P. O. BOX 2120
May 21, 1999


TO: Division Superintendents
FROM: Paul D. Stapleton
Superintendent of Public Instruction
SUBJECT: General Assembly Action Relating to Learner's Permits, Driver's Licenses and Driver Education Program Requirements
Action was taken by the 1999 General Assembly on several 
new juvenile licensing provisions and driver education 
program requirements.  Specifically, changes were made in 
the following code sections: 22.1-205, 46.2-334, 46.2-
335, and 46.2-340.  Following is a brief overview of some 
of these changes that will go into effect July 1, 1999. 

I.      22.1-205.  Driver education programs (HB 2696)

This bill requires the Board of Education to approve 
correspondence courses for the classroom component of 
driver education.  Students completing the correspondence 
courses, who are eligible for behind-the-wheel driver 
training, may receive in-car instruction (i) from a 
public school, upon payment of the required fee and if 
space is available, or (ii) from a commercial driver 
training school licensed by the Department of Motor 
Vehicles.  The bill specifies that it is not to be 
construed to require school divisions to provide behind-
the-wheel driver training to nonpublic school students.

Currently, there are two approved correspondence schools 
whose classroom driver education courses may be used to 
comply with Section 254.1 (A), Option (iii) of the Code 
of Virginia pertaining to home instruction.  They are (1) 
University of Nebraska-Lincoln (402) 472-4321,, and (2) Keystone 
National High School, (717) 784-5220,  Parents or tutors who have 
met the requirements for home instruction may enroll the 
student in a driver education correspondence course.

II.  46.2-334 and 46.2-335.  Good academic standing and 
regular school attendance parental waivers for driver's 
licenses and learner's permits (HB 2483)

A parent, guardian, legal custodian, or other person 
standing in loco parentis can provide written 
authorization for a minor to receive a license, on forms 
provided by the Department of Motor Vehicles, that 
indicate the Commonwealth's interest in good academic 
standing and regular school attendance.  Parents will 
provide this authorization on (1) the DMV learner's 
permit and driver's license application;  (2) the in-car 
driver education parent permission form, and (3) the 90-
day temporary licensing certificate.  

Consequently, school personnel will no longer be 
responsible for issuing enrollment and good academic 
standing form SIP-1116A, the home schooling form SIP-
1117, and the parent override form POF-1115A.

III.    46.2-334 and 46.2-335.  Parental signatures on 
temporary driver's licenses (HB 2575)

Evidence of successful completion of a driver's education 
course must be signed by the minor's parent or guardian 
before that evidence, together with the minor's learner's 
permit, can constitute a temporary license.  Schools can 
order the revised 90-day licensing certificates (DE-TLC) 
on the enclosed form.  As of July 1, 1999, the current 
90-day licensing form (DEC-A) will no longer be 
recognized as a valid licensing document.  At that time, 
unused DEC-As must be destroyed.

IV. 46.2-340. Information regarding driver education 
instructors(HB 2672)

As of July 1, 1999, at the beginning of each school year, 
and whenever staff changes need to be made, each public 
and private school with a state-approved driver education 
program must furnish classroom and in-car teachers' names 
and drivers' license numbers to DMV.  Whenever a driver 
education teacher's license is suspended or revoked-the 
teacher is convicted of reckless driving or driving while 
intoxicated-or the teacher's driving record accumulates 
more than six demerit points in a calendar year-House 
Bill 2672 requires DMV to immediately notify the affected 
public or private school.  Safe driving points may not be 
used to reduce the six demerit points.  No public or non 
public school driver education program will retain its 
approval by the Department of Education unless the 
teacher, who has accumulated the six demerit 
points, is removed from providing behind-the-wheel driver 
education instruction for a period of twenty-four months.  
Your cooperation in completing the enclosed form as soon as 
possible is appreciated.  DMV will check each teacher's 
driving record and, if necessary, provide feedback to you 
by the July 1 implementation date.  Please remember to 
include driver educators teaching at your alternative 

V.  22.1-254.1 Inclusion of certain students in average 
daily membership (HB 284)

This bill amends Standard 1 of the Standards of Quality 
to add health education, (which may include driver 
education) or physical education to the list of courses 
for which nonpublic or home school students may enroll, 
at the discretion of the local school board, and be 
counted in the average daily membership (ADM) in a school 
division on a pro rata basis as provided in the 
Appropriation Act. 

VI.     Upon further review of 46.2-334 and 46.2-335, DMV 
has determined that, to qualify for a driver's license, 
18-year-old students are required to successfully 
complete both the classroom and in-car phases of 
instruction.  Therefore, as of July 1, 1999, classroom 
certification forms (DEC-1s) will be distributed only to 
students who successfully complete the classroom phase at 
one school and plan to enroll in the in-car phase at a 
different school.

The enrolled version of these bills can be accessed at  If you have additional 
questions, please contact Vanessa C. Wigand at (804) 225-
3300, or . 

Enclosures:     A hard copy of this memo and its attach-
                ment will be sent to the superintendent's