid Montana educator
license;
(b) a minimum of eight
semester or 12 quarter hours of credit course work in traffic safety education which
must include a driver task analysis (classroom instruction) and behind-the-wheel
(developing vehicle operational skills) course;
(c) appropriate coursework for a Class 4B, 4C, or
7 Montana-approved educator license including teaching strategies and class
management, but which does not count as a traffic education course requirement or
elective toward the traffic education minor; and
(d) a valid driver's license with a verified
acceptable driving record from Montana and any other jurisdiction within which the
applicant has been licensed to drive during the 10-year period immediately preceding
the date of application. The driving record shall be free from:
(i) more than one moving traffic violation, as
defined in
61-11-203,
MCA, within any 12-month period of the previous 36 months;
(ii) any conviction for driving under the
influence of alcohol or drugs (DUI) under
61-8-401,
61-8-406,
61-8-410,
61-8-411,
or
61-8-465, MCA, within
the preceding 36 months, or any conviction for a violation of a substantially
similar offense from any other jurisdiction within the preceding 36
months;
(iii) any evidence of a refusal
to take a test under an implied consent law in this or any other jurisdiction, or a
test result under an implied consent law in any other jurisdiction that shows an
alcohol concentration of 0.08% or more while operating a noncommercial motor vehicle
or an alcohol concentration of 0.04% or more while operating a commercial motor
vehicle within the preceding 36 months;
(iv) a conviction resulting in mandatory
revocation or suspension of a driver's license for any of the following offenses in
the previous five years:
(A) negligent homicide
resulting from the operation of a motor vehicle;
(B) fleeing from or eluding a peace
officer;
(C) negligent vehicular assault
as defined in
45-5-205,
MCA; or
(D) any felony in the commission
of which a motor vehicle is used;
(v) judgment under
61-6-102(3),
MCA resulting in the imposition of civil liability for involvement in any fatal
traffic accident during the previous five years; or
(vi) a declaration of habitual traffic offender
status as defined in
61-1-203, MCA, during the
previous ten years.
(3) For the purposes of this rule, the definition
of "conviction" is as stated in
61-5-213, MCA.
(4) Approval to teach traffic education
shall be renewed with each renewal of the traffic education teacher's educator
license. For each succeeding renewal of the educator license after initial approval,
the teacher must accumulate at least four semester or six quarter hours of
qualifying course work in traffic safety education until an endorsable minor or its
equivalent (20 semester or 30 quarter qualifying credits) has been
completed.
(5) If a teacher's approval
to teach traffic education has expired and the teacher has not met the renewal
requirements of (4), the teacher may request an extension for approval to teach
traffic education, subject to the following:
(a) A
one-time, one-year emergency extension of approval may be granted for a teacher who
received initial approval but who has not been able to complete the required four
semester or six quarter traffic education credits for reapproval. The public school
district or eligible nonpublic school shall submit a letter to the Office of Public
Instruction stating it has advertised for a traffic education teacher and that no
qualified individuals were available to teach. In addition, the teacher for whom the
school is seeking an emergency interim approval shall submit to the Office of Public
Instruction a plan outlining how the teacher will satisfy the required coursework
within the one-year extended period.
(b)
A one-time, extenuating circumstance extension of approval may be granted for a
period up to two years. The district and teacher shall submit the same documentation
required in (5)(a). In addition to the above documentation, the teacher shall submit
a statement of a compelling reason why coursework deficiencies cannot be completed
within one year, and shall assure the Office of Public Instruction that the teacher
will complete the traffic education minor, or its equivalent, within the extension
period.
(c) If other traffic education
teachers are available to the school district, no emergency or extenuating
circumstance extensions shall be granted. Both such extensions are contingent upon
the other renewal requirements, including a valid driver's license, an approvable
driving record and successful renewal of the teacher's Montana educator
license.
(6) A teacher's
failure to maintain the requirements for traffic education teacher approval
constitutes grounds for the immediate revocation of the approval to teach traffic
education. Any revocation of approval may be appealed to the deputy Superintendent
of Public Instruction within 30 days of the date of the notice of revocation of
approval. The deputy superintendent shall review the revocation and either confirm
or reverse the revocation. The deputy superintendent's decision is final.
Notes
AUTH: 20-7-502, MCA IMP: 20-7-502, MCA
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