(c) be taught by a teacher(s) of traffic education approved by the superintendent of public instruction;

(d) be based on a curriculum guide, or guides, readily available for review from the superintendent of public instruction or traffic education staff.  A student must meet the minimum performance objectives identified by the local school district in order to be considered as having successfully completed the program;

(e) be scheduled so that a sufficient number of courses are provided to allow every eligible student within the school's geographic jurisdiction an equitable opportunity to enroll;

(f) consist of at least 60 hours of structured learning experiences:

(i) scheduled over no less than 20 student-contact days;

(ii) beginning September 1, 2002, scheduled over no less than 21 student-contact days;

(iii) beginning September 1, 2003, scheduled over no less than 23 student-contact days;

(iv) beginning September 1, 2004, scheduled over no less than 25 student-contact days; and

(v) including no fewer than six hours of behind-the-wheel, in-traffic driving instruction; and

(vi) effective September 1, 2002, including no fewer than six hours of behind-the-wheel, in-traffic driving instruction scheduled over no less than six student-contact days;

(g) to meet the requirements in (1) (f) :

(i) twelve hours of simulation may be substituted for two hours of behind-the-wheel instruction for those schools having traffic simulator equipment approved by the office of public instruction;

(ii) up to 12 of the 60 hours required hereunder may be satisfied by in-vehicle observation of an approved teacher instructing another novice driver;

(h) provide behind-the-wheel instruction only to students who are currently participating in classroom instruction.  All traffic education program phases must be conducted using concurrent or integrated scheduling;

(i) use only dual-control vehicles that are equipped according to standards established by the superintendent of public instruction;

(j) have property and liability insurance sufficient to protect the school, teachers, students, the public, the vehicle(s) , and its owner;

(k) use the office of public instruction form entitled "School/Dealer Vehicle Use Agreement" (form TE02) or the school's equivalent form when a traffic education loan vehicle is procured from a vehicle dealer; and

(l) complete all reports and documents required by the office of public instruction and the department of justice, motor vehicle division in the time frames required.

(2) Schools wishing to depart from any of the above requirements must submit clear and complete explanation to the traffic education specialist, office of public instruction, along with the school district application forms.  Approval of a departure request must be granted before the program begins.

(3) A school's failure to comply with the program requirements outlined herein shall be grounds for the superintendent or public instruction to deny or revoke the approval of the school's traffic education program application.

(4) As used in sub-chapter 3, program standards and course requirements for traffic education, the following definitions apply:

(a) "Concurrent scheduling" means scheduling the traffic education program without an interruption of instruction between classroom instruction and behind-the-wheel instruction;

(b) "Eligible student" means any youth who lives within the geographic boundaries of the public school district whether or not they are enrolled in the public school district and who meets the age requirements of ARM 10.13.312 and has not yet reached 19 years of age on or before September 10 of the school year in which the student participates in traffic education.

(i) For the purposes of this rule, traffic education programs conducted during summer months shall be considered part of the school year immediately preceding the summer months.

(c) "Equitable" means treating all eligible students fairly and without bias in the notification, enrollment, and class administration procedures associated with traffic education;

(d) "Integrated scheduling" means scheduling the traffic education program to include a blend of classroom instruction and associated behind-the-wheel instruction during the duration of the traffic education course.