PRIOR PRINTER'S NO. 1278                      PRINTER'S NO. 2422

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1106 Session of 1985


        INTRODUCED BY GRUPPO, STAIRS, SEMMEL, FISCHER, BURNS, GALLAGHER
           AND FREEMAN, APRIL 30, 1985

        AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, NOVEMBER 12, 1985

                                     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," mandating that all school districts
     6     provide instruction for the safe driving of motor vehicles;
     7     FURTHER PROVIDING FOR PAYMENTS TO SCHOOL DISTRICTS FOR DRIVER  <--
     8     EDUCATION; and making editorial changes.

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

     1  pupils under the age of sixteen (16) years, such instruction
     2  shall be limited to class room instruction by those who shall
     3  possess the qualifications prescribed by the State Board of
     4  Education. In the case of pupils of the age of sixteen (16)
     5  years and over, the instruction may include practical
     6  instruction in the operation of motor vehicles on the public
     7  highways, or other places, selected by the board of school
     8  directors or by the principal of the school where the
     9  instruction is given.
    10     (b)  The board of school directors [may] shall employ and fix
    11  the compensation of qualified persons to teach the practical
    12  operation of motor vehicles on the highways, or elsewhere, who
    13  shall possess the qualifications prescribed by the State Board
    14  of Education. Teacher aides may be used in the practice driving
    15  phase of the standardized program in the public schools of the
    16  Commonwealth. The [Superintendent of Public Instruction]
    17  Secretary of Education shall, upon the request of the local
    18  chief school administrator for employment of a teacher aide,
    19  provide for an oral examination, a written theoretical
    20  examination and a practical examination. In addition, the
    21  applicant shall possess the following qualifications: (1)
    22  satisfactory completion of the examination provided by the
    23  [Superintendent of Public Instruction] Secretary of Education,
    24  (2) possess a high school diploma, (3) have a motor vehicle
    25  operator's record free of violation of "The Vehicle Code" and
    26  other traffic laws and free of accidents, (4) completed a three-
    27  credit course in driver education, (5) shall complete an
    28  additional nine hours of credit in General and Traffic Safety
    29  Education within a three year period of employment, and (6)
    30  shall be eligible according to the provisions in section 1209 of
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     1  the "Public School Code of 1949." The board of school directors
     2  [may] shall purchase, rent [or], hire or otherwise provide motor
     3  vehicles for such instruction only and shall procure or require
     4  automobile liability insurance in such amounts as the board of
     5  school directors shall prescribe covering vehicles owned or
     6  operated pursuant to this section. Such insurance shall be for
     7  the public liability of the owner of the vehicle, when the owner
     8  is some one other than the school district, the employe of the
     9  school district, the employe of the owner and the pupil
    10  operating the vehicle, against claims for damages, for injuries
    11  to person or property. No liability shall attach to any
    12  individual, school director, superintendent, teacher or other
    13  school authority by reason of teaching safe driving, except that
    14  which is protected by the automobile liability insurance
    15  policies which are procured by reason of the authority granted
    16  herein.
    17     (c)  The board of school directors [may] shall appropriate
    18  and expend money of the school district for the purpose of
    19  paying the compensation of the instructors and to purchase, rent
    20  [or], hire or otherwise provide motor vehicles, automobile
    21  liability insurance and to maintain and repair the same and to
    22  purchase fuel, lubricants, parts and accessories therefor.
    23     SECTION 2.  SECTION 2504.1 OF THE ACT, AMENDED JANUARY 24,     <--
    24  1966 (1965 P.L.1506, NO.528), IS AMENDED TO READ:
    25     SECTION 2504.1.  PAYMENTS ON ACCOUNT OF STANDARDIZED DRIVER-
    26  EDUCATION PROGRAMS.--EVERY SCHOOL DISTRICT OR JOINT SCHOOL
    27  ORGANIZATION COMPLYING WITH THE STANDARDIZED DRIVER-EDUCATION
    28  PROGRAM ESTABLISHED BY THE DEPARTMENT SHALL BE PAID, BY THE
    29  COMMONWEALTH FROM THE MOTOR LICENSE FUND, AN AMOUNT TO BE
    30  DETERMINED BY MULTIPLYING THE NUMBER OF PUPILS WHO HAVE
    19850H1106B2422                  - 3 -

     1  COMPLETED THE HIGH SCHOOL STANDARDIZED DRIVER-EDUCATION PROGRAM
     2  CONDUCTED BY ANY GIVEN SCHOOL DISTRICT OR JOINT SCHOOL
     3  ORGANIZATION BY A BASIC FIGURE OF [THIRTY-FIVE ($35) DOLLARS PER
     4  STUDENT] ONE HUNDRED DOLLARS ($100) PER STUDENT, OR THE ACTUAL
     5  COST OF INSTRUCTION, WHICHEVER IS LESS.
     6     Section 2 3.  This act shall take effect July 1, 1985 1986.    <--
















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