                                 CODE OF VIRGINIA

CERTIFICATION OF DRIVER EDUCATION COURSES BY COMMISSIONER (§ 46.2-1702)

Notwithstanding any other provision of law, the Commissioner shall have the
authority to approve as a driver education course satisfying the requirements of
§ 46.2-334 any course that is offered by any driver training school licensed
under the provisions of this chapter if he finds that the course is of
comparable content and quality to that offered in the Commonwealth&#8217;s
public schools. In making such finding, the Commissioner shall not require that
the instructors of any driver training school meet the certification
requirements of teachers in the Commonwealth&#8217;s public schools.
		Any comprehensive community college within the Virginia Community College
System shall have the authority to offer the courses required by the Virginia
Board of Education to become a certified driver education instructor in Virginia
on a not-for-credit basis so long as the courses include the same content and
curriculum required by the Department of Education, enabling individuals who
complete those courses to then teach driver&#8217;s education in Virginia driver
education training schools upon official certification by the Department of
Motor Vehicles. The Virginia Department of Education shall provide the
curriculum, content, and other information regarding the courses required to
become certified driver education instructors in Virginia to any comprehensive
community college within the Virginia Community College System. The content of
each course must be accurate and rigorous and must meet the requirements for the
Department of Education&#8217;s Curriculum and Administrative Guide for
Driver&#8217;s Education, which includes the Board of Education&#8217;s
standards of learning.
		Except for schools in the Commonwealth&#8217;s public school system and
providers of correspondence courses approved by the Board of Education pursuant
to subsection F of § 22.1-205, only those driver training schools that are
licensed as computer-based driver education providers shall be authorized to
administer computer-based driver education courses, including the parent/student
driver education component of the driver education curriculum as established in
§ 22.1-205. The content and quality of such computer-based driver education
courses shall be comparable to that of courses offered in the
Commonwealth&#8217;s public schools. The Commissioner may establish minimum
standards for testing students who have enrolled in computer-based driver
education courses. Such standards may include (i) requirements for the test
site; (ii) verification that the person taking the test is the person enrolled
in the course; (iii) verification of the identity of the student using photo
identification approved by the Commissioner; and (iv) maintenance of a log
containing the name and title of the licensed instructor monitoring the test,
the test date, the name of the student taking the test, and the student&#8217;s
time-in and time-out of the test site. Computer-based driver education providers
shall not issue a certificate of completion to a student prior to receiving
proof of completion of the additional minimum 90-minute parent/student driver
education component pursuant to § 22.1-205.
		Any driver training school licensed under the provisions of this chapter shall
be authorized to provide the 90-minute parent/student driver education component
of the driver education curriculum pursuant to § 22.1-205. Only public schools
and those driver training schools that are licensed as computer-based driver
education providers shall be authorized to administer the parent/student driver
education component of the driver education curriculum through a virtual,
computer-based program. Completion of such education component shall satisfy the
requirement for the additional 90-minute parent/student driver education
component so long as there is participation of the student&#8217;s parent or
guardian and the content provided is comparable to that which is offered in the
Commonwealth&#8217;s public schools and emphasizes (a) parental responsibilities
regarding juvenile driver behavior, (b) juvenile driving restrictions pursuant
to this Code, (c) the dangers of driving while intoxicated and underage
consumption of alcohol, and (d) the dangers of distracted driving.
		The Commissioner shall have authority to approve any driver education course
offered by any Class A licensee if he finds the course meets the requirements
for such courses as set forth in this chapter and as otherwise established by
the Department. Class A licensees shall not be permitted to administer
behind-the-wheel examinations unless authorized pursuant to § 46.2-326.1.
Driver education courses offered by any Class B licensee shall be based on the
driver education curriculum currently approved by the Department of Education
and the Department.
		In addition to programs authorized pursuant to this chapter, the Commissioner
may authorize driver training schools to administer programs pursuant to §
46.2-324.1 and subsection B of § 46.2-325.
		The Commissioner may accept, in lieu of requirements established by the
Department of Education for instructor qualification, (1) 20 years&#8217;
service with the Virginia Department of State Police by a law-enforcement
officer who retired or resigned while in good standing from such Department or
(2) (i) 20 years&#8217; service as a traffic enforcement officer with patrol
experience with any local police department by a law-enforcement officer who has
been certified by the Virginia Department of Criminal Justice Services pursuant
to § 15.2-1706, (ii) who retired or resigned while in good standing from such
department, and (iii) who has been certified to teach driver training by the
Virginia Department of Criminal Justice Services.

HISTORY: 1990, c. 466; 1991, c. 214; 2004, c. 587; 2014, cc. 666, 685, 753;
2016, c. 437; 2017, c. 144; 2018, cc. 521, 619; 2019, cc. 78, 155; 2021, Sp.
Sess. I, c. 136; 2022, c. 708; 2025, c. 79.