HF 2107

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/21/2023 09:01am

A bill for an act
relating to transportation; authorizing teleconference driver education; amending
Minnesota Statutes 2022, section 171.05, subdivision 2; proposing coding for new
law in Minnesota Statutes, chapter 171; repealing Minnesota Rules, parts
7411.0530; 7411.0535.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 171.05, subdivision 2, is amended to read:

Subd. 2.

Person less than 18 years of age.

(a) The department may issue an instruction
permit to an applicant who is 15, 16, or 17 years of age and who:

(1) deleted text begin has completed a course of driver education in another state, deleted text end has a previously issued
valid license from another state deleted text begin , or deleted text end new text begin ;
new text end

new text begin (2) new text end is enrolled in either:

(i) a public, private, or commercial driver education program new text begin , including a teleconferenced
program, new text end that is approved by the commissioner of public safety and that includes classroom
and behind-the-wheel training; or

(ii) an approved behind-the-wheel driver education program when the student is receiving
full-time instruction in a home school within the meaning of sections 120A.22 and 120A.24,
the student is working toward a homeschool diploma, the student is taking home-classroom
driver training with classroom materials approved by the commissioner of public safety,
and the student's parent has certified the student's homeschool and home-classroom driver
training status on the form approved by the commissioner;

deleted text begin (2) deleted text end new text begin (3) new text end has completed the classroom phase of instruction in the driver education program
or has completed 15 hours of classroom instruction in a program that presents classroom
and behind-the-wheel instruction concurrently;

deleted text begin (3) deleted text end new text begin (4) new text end has passed a test of the applicant's eyesight;

deleted text begin (4) deleted text end new text begin (5) new text end has passed a department-administered test of the applicant's knowledge of traffic
laws;

deleted text begin (5) deleted text end new text begin (6) new text end has completed the required application, which must be approved by (i) either
parent when both reside in the same household as the minor applicant or, if otherwise, then
(ii) the parent or spouse of the parent having custody or, in the event there is no court order
for custody, then (iii) the parent or spouse of the parent with whom the minor is living or,
if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor, (v) the
foster parent or the director of the transitional living program in which the child resides or,
in the event a person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then (vi) the applicant's adult spouse, adult close
family member, or adult employer; provided, that the approval required by this clause
contains a verification of the age of the applicant and the identity of the parent, guardian,
adult spouse, adult close family member, or adult employer; and

deleted text begin (6) deleted text end new text begin (7) new text end has paid all fees required in section 171.06, subdivision 2.

(b) In addition, the applicant may submit a certification stating that a primary driving
supervisor has completed the supplemental parental curriculum under section 171.0701,
subdivision 1a, for the purposes of provisional license requirements under section 171.055,
subdivision 1, paragraph (a), clause (6). The certification must be completed by a driver
education instructor, as defined under section 171.0701, subdivision 1a.

(c) For the purposes of determining compliance with the certification of paragraph (a),
clause (1), item (ii), the commissioner may request verification of a student's homeschool
status from the superintendent of the school district in which the student resides and the
superintendent shall provide that verification.

(d) The instruction permit is valid for two years from the date of application and may
be renewed upon payment of a fee equal to the fee for issuance of an instruction permit
under section 171.06, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 2.

new text begin [171.395] TELECONFERENCE DRIVER EDUCATION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin A licensed driver education program that provides both
classroom and behind-the-wheel instruction may provide teleconference driver education
as provided in this section. For purposes of this section, the driver education program must
provide both classroom and behind-the-wheel instruction. If a program partners or contracts
with a second program to provide any portion of classroom or behind-the-wheel instruction,
the first program is not eligible to provide teleconference driver education instruction.
new text end

new text begin Subd. 2. new text end

new text begin Curriculum and instruction requirements. new text end

new text begin (a) A teleconference driver
education program must:
new text end

new text begin (1) meet the requirements as provided in section 171.0701, subdivision 1, and Minnesota
Rules, chapter 7411, or successor rules;
new text end

new text begin (2) use teleconferencing, or another similar method, that provides live synchronous
distance learning and ensures that student questions and comments can be addressed in real
time;
new text end

new text begin (3) ensure all locations are linked using both picture and sound;
new text end

new text begin (4) use classroom instruction curriculum that is identical to the curriculum used by the
driver education program in an in-person setting;
new text end

new text begin (5) provide teleconference instruction to any student that is enrolled in the approved
driver education program; and
new text end

new text begin (6) provide teleconference interactive supplemental parent curriculum consistent with
section 171.0701, subdivision 1a.
new text end

new text begin (b) A student may receive teleconference instruction only if the driver education instructor
confirms that picture and sound allow the student to interact with the instructor in real time.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 7411.0530; and 7411.0535, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

APPENDIX

Repealed Minnesota Rule: 23-03905

7411.0530 TELECONFERENCED CLASSROOM INSTRUCTION.

Teleconferenced classroom instruction for class A, B, C, or D motor vehicles or for a motorcycle endorsement may be used to link multiple classroom locations.

A.

The broadcasting location must have a licensed or approved instructor present during classroom instruction.

B.

Each location where students receive instruction must be in a classroom that complies with part 7411.0355.

C.

If the receiving location has one or more students under the age of 18 receiving program instruction, the location must have a proctor, who is at least 21 years old, within the classroom for control and assistance.

D.

Locations must be linked using both picture and sound so that instruction and the ability to interact with students is assured.

E.

Identical curriculum materials must be available at all locations.

7411.0535 ONLINE CLASSROOM INSTRUCTION; ADULT ONLY.

Classroom instruction via the Internet may be provided by a program to any student who is at least 18 years old.

A.

The course of study must provide a means for the student to measure performance outcomes.

B.

There must be a pool of rotating quiz questions.

C.

The course must have accountability features to ensure the age and identity of the student taking the course.

D.

Technical designs must have features that measure the amount of time a student spends on each section of the course.

E.

Customer support access must be made available through a toll-free telephone number.

F.

The course must have a secure server and be backed up by a second unit.

G.

The program must have preventives in place to protect against the access of private information.

H.

The course must have the ability to update course content uniformly throughout the state.

I.

The course must have a location in Minnesota where program and student records are accessible.