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                                                      PRINTER'S NO. 1958

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1558 Session of 2007


        INTRODUCED BY PETRONE, GRUCELA, BELFANTI, CALTAGIRONE, COSTA,
           CREIGHTON, CURRY, DALEY, J. EVANS, FABRIZIO, FREEMAN, GEORGE,
           HORNAMAN, JAMES, KIRKLAND, KOTIK, KULA, McCALL,
           McILVAINE SMITH, MENSCH, MOUL, REICHLEY, SCAVELLO, SEIP,
           SIPTROTH, SOLOBAY, SONNEY, STERN, STURLA, WALKO AND KORTZ,
           JUNE 18, 2007

        REFERRED TO COMMITTEE ON EDUCATION, JUNE 18, 2007

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," further providing for teaching of
     6     safe driving of motor vehicles and for the standardized
     7     driver-education program.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 1519 of the act of March 10, 1949
    11  (P.L.30, No.14), known as the Public School Code of 1949,
    12  amended October 21, 1965 (P.L.601, No.312) and January 26, 1966
    13  (1965, P.L.1620, No.574), is amended to read:
    14     Section 1519.  Teaching of Safe Driving of Motor Vehicles.--
    15     (a)  [Any school district may provide for the teaching of
    16  safe driving of motor vehicles in the elementary and secondary
    17  schools of the district or in the secondary schools only, in
    18  accordance with the standardized program established by the


     1  Department of Public Instruction.] All school districts shall
     2  provide for the teaching of safe driving of motor vehicles in
     3  the secondary schools of the district in accordance with the
     4  standardized driver-education program established by the
     5  Department of Education. In the case of pupils under the age of
     6  sixteen (16) years, such instruction shall be limited to class
     7  room instruction by those who shall possess the qualifications
     8  prescribed by the State Board of Education. In the case of
     9  pupils of the age of sixteen (16) years and over, the
    10  instruction may include practical instruction in the operation
    11  of motor vehicles on the public highways, or other places,
    12  selected by the board of school directors or by the principal of
    13  the school where the instruction is given.
    14     (b)  The board of school directors may employ and fix the
    15  compensation of qualified persons to teach the practical
    16  operation of motor vehicles on the highways, or elsewhere, who
    17  shall possess the qualifications prescribed by the State Board
    18  of Education. Teacher aides may be used in the practice driving
    19  phase of the standardized program in the public schools of [the]
    20  this Commonwealth. The [Superintendent of Public Instruction]
    21  Secretary of Education shall, upon the request of the local
    22  chief school administrator for employment of a teacher aide,
    23  provide for an oral examination, a written theoretical
    24  examination and a practical examination. In addition, the
    25  applicant shall possess the following qualifications: (1)
    26  satisfactory completion of the examination provided by the
    27  [Superintendent of Public Instruction] Secretary of Education,
    28  (2) possess a high school diploma, (3) have a motor vehicle
    29  operator's record free of violation of ["The Vehicle Code"] 75
    30  Pa.C.S. (relating to vehicles) and other traffic laws and free
    20070H1558B1958                  - 2 -     

     1  of accidents, (4) completed a three-credit course in driver
     2  education, (5) shall complete an additional nine hours of credit
     3  in General and Traffic Safety Education within a three year
     4  period of employment, and (6) shall be eligible according to the
     5  provisions in section 1209 of [the "Public School Code of
     6  1949."] this act. The board of school directors may purchase,
     7  rent or hire motor vehicles for such instruction and shall
     8  procure or require automobile liability insurance in such
     9  amounts as the board of school directors shall prescribe
    10  covering vehicles owned or operated pursuant to this section.
    11  Such insurance shall be for the public liability of the owner of
    12  the vehicle, when the owner is some one other than the school
    13  district, the employe of the school district, the employe of the
    14  owner and the pupil operating the vehicle, against claims for
    15  damages, for injuries to person or property. No liability shall
    16  attach to any individual, school director, superintendent,
    17  teacher or other school authority by reason of teaching safe
    18  driving, except that which is protected by the automobile
    19  liability insurance policies which are procured by reason of the
    20  authority granted herein.
    21     (c)  The board of school directors may appropriate and expend
    22  money of the school district for the purpose of paying the
    23  compensation of the instructors and to purchase, rent or hire
    24  motor vehicles, automobile liability insurance and to maintain
    25  and repair the same and to purchase fuel, lubricants, parts and
    26  accessories therefor.
    27     Section 2.  Section 1519.1 of the act, amended January 24,
    28  1966 (1965, P.L.1506, No.528), is amended to read:
    29     Section 1519.1.  Standardized Driver-Education Program.--
    30     (a)  The Department of [Public Instruction] Education shall
    20070H1558B1958                  - 3 -     

     1  establish, for operation in the public school system of the
     2  Commonwealth, a standardized driver-education program in the
     3  safe operation of motor vehicles available to all public high
     4  school pupils and all high school pupils attending nonpublic
     5  high schools.
     6     (b)  The Department of [Public Instruction] Education shall
     7  assist school districts throughout [the] this Commonwealth in
     8  the functioning of [such] the program by[--] the:
     9     (1)  Preparation, publication and free distribution of
    10  driver-education instructional material to insure a more
    11  complete understanding of the duties of motor vehicle
    12  operators[;].
    13     (2)  Making such rules and regulations as may be necessary to
    14  carry out [such] the program.
    15     (c)  Annual expenditures of the Department of [Public
    16  Instruction] Education from the Motor License Fund for (1)
    17  salaries and expenses of employes of the Department of [Public
    18  Instruction] Education essential to the program; (2) purchase of
    19  visual training aids and psychophysical testing equipment; and
    20  (3) costs of preparation, publication and distribution of
    21  driver-education instructional material, for assistance to their
    22  driver-education programs, shall not exceed three (3) per centum
    23  of the annual total amount paid by the Commonwealth to all
    24  school districts, or joint school organizations, on account of
    25  standardized driver-education programs.
    26     (d)  On an annual basis, the Department of Education shall
    27  review the standardized driver-education program to determine
    28  its effectiveness in facilitating the safe operation of motor
    29  vehicles by high school pupils throughout this Commonwealth. As
    30  part of that process, the Department of Education shall consult
    20070H1558B1958                  - 4 -     

     1  with the Pennsylvania State Police to obtain its views on
     2  whether any changes are needed to make the program more
     3  effective.
     4     Section 3.  This act shall take effect in 60 days.


















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