N.M. Admin. Code § 18.20.3.12

Current through Register Vol. 35, No. 24, December 23, 2024

Section 18.20.3.12 - CLASSROOM COURSE REQUIREMENTS FOR PRIVATE DRIVER EDUCATION SCHOOLS

A licensee providing classroom instruction shall:

A. engage as driver education instructors only those persons who have been certified by the bureau; a licensee may not serve as an instructor unless the licensee has been certified by the bureau as an instructor pursuant to these rules.

B. enroll no more than forty (40) students or the maximum occupancy allowed by the fire code, whichever is less, in a driver education course;

C. not charge a student more than $800.00, including tax, for enrolling in a driver education course, except that a school may charge a student up to $100.00 for each credit hour of behind-the-wheel instruction that is not part of the seven (7) hour behind-the-wheel portion of a curriculum;

D. display the license issued by the bureau in an appropriate and visible location;

E. display the placard issued by the fire marshal stating the maximum occupancy of each classroom in an appropriate and visible location in the classroom;

F. use classroom facilities that:

(1) have adequate space, lighting, heating, and ventilation;

(2) have seats and tables or seats with attached tables for each student in the class;

(3) have a whiteboard, blackboard, or flipchart;

(4) have a monitor of sufficient size for all students to see, if videos are used; and

(5) comply with all federal, state, and local laws relating to persons with disabilities, public health, safety, and sanitation, including restroom facilities;

G. ensure that the learning environment is conducive to learning and free from discrimination, intimidation, and harassment; no person shall engage in, or be permitted to engage in, conduct that is offensive to the ordinary dignity, decency, and morality of others;

H. use only the curriculum, handouts, videos, and final examination questions approved by the bureau;

I. if a licensee becomes aware that a student is disabled, inquire as to the need for accommodations, and provide reasonable accommodations for the student, including but not limited to auxiliary aids or services such as assisted listening devices or a sign language interpreter, unless the accommodation presents an undue burden on the licensee; the bureau shall pay for sign language interpretation if the student is under the age of eighteen (18), provided that the licensee shall contact the bureau at least fourteen (14) days before the scheduled date of the driver education course to arrange for interpretation;

J. provide a minimum of thirty (30) credit hours of classroom instruction for each driver education course if the course also includes a minimum of seven (7) hours of behind-the-wheel training, or fifty-six (56) credit hours of classroom instruction for each driver education course if the course does not include the minimum hours of behind-the-wheel training; in addition to the foregoing, either course must include a minimum of six (6) hours of classroom instruction devoted to DWI prevention and education and other impairments and distractions and shall include information on organ donation and the Jonathan Spradling Revised Uniform Anatomical Gifts Act, Sections 24-6B-1 et seq. NMSA 1978;

(1) when an educational institution is in session, a licensee shall conduct the course over a minimum four week period, with no more than three (3) hours of classroom instruction on days when educational institution classes are held, and no more than four (4) hours of classroom instruction on days when educational institution classes are not held;

(2) during any educational institution vacation or break period of two (2) weeks or more, a licensee may conduct the course over a minimum two (2) week period, with no more than four (4) hours per day of classroom instruction;

K. have a proctored final exam with a minimum of fifty (50) questions; a student must correctly answer at least seventy percent (70%) of the questions to pass the final exam; the exam shall require students to list, define, describe, identify, demonstrate, explain, compare, predict, estimate, or solve driving-related terms, signs, and situations;

L. use completion certificates purchased from the bureau at a cost of $1.00 per certificate, issued sequentially by the licensee;

M. not permit a student to attend any driver education classes until the student has received written information stating all fees, including primary and incidental costs charged for the course, school policies for passing and failing, refund and reschedule policies and attendance requirements.

N.M. Admin. Code § 18.20.3.12

18.20.3.12 NMAC - Rp, 18 NMAC 20.3.11 and 20.3.16, 1-1-03; A, 2-13-09