Okla. Admin. Code § 260:135-5-229

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-5-229 - Qualifications for instructors

(a)All driver education instructors. Instructors of commercial driver education schools and parochial or private high schools shall submit to Service Oklahoma, upon application, proof of the following:

(1) current employment by a school which offers a prescribed course of study;

(2) a valid and unexpired Oklahoma driver license that is not suspended, revoked, denied or cancelled at the time of original or renewal application;

(3) attainment of at least twenty-one (21) years of age;

(4) a high school diploma or general education diploma, or transcript evidencing completion of high school or general education diploma requirements, and

(5) a motorcycle instructor shall have a valid Motorcycle Safety Foundation instructor's certificate.

(b)Public school driver education instructors only. Qualifications for public driver education instructors are set out in the rules for Oklahoma High School Driver and Traffic Safety Education by the Oklahoma State Board of Education.

(c)Non-public school driver education instructors. Instructors of driver education for private, parochial, or non-public high schools, except commercial driver education schools, shall submit to Service Oklahoma proof of the following:

(1) a valid Oklahoma secondary, elementary-secondary, library media specialist, speech-language pathology or technology center school license/certificate,

(2) credentials in Driver and Traffic Safety Education or five (5) years consecutive experience in driver safety training, and

(3) a valid and unexpired Oklahoma driver license.

(d)Commercial school driver education instructors other than motorcycle training instructors. Commercial driver education school instructors, other than motorcycle training instructors, shall submit to Service Oklahoma proof of the following:

(1) a minimum of six (6) semester hours of Driver Education I and Driver Education II, and a minimum of three (3) semester hours of General Safety Education from an accredited college or university; or

(2) a course equivalent to that described in paragraph (1) offered by a nationally recognized commercial driver instructor course approved by Service Oklahoma, in conjunction with the Department of Public Safety; or

(3) certification by the State Department of Education as a driver education instructor, which certification shall be for at least five (5) years in conjunction with having taught driver education for at least five (5) years in public, private, or parochial school; or

(4) a minimum of five (5) years of experience as a certified law enforcement officer and possess a certification from an Instructor Development course.

(e)Commercial motorcycle training school instructor qualifications. Commercial motorcycle training school instructors shall submit to Service Oklahoma proof of the following:

(1) a high school diploma, or equivalent, and

(2) an instructor's certificate issued by the Motorcycle Safety Foundation.

(f)MSF Basic Rider Coach training. A participant in the MSF Basic Rider Coach training will be exempt from the Oklahoma certification requirement while acting as an instructor under the supervision of a MSF certified Rider Coach Trainer during the Basic Rider Coach training. MSF certification must be signed by the MSF and Oklahoma Certified Rider Coach Trainer.

(g)Criminal history record check.

(1) Once the Department has received the state criminal history background investigation, showing no adverse action, pending or otherwise, the Department will issue a ninety (90) day temporary driver education instructor license to the applicant and the applicant shall be directed to have a national criminal history background investigation conducted by the Federal Bureau of Investigation.

(2) The commercial school shall submit the necessary national criminal history background investigation request within ten (10) business days of the issuance of the temporary driver education instructor license and submit proof of the request to the Driver License Examining Division within five (5) business days thereafter. If the national criminal history background investigation is not completed within ninety (90) days of the request for the national criminal history background investigation, the temporary driver education instructor license may be revoked.

(3) If either the state or national criminal history background investigation is returned with:

(A) no adverse action, the Department will issue the temporary or permanent driver education instructor license; or

(B) adverse action is found on the applicant's criminal history background investigation, the Department will revoke the temporary driver education instructor permit and will not issue another temporary or permanent driver license instructor license to the applicant as long as the adverse action remains on the applicants criminal history; or

(C) if the applicant has pending court proceedings that could result in a felony conviction, the temporary or permanent driver education instructor license shall not be issued until the pending action has been dispensed.

(h)Criminal history record check results. An applicant will not be issued an instructor license if any of the following disqualifying events, from any jurisdiction, are revealed by the criminal history record check:

(1) any felony conviction;

(2) any pending court action that could result in a felony conviction;

(3) any conviction that would result in the applicant having to register according to the Sex Offenders Registration Act;

(4) any finding of guilt or plea of guilt or plea of no contest or nolo contendere to a misdemeanor possession or use of alcohol or drugs within the past twelve (12) months.

(i)Applicant's driver history. An applicant will not be issued an instructor license unless, upon review of the applicant's driver history:

(1) Driving privileges must be reinstated for at least twelve (12) months, if driving privileges were suspended, canceled, revoked, denied, or disqualified for a driving-related conviction or for an action related to driving under the influence or driving while impaired.

(2) If driving privileges are suspended, canceled, revoked, denied, or disqualified only for a non-driving-related conviction or reason, the applicant shall be eligible immediately upon reinstatement of driving privileges;

(3) The applicant cannot have more than five (5) points accumulated on the driving record;

(4) The applicant cannot have any administrative action pending pursuant to 47 O.S. §§ 753, 754, or 754.1.

Okla. Admin. Code § 260:135-5-229

Transferred from 595:40-1-4 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023