Okla. Admin. Code § 260:135-5-238

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

Section 260:135-5-238 - Requirements for all driver education schools and classrooms except public schools

(a)Location and classroom facility of commercial driver education schools. A commercial school shall:

(1) have at least one (1) permanent classroom. Each classroom shall be used exclusively for classroom driver education instruction during the time of such instruction. A classroom shall not be located in:

(A) a residence or residential facility or complex,

(B) a motor vehicle, or converted motor vehicle,

(C) a hotel or motel, or

(D) any other facility which has a bar, lounge, or other business which sells alcohol for public consumption on the premises;

(2) display its current and valid Commercial Driver Training License in the licensee's principal place of business when classes are in session. The school's and driver education instructor's license or a copy of the license shall also be made available for inspection to students, or prospective students and their parents;

(3) comply with all local municipal ordinances. Separate restroom facilities shall be provided for males and females, shall be fully plumbed with at least one toilet and one sink in each restroom, and shall be located in the same building as the classroom. The requirement for separate restroom facilities may be waived if a single restroom facility is provided that has a door which is capable of being locked from the inside;

(4) have adequate room for equipment such as chalkboard, projector, tables and chairs. Tables and chairs will be provided for the number of students enrolled in the class being taught at the time;

(5) when moving locations, the school shall be responsible for notifying Service Oklahoma in writing no later than two (2) weeks prior to the relocation. Service Oklahoma shall schedule with the school an appointment for inspection of the new location. Use of the new facility will not be allowed until the inspection is complete; and

(6) if the commercial driver education school is located in a public school, the commercial driver education school shall present to Service Oklahoma upon application and upon every renewal a current contract with the school district signed by the superintendent of the district. The contract shall stipulate that:

(A) the presence of the commercial driver education school on the public school property is in compliance with state law and specifically in compliance with 70 O.S. § 5-130, and

(B) any public school in the school district, including the public school where the commercial driver education school named in the contract is located, is available on an equal and non-discriminatory basis to any other commercial driver education school desiring to conduct business on public school property in the school district on the same terms and at the same time as the commercial driver education school named in the contract as required by Hennessey v. ISD No. 4, 552 P.2d 1141 (Okla. 1976), and

(C) should the school district refuse to allow another commercial driver education school to conduct business on public school property within the school district, whether at the same public school as the commercial driver education school named in the contract or any other school in the district, the contract shall be null and void upon the date of the refusal, and the school district and the commercial driver education school named in the contract shall both agree to notify Service Oklahoma of the voiding of the contract.

(7) Motorcycle Range Facility and Equipment for Motorcycle Classes

(A) The Motorcycle Range must adhere to standards related to participant safety and have equipment to ensure safe instruction.

(B) The motorcycle range facility should be maintained and be free from all obstacles/potential obstacles or problematic surface conditions and there must be a minimum 20 foot paved buffer from any obstacles.

(C) The range must be free from pedestrian, animal, or vehicle traffic. The pavement needs to be kept suitable for riding maneuvers such as sharp turns, braking and safe vehicle travel.

(D) The surface must provide good traction and there must not be any obstacles that present an unsafe environment.

(E) Ranges must be correctly laid out to meet curriculum and safety standards. The surface and markings need to be maintained for proper instruction and safety.

(F) Motorcycles must be properly maintained in safe operating condition for the safety of the students.

(b)Advertising.

(1) No Commercial Driver Education School shall use or conduct any business under any name other than its fully licensed name.

(2) A sign reading "This school is licensed by Service Oklahoma" or similar language may be displayed on the school premises.

(3) The school may place language such as "This school is licensed by Service Oklahoma" in any advertisements and publications of the school. However, a school may not use advertisement or publicity that states or implies that the school is specifically or uniquely recognized, recommended, or endorsed, or directly supervised by Service Oklahoma.

(4) No fraudulent or deceptive statements shall be used on any sign or in advertisement, whether written or oral. If a promotion or fee incentive is used for an applicant, the school shall attach a copy of the promotion or fee incentive to the contract.

(5) No school shall advertise, by any means, or otherwise state or imply that a driver license or permit is guaranteed or assured to any student or individual who will take or complete any instruction offered by the school.

(c)Agreements and schedule of fees.

(1) A sample copy of all contracts or agreements with students must be submitted to Service Oklahoma with the application for licensing.

(2) Prior to enrollment or payment of fee all prospective students shall be provided the following information, in writing:

(A) the type of instruction offered, whether classroom or behind the wheel;

(B) length of each lesson;

(C) rate per lesson;

(D) rate for use of school vehicle for road test, if extra charge is made;

(E) terms of payment and disclosure of any interest charged;

(F) a statement indicating the specific date and time when instruction is to start.

(3) The schedule of fees shall be posted in easy view of students and prospective students.

(4) If any school fails to comply with the provisions, the school shall refund, on a prorated basis, all monies collected from the student.

(d)Records to be maintained.

(1) Each school shall maintain a permanently bound book with pages consecutively numbered or a computer spreadsheet/database, setting forth the name of the school; the name of the student; the contract or agreement number; the type and date of instruction given, whether classroom or behind-the-wheel. If information is kept in a bound book, all entries shall be made in ink.

(2) All student instruction records, including a duplicate copy of each contract or agreement entered into between the school and the student (the original must be given to the student) must be kept on file in the office of each school or at the primary office of multiple site schools owned by one individual for a period of (1) calendar year after the student has concluded instruction at or with the school. Each school shall furnish the student, if requested, a duplicate of his/her instruction record when all of the contracted courses are completed or the student otherwise ceases taking instruction at or with the school.

(3) The student instruction record shall contain a copy of a receipt for any monies paid to the school by the student. The receipt, in a format prescribed by Service Oklahoma, shall contain:

(A) The name of the school.

(B) The name of the student.

(C) The date of payment.

(D) The amount of payment.

(4) The student instruction record file maintained by the school shall be available at all times for inspection or copying by an authorized representative of Service Oklahoma.

(e)Completion certificates. A completion certificate, in a preprinted format prescribed by Service Oklahoma, shall be provided and issued by the Commercial School to each student upon the successful completion of course work (both classroom and behind the wheel). The certificate shall contain the following:

(1) Name of the provider;

(2) Full legal name of student;

(3) Language substantially similar to "Completed a minimum of ten hours of classroom instruction and six hours of behind-the-wheel instruction."

(4) Date of completion;

(5) Signature of a person employed by the school authorized to access student records (a digital signature is acceptable).

(f) Motorcycle Safety Foundation completion cards are to be issued to each student upon successful completion of a course.

Okla. Admin. Code § 260:135-5-238

Transferred from 595:40-1-15 by HB 3419 (2022), eff. 5/19/2022

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