HJ712: Driver education programs; joint subcommittee to study feasibility of privatizing in public schools.

HOUSE JOINT RESOLUTION NO. 712
Offered January 10, 2007
Prefiled January 10, 2007
Establishing a joint subcommittee to study the desirability and feasibility of privatizing driver education programs in the public schools. Report.
Patron-- Hugo

Committee Referral Pending

WHEREAS, driver education teaches new drivers the rules of the road, helps them learn the skills necessary to handle a vehicle and interact with other drivers on the road, and prepares them for the written and road tests for the driver's license; and

WHEREAS, the Board of Education prescribes a standardized curriculum for driver education in Virginia's public schools in the safe operation of motor vehicles, including the approval of correspondence courses for the classroom training component of driver education, and school boards may offer driver education programs in the secondary school grades consisting of classroom instruction and behind-the-wheel driver training; and

WHEREAS, although school divisions may provide behind-the-wheel driver training to students for a fee if space is available, and only school divisions that comply with the standardized program and regulations established by the Board of Education and the provisions of § 46.2-335 of the Code of Virginia may participate in the distribution of state funds appropriated for driver education, the actual program costs may exceed the total of fees collected and state funding received by school divisions; and

WHEREAS, student participation in driver education programs in the public schools is declining, programs are costly undertakings for school divisions, and a growing number of students and their parents opt for instruction by privately run driver education schools that offer year-round quality programs at competitive prices; and

WHEREAS, privatizing driver education programs may save public funds, stimulate higher quality services at competitive prices, and promote incentives that are innovative and responsive to the needs of consumers; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee be established to study the desirability and feasibility of privatizing driver education programs in the public schools. The joint subcommittee shall have a total membership of six legislative members. Members shall be appointed as follows: four members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; and two members of the Senate to be appointed by the Senate Committee on Rules. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required. The joint subcommittee shall elect a chairman and vice chairman from among its membership, who shall be members of the General Assembly.

In conducting its study, the joint subcommittee shall (i) examine the benefits and costs of privatizing driver education programs in Virginia; (ii) review the history and legal authority for driver education programs and the interaction of public policies governing public education and motor vehicles; (iii) consider the transition process necessary to move from state-operated to private-operated driver education programs, including, but not limited to, the transfer of teachers and students, and the disposition of facilities and educational materials; (iv) assess the need for statutory, regulatory, fiscal, and policy changes regarding driver education programs and instruction; (v) determine the appropriateness of establishing a regulatory board to govern private driver training schools; and (vi) consider such other related matters as the joint subcommittee may deem appropriate.

Administrative staff support shall be provided by the Office of the Clerk of the House of Delegates. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services. Technical assistance shall be provided by the Department of Education, the Department of Motor Vehicles, and the staffs of the House Committee on Appropriations and the Senate Committee on Finance. All agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request.

The joint subcommittee shall be limited to four meetings for the 2007 interim, and the direct costs of this study shall not exceed $6,000 without approval as set out in this resolution. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint subcommittee shall be adopted if a majority of the House members or a majority of the Senate members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee.

The joint subcommittee shall complete its meetings by November 30, 2007, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2008 Regular Session of the General Assembly. The executive summary shall state whether the joint subcommittee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and the report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2007 interim.