247 Neb. Admin. Code, ch. 11, § 004

Current through September 17, 2024

Section 247-11-004 - SCHOOL INSTRUCTOR REQUIREMENTS

The Department shall not issue an approved driver safety course certificate to any school unless every instructor meets the following criteria:

004.01Twenty-one (21) Years Old.

The instructor must be at least twenty-one (21) years of age and of good moral character;

004.02Valid License.

Instructors must have held a valid license from their state of residence for a period of at least two (2) consecutive years immediately preceding the date of application. Licensing lapses due to failure to renew before a license's expiration date shall not be cause for denial;

004.03High School Diploma.

The instructor must have a high school diploma or its equivalent; and

004.04Endorsement.

The instructor must possess competence as outlined in a drivers education endorsement or the equivalent thereof.

004.04ADriver's Education Endorsement. An instructor may successfully complete the course work set out in Title 92 NAC 24, from a Nebraska Department of Education approved or accredited college or university.

004.04BEquivalent. An instructor may fulfill the equivalency requirement by successfully completing a driver's education equivalency course from a North Central Association Of Colleges and Schools approved or accredited Nebraska university or college. The requirements for Department of Motor Vehicles' approval of the equivalency course are set forth at 005, below.

004.04CGrace Period. A two-year (2-year) period to comply with the driver education endorsement or equivalent requirements will be granted to:

004.04C1 Nebraska commercial driver training instructors certified by the Department;

004.04C2 Instructors teaching Nebraska driver education training courses certified by the Department; and

004.04C3 Individuals with valid teaching certificates.

004.04DQualifications for Grace Period. Instructors listed above must have been employed by the certified commercial driver training schools or the certified driver education training course or have had the teaching certificate issued prior to September 1, 1998. The driver education endorsement or equivalent requirements must be met no later than January 1, 2001.

004.05Clean Driving Record.

For the prior five (5) years, the instructor must have no violation noted on his or her driving record for which five (5) or more points might be assessed as set out in Neb. Rev. Stat.' 60-4,182. This includes probation or other situations in which no points were actually assessed for the violation. Additionally, the instructor must have no suspensions or revocations on his or her driving record within the last five (5) years, including no convictions for DWI or any related alcohol or drug offense in connection with motor vehicle use.

004.06Retraining.

The Department shall notify schools of any retraining requirements for their instructors in writing, as well as the date by which retraining or additional requirements must be completed to maintain certification. To have a school certificate renewed or remain in effect, instructors must complete retraining or additional sessions as often as the Department may require.

004.07Agent.

For purposes of these rules and regulations, each instructor employed by or associated with any school shall be deemed an agent of the school and the school shall share responsibility for all acts performed by the instructor which are within the scope of his or her employment, and which occur during the course of his or her employment.

004.07ACompetency Certified Instructors. To be competency certified, the instructor must have successfully completed three (3) credit hours of Driver Performance Measurement from an approved or accredited college or university.

247 Neb. Admin. Code, ch. 11, § 004