Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part III - Motor Vehicles › Chapter 1 - Drivers License › Subchapter A - General Requirements › Section III-151 - Regulations for All Driver Education Providers

Current through Register Vol. 50, No. 6, June 20, 2024
A. General Regulations. The rules and
				  requirements listed in the remainder of this Section shall apply to both
				  private driving schools and driver education programs administered by secondary
				  and alternative schools.
1. The school owner
				  may designate a representative (licensed instructor or office staff of the
				  school) to oversee and assume responsibility for the operation of the school
				  and to sign school documents, except for the Third Party Tester Agreement. The
				  completed Assignment of Designated Representative form must be on file with
				  DPS.
2. Employees of DPS whose
				  duties relate in any way to the issuance of a drivers license shall not be
				  connected with any driving school.
3. Failure to receive notification of
				  information due to an improper e-mail address or filter setting is the owners
				  responsibility to correct.
4. The
				  school shall notify DPS by e-mail at ladrivingschools@dps.la.gov of any
				  change(s) in their contact information within 10 business days of such
				  change.
5. Any additional
				  instructors hired during the license period shall be properly licensed prior to
				  administering any instruction.
6.
				  The school shall permit DPS representatives to inspect the school and shall
				  make available to DPS, when requested to do so, all information and records
				  pertaining to the driver education program. Upon request, the school shall
				  provide photo copies of the school records required by DPS.
7. The school shall not, by advertisement or
				  otherwise, state or imply that a drivers license is guaranteed or assured upon
				  completion of a driver education training course or the road skills
				  test.
8. The school shall maintain
				  adequate standards of instruction, qualified instructors, and equipment
				  sufficient to adequately maintain the school and classes.
9. Instructors shall maintain a professional
				  demeanor at all times when dealing with students.
10. Instructors shall not accompany any
				  student into any examining office rented, leased or owned by DPS, for the
				  purpose of assisting students in taking a drivers license
				  examination.
11. Instructors shall
				  not loiter, advertise or personally solicit any individual on the premises
				  rented, leased or owned by DPS, and operated for the purpose of issuing drivers
				  licenses.
12. Instructors shall not
				  use the space provided on the premises of any office rented, leased or owned by
				  DPS, for parallel parking or any other behind-the-wheel instruction during
				  normal OMV business hours.
13. Each
				  school shall maintain a minimum of one properly licensed instructor who is
				  trained to administer road skills tests.
14. Home study is not permitted for any
				  portion of the classroom instruction.
15. A school that is operating at a location
				  without a current license may have its license and contract revoked or
				  suspended, or a fine may be assessed.
16. All grievances or complaints made against
				  the school and/or instructor shall be addressed within 10 business days and the
				  resolution shall be documented.
17.
				  The school shall notify OMV of any licensed instructor who leaves the
				  employment of the school within 10 business days. The instructor license shall
				  be returned to OMV for cancellation. OMV shall provide the school e-mail
				  notification that the license has been received within 3 business
				  days.
18. A licensed owner or
				  instructor who is arrested for any offense which would disqualify him shall
				  notify OMV in writing within three days of the arrest. Failure to notify OMV
				  may result in suspension or revocation of the school and/or instructor
				  license.
19.
				  Owners/principals/superintendents are responsible for ensuring that instructors
				  complete the required continuing education courses in an effort to stay abreast
				  of the latest trends and standards of driver education.
20. Driver education instructors shall
				  participate in and provide evidence of completion of at least two separate
				  courses from the following list to obtain credit for continuing education on an
				  annual basis. Credit shall be given only for courses that were completed during
				  the appropriate licensing period. The same course cannot be submitted in
				  consecutive years. The list includes:
a.
				  post-secondary course that pertains to driver education as provided by an
				  accredited college or university. A passing grade is required;
b. an approved defensive driving instructor
				  development course;
c. a course
				  provided by national, state, or regionally sponsored in-service workshops,
				  seminars, or conferences that pertain to subject matters relative to the
				  practice of driver education or teaching techniques; and
d. a course that pertains to subject matters
				  relative to driving safety.
21. Each instructor shall once every two
				  years provide proof of completion of:
a. a
				  standard first aid or CPR certification; and
b. a training course on the prevention of
				  sexual harassment.
22.
				  In the event of a voluntary school closure, the school must notify OMV within
				  10 business days of closing by submitting the notification of facility closure
				  form approved and provided by DPS/OMV. The original license shall be attached
				  to the notification form.
a. The school may
				  reapply within 180 days of closure (upon approval by DPS). A replacement
				  license shall be issued with a new issuance date upon payment of a $25
				  fee.
b. If a new location is
				  selected, the school shall not conduct any classes until the new location has
				  been inspected and approved.
c. If
				  the school has been closed for 180 consecutive calendar days, a new school
				  application with applicable fees must be submitted.
23. An instructor may be eligible to apply to
				  another licensed school if the school where the instructor is currently
				  employed has its license or contract revoked.
24. Any person who engages in prohibited
				  activity, such as, administering classroom instruction, behind-the-wheel
				  instruction, issuing certificates of completion or advertising as a licensed,
				  authorized or approved driving school, or holding oneself out as an authorized
				  or approved driving school or instructor without a license, authorization or
				  approval by DPS shall be subject to the issuance of a cease and desist
				  order.
25. Approved driver
				  education providers shall be listed on OMVs website upon license
				  issuance.
26. School owners shall
				  ensure students are enrolled in the correct course according to age and
				  eligibility.
27. An instructor
				  shall not request a student go to any location that is not in the scope of the
				  driver education instruction or program.
28. An instruction shall not take a student
				  to any location that is not in the scope of the driver education instruction or
				  program.
29.  Repealed.