MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education

By: Representative Reynolds

AN ACT TO AMEND SECTION 37-25-3, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ACCREDITED AND NONACCREDITED NONPUBLIC SCHOOLS TO OFFER DRIVER EDUCATION AND TRAINING PROGRAMS; TO AMEND SECTION 37-25-5, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE STATE BOARD OF EDUCATION HAS REGULATORY AUTHORITY OVER SUCH PROGRAMS ONLY IN THE PUBLIC SCHOOLS; TO AMEND SECTION 37-25-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ELIGIBILITY REQUIREMENTS FOR PROGRAM PARTICIPATION ARE APPLICABLE TO NONPUBLIC SCHOOL STUDENTS; TO AMEND SECTIONS 37-25-11 AND 37-25-23, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-25-3, Mississippi Code of 1972, is amended as follows:

37-25-3.  * * * Any school district or any accredited or nonaccredited nonpublic school, including private, church and parochial schools, maintaining a secondary school which includes any of the Grades 9 through 12 inclusive, * * * in its discretion, may establish and maintain driver education and training programs for pupils enrolled in the * * * secondary schools in that school district or nonpublic school.

SECTION 2. Section 37-25-5, Mississippi Code of 1972, is amended as follows:

37-25-5. The State Superintendent of * * * Education shall prepare and recommend to the State Board of Education, and the board shall adopt, rules and regulations governing the establishment, conduct and scope of driver education and training programs in public secondary schools of this state, subject to the requirements and exceptions set forth in this chapter. The program shall be established and maintained only in accordance with such rules and regulations. The state driver education and training program in public secondary schools of this state also shall include a program of study for alcohol and safety education as it pertains to driver and highway safety.

The State Superintendent of * * * Education shall prepare an administrative budget from funds made available under this chapter which budget shall be approved by the State Board of Education. It shall be the responsibility of the State Superintendent of * * * Education to administer this program in the public schools in accordance with rules and regulations established by the State Board of Education and to appoint the necessary supervisors of safety education and the necessary clerical personnel.

SECTION 3. Section 37-25-7, Mississippi Code of 1972, is amended as follows:

37-25-7. Each school district and nonpublic school providing driver education and training * * * shall prescribe regulations determining who can best profit by and who shall receive instruction under this program.  * * * Any student receiving instruction under this chapter shall be:

(a) Fourteen (14) years of age or older;

(b) A regularly enrolled student in the ninth, tenth, eleventh or twelfth grade; and

(c) A full-time student in the respective public or nonpublic secondary school.

Any driver education student under fifteen (15) years of age shall secure a learner's permit issued by the Department of Public Safety which shall be valid only while the student is under the direct supervision of a driver education instructor and is actually enrolled in an approved course of driver education and training. An approved course of driver education and training shall consist of thirty (30) hours of classroom and six (6) hours of dual driving instruction. The learner's permit shall expire at the end of the driver education and training course. The Department of Public Safety shall charge a fee of One Dollar ($1.00) for the issuance of a learner's permit.

SECTION 4. Section 37-25-11, Mississippi Code of 1972, is amended as follows:

37-25-11. A determination of the cost of a driver education and training program in a public secondary school shall include, but is not limited to, the cost of the replacement of the automobile or machinery used in the instruction of pupils, the cost of the instructor's salary, the upkeep and maintenance of the automobile, and the cost of such other equipment and classroom data as may be required in a driver education and training program operated in compliance with the rules and regulations of the State Board of Education.

SECTION 5. Section 37-25-23, Mississippi Code of 1972, is amended as follows:

37-25-23.  * * * The State Board of Education is * * * authorized and empowered to promulgate reasonable rules and regulations deemed necessary to carry out * * * Sections 37-25-1 through 37-25-27 in the public schools. The State Board of Education is authorized to purchase with cash or by lease-purchase agreement all the necessary equipment, visual and training aids and devices, and related materials required to administer this act, upon competitive public bids as required by law for public purchases.

The repeal of Chapter 387, Laws of 1968, authorizing the purchase of liability insurance upon driver training aids and devices and motor vehicles transporting the same, shall not affect any litigation or prosecutions pending on June 30, 1970, or prevent the filing of any litigation or commencement of any action accruing prior to said date.

SECTION 6. This act shall take effect and be in force from and after July 1, 1997.