1. A. Except as otherwise provided in this subsection, course curriculum shall comply with the provisions of the "Curriculum and Administrative Guide for Driver Education in Virginia" (2001) published by the Virginia Department of Education (or any successor publication so published) and these regulations. A copy of the current guide may be obtained from the Virginia Department of Education at the following Internet link: http://www.doe.virginia.gov/VDOE/Instruction/PE/ca_guide.html

   Course curriculum requirements other than those set forth in the "Curriculum and Administrative Guide for Driver Education in Virginia" (2001) may be established by the department. Once established, such requirements shall be made available by the department to Class B licensed schools, Class B license applicants and the public. A course curriculum meeting the established requirements must be submitted to the department at the time of Class B license application or renewal application, and must be approved by the department prior to the beginning of course instruction as provided in and in accordance with § 46.2-1702 of the Code of Virginia.

2. B. The department shall provide and update the list of course curriculum requirements from time to time, as deemed appropriate and necessary by the department, in consultation with all affected schools that are licensed by the department at the time of the update and other interested parties as identified by the department.

   The department shall notify the affected schools when and if new relevant topics are added to the course curriculum. Schools shall have 45 calendar days after such notice is issued to update their course curriculum and to certify to the department in a format prescribed by the department that the school has added the new topics to the course curriculum.

3. C. The length of daily instruction shall comply with the provisions of the "Curriculum and Administrative Guide for Driver Education in Virginia" (2001) or as otherwise provided by these regulations.
4. D. The number of students in a driver training vehicle during in-vehicle instruction shall be no more than three and no less than two students. Students 18 years of age or older may receive one-on-one driver training with an instructor if such training is agreed to in the contract with the school. Students under 18 years of age who are not married or emancipated must have their parents or legal guardians sign a written release, an original to be maintained with the student's record, in order to receive one-on-one driver training with an instructor.
5. E. Except when one-on-one driver training is being provided as outlined in subsection D of this section, a student under 19 years of age riding alone with the instructor shall ride in the back seat of the driver training vehicle until other students are present in the vehicle.
6. F. Except when a student is driving the vehicle, the time during which a student is being transported in a driver training vehicle for the purposes of picking up a student or other students prior to the beginning of a period of instruction or dropping that student or other students off after the end of a period of instruction shall not count as observation time. Any student involved in one-on-one training with an instructor as permitted under subsection D of this section shall meet the observation requirements with at least one other student in the vehicle during in-vehicle training.
7. G. Students under 19 years of age shall only receive in-vehicle instruction with other students under 19 years of age.

Statutory Authority

§§ 46.2-203 and 46.2-1703 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011.