(a) A driver education teacher may not certify that a student is qualified under § 2710 of Title 21 for either a Driver Education Learner's Permit or a Level 1 Learner's Permit unless the student has completed all of the following: (1) Fulfilled the requirements of the state-approved driver education program, including all of the following: a. Successfully completed both components of the driver education program, which are as follows: 1. Classroom. 2. Behind-the-wheel instruction and observation. b. Demonstrated knowledge related to traffic stops by a law-enforcement officer as required under § 2713(e) of Title 21. (2) Was enrolled in tenth or a higher grade, on or before September 30 of the school year when the student was enrolled in the driver education course under paragraph (a)(1) of this section. (3) a. Earned passing grades in at least 5 credits or their equivalent (credits) on the student's most recent, published report card (report card) as follows: 1. All 5 credits must be in a regular course of study, or its equivalent as approved by the local governing body of the student's school. 2. At least 2 of the credits must be in English, mathematics, science, world language, or social studies. 3. When the student's report card includes grades for the marking period and the final grade, the student's final grade determines if the student earned a passing grade. b. The Department of Education shall establish, through regulations, how the number of credits required under paragraph (a)(3)a. of this section is calculated, including how equivalent credit is determined and calculated. (b) If a student is receiving special education services under an active student's individualized education plan (IEP), all of the following apply: (1) The student has until the student's eligibility for special education and related services terminates because the student is 22 years old to complete the driver education certification through the state-approved driver education course. (2) As provided under Department of Education regulations, the student may be authorized to subsequently enroll in another driver education course if the student fails the driver education course during the regular school year. (c) A student who is receiving special education services and is precluded from meeting the academic requirements under subsection (a) of this section because of modifications in the grading procedure or course of study for the student, is eligible for certification if the student's school principal, in collaboration with the student's IEP team, determines that the student is making satisfactory progress in accordance with the requirements of that student's IEP. (d) A local school board may establish requirements higher than the minimum academic eligibility requirements set forth in this section. (e) If a student has successfully completed the driver education course but does not meet the certification requirements under this section, the student is eligible for certification under § 2710 of Title 21 if the student meets the requirements under this section during the next marking period. If the student fails to meet the requirements under this section at the end of the next marking period, the student is ineligible for certification. (f) Any permit issued in violation of the provisions of this section shall be cancelled, all fees forfeited and the applicant must reapply as if they were a new applicant.
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