Virginia Law

A. In accordance with provisions of the National Highway Safety Act of 1966 (23 USC § 401 et seq.) and § 46.2-334 of the Code of Virginia, local school boards shall determine whether to offer a driver education program, and, if offered, whether it will be elective or required. School divisions offering programs that comply with the standardized program of study and regulations established by the Board of Education and the provisions of § 22.1-205 of the Code of Virginia are entitled to participate in the distribution of state funds for driver education.

B. A state-approved driver education program consists of a minimum of 36 periods of classroom instruction and 14 periods of in-car instruction. The standardized driver education program established by the Board of Education requires that:

1. Classroom and in-car instruction shall follow the standardized program of study.

2. Local programs shall have the option that classroom driver education may be taught in lieu of 36 class periods of health education or as an elective course.

3. Superintendents and heads of private schools must seek program approval from the Department of Education prior to providing instruction and certify that the proposed program meets all state-approved program requirements.

4. The length of a class period must be a minimum of 50 minutes.

5. Students must drive a minimum of 50 miles during the in-car phase of instruction.

6. In-car instruction must be limited to no more than two periods of instruction in any 24-hour period, of which at least one must be actual driving.

7. No more than four periods of actual driving and four periods of observation on a multiple-car-range can count towards the 14-period in-car requirement.

8. Combination, on-street, simulation, and multiple-car-range programs must provide at least six periods of on-street driving and observation, four periods of multiple-car-range driving and observation, and eight periods of simulation.

9. Only fees approved by the Board of Education shall be collected for the laboratory phase of driver education pursuant to the Appropriation Act.

10. Public or private schools must submit classroom and in-car driver education teachers' driver license information for driver record monitoring as required by § 46.2-340 of the Code of Virginia.

11. Local school boards must develop written policies concerning initial or continued employment of classroom and in-car teachers who receive excessive demerit points on their driving record.

12. Public and private schools must provide the Department of Education with the previous year's program data to calculate in-car basic aid reimbursement and to monitor program compliance.

13. Classroom and laboratory phases of the program must be offered concurrently at the same school, or allow only a limited amount of time to elapse between classroom completion and laboratory instruction.

14. Students who have not successfully completed the classroom phase at one school cannot begin in-car instruction at another school.

15. Successful completion of a standardized end-of-course road skills assessment must be achieved prior to the school issuing a 90-day provisional license.