# 14 Del. Admin. Code § 540: 14 DE Admin. Code 540. Driver Education > Delaware · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_540 ## Section - **Citation:** 14 Del. Admin. Code § 540 - **Heading:** 14 DE Admin. Code 540. Driver Education - **Jurisdiction:** Delaware - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Delaware Administrative Code / Title 14 Education / 500 Curriculum and Instruction / 14 DE Admin. Code 540 ## Text Title 14 Education 500 Curriculum and Instruction Curriculum and Instruction 540 Driver Education 1.0 Eligibility for Driver Education 1.1 A student enrolled in a Delaware public school or nonpublic school (private and homeschool) and who is a resident of Delaware is entitled to free driver education one time only. Students who are not successful in their initial driver education course may register in any of the adult driver education programs for a fee. 1. 2 1.1 For a student with an active Individual Education Program (IEP), the Individualized Education Program Team, in consultation with the Driver Education teacher, may make accommodations to the Driver Education program, including but not limited to, allowing multiple opportunities to take the driver education course, delaying the course until the 11 th or 12 th grade, taking the course across two semesters and offering specialized instruction and related services through the student's Individual Education Program (IEP). 1.1.2 A student who is receiving special education services under an active Individual Education Program (IEP) shall be authorized until the age of 21 to complete the driver education certification. 1.1.3 A student with an active IEP retaking the driver education course because of failing the initial driver education course shall not be required to pay a fee for taking the course additional times. 1.2 Nothing in this regulation shall alter a school's duties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a school from providing driver education to such students cation course shall not be required to pay a fee for taking the course additional times. 1.2 Nothing in this regulation shall alter a school's duties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a school from providing driver education to such students. 1.3 Delaware students who are residents attending school out of state as 10 th graders, students in excess of the September 30th unit allotment, students attending private schools in the state with 10 th grade enrollments of less than twenty-five homeschooled students and any student approved by the Secretary as an exceptional case are entitled to attend summer driver education without charge. Districts shall notify all nonpublic and public high schools in their district by May 1st annually as to the location of the nearest summer driver education program. Summer Driver Education shall be offered between June 10 and August 31 and each request for free tuition must be approved by the Secretary of Education through the Director overseeing driver education. 1.4 Adult Driver Education programs, when offered, shall follow the same regulations established for the high school and the summer programs. The adult programs are available to any individual for a fee through a local school district in each county. The cost per student for adult driver education will be determined by the Department of Education. 12 DE Reg. 670 (11/01/08) 16 DE Reg. 1070 (04/01/13) 2.0 Requirements for Class Time 2.1 The driver education course shall include a minimum of forty four (44) class hours of instruction consisting of thirty (30) class hours of classroom instruction, seven (7) class hours of in the car behind the wheel laboratory instruction and seven (7) hours of actual observation in the car. The class hours must not be less than forty five (45) minutes each 1/13) 2.0 Requirements for Class Time 2.1 The driver education course shall include a minimum of forty four (44) class hours of instruction consisting of thirty (30) class hours of classroom instruction, seven (7) class hours of in the car behind the wheel laboratory instruction and seven (7) hours of actual observation in the car. The class hours must not be less than forty five (45) minutes each. For those schools with varying class schedules the minimum classroom instruction must be no less than one thousand three hundred fifty (1350) minutes and behind the wheel laboratory instruction no less than three hundred fifteen (315) minutes. 2.2 Driving simulators may be substituted for the required hours of behind the wheel laboratory instruction but only up to three (3) hours of time at the ratio of four (4) hours of driving simulation to one (1) hour of actual behind the wheel laboratory instruction. 2.3 Off the street driving ranges or multiple driving ranges that are off the street may be substituted for actual behind the wheel laboratory instruction up to three (3) hours time at the ratio of two (2) hours of range instruction time to one (1) hour of actual behind the wheel laboratory instruction time. 2.4 Driving simulation and off the street driving range time shall not be taken from or cause a reduction of classroom instruction time. 2.5 Driving simulation and off the street driving range time shall not be substituted for more than one half (1/2) of the total required seven (7) hours of actual behind the wheel laboratory instruction and only at the ratios defined in 2.0. This includes individually or in any combination. 3.0 Curriculum The Driver Education teachers shall use the statewide curriculum for driver education developed by the Department of Education for classroom instruction and behind the wheel laboratory instruction time. Teachers should include student activities requiring reading, writing and research as part of the Driver Education curriculum n 2.0. This includes individually or in any combination. 3.0 Curriculum The Driver Education teachers shall use the statewide curriculum for driver education developed by the Department of Education for classroom instruction and behind the wheel laboratory instruction time. Teachers should include student activities requiring reading, writing and research as part of the Driver Education curriculum. 4.0 Final Grades 4.1 Final grades for the forty four hour driver education course shall be either pass or fail. Schools may grant one fourth (1/4) credit for successful completion of the minimum hours in both the classroom and the behind the wheel laboratory experience. The one fourth of a credit for driver education may be included as part of the elective credits counted toward graduation. 4.2 Pass or Fail grades must be received by the Department of Education no later than June 30th for Regular Driver Education Programs and August 31st for Summer Driver Education Programs. Final grades will be maintained by the Department for a seven year period. 5.0 Use of Driver Education Cars Automobiles purchased, leased from Fleet Services or leased directly from a dealership using state funds allocated for driver education shall be used solely for the instruction of students enrolled in Driver Education; except that a school district or charter school may permit a driver education teacher to drive such automobile to and from the teacher's place of residence when the school district or charter school determines that it would be unsafe to store the automobile overnight at the school. The Director overseeing driver education shall assign private school driver education teachers a state parking location to store the vehicle overnight when it appears that it would be unsafe to store the automobile overnight at the school. 12 DE Reg. 670 (11/01/08) 16 DE Reg. 1070 (04/01/13) 6.0 Scheduling of Driver etermines that it would be unsafe to store the automobile overnight at the school. The Director overseeing driver education shall assign private school driver education teachers a state parking location to store the vehicle overnight when it appears that it would be unsafe to store the automobile overnight at the school. 12 DE Reg. 670 (11/01/08) 16 DE Reg. 1070 (04/01/13) 6.0 Scheduling of Driver. All public and private high schools with twenty five or more enrolled 10th grade students shall offer Driver Education as part of the curriculum. 1 DE Reg. 964 (1/1/98) 6 DE Reg. 773 (12/1/02) 10 DE Reg. 1587 (04/01/07) 12 DE Reg. 670 (11/01/08) 16 DE Reg. 1070 (04/01/13) ## Nearby sections - [14 Del. Admin. Code § 501 14 DE Admin. Code 501. State Content Standards](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_501.md) - [14 Del. Admin. Code § 502 14 DE Admin. Code 502. Alignment of School District Curricula to the State Content Standards](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_502.md) - [14 Del. Admin. Code § 503 14 DE Admin. Code 503. Instructional Program Requirements](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_503.md) - [14 Del. Admin. Code § 505 14 DE Admin. Code 505. High School Graduation Requirements and Diplomas](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_505.md) - [14 Del. Admin. Code § 506 14 DE Admin. Code 506. Policies for Dual Enrollment and Awarding Dual Credit](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_506.md) - [14 Del. Admin. Code § 507 14 DE Admin. Code 507. Student Success Planning](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_507.md) - [14 Del. Admin. Code § 508 14 DE Admin. Code 508. Multi-Tiered System of Support (MTSS)](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_508.md) - [14 Del. Admin. Code § 525 14 DE Admin. Code 525. Requirements for Career and Technical Education Programs of Study](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_525.md) - [14 Del. Admin. Code § 540 14 DE Admin. Code 540. Driver Education](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_540.md) - [14 Del. Admin. Code § 545 14 DE Admin. Code 545. K to 12 School Counseling Programs](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_545.md) - [14 Del. Admin. Code § 551 14 DE Admin. Code 551. K to 12 Comprehensive Health Education Program](https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_551.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_540. Check the current official text before relying on it. Not legal advice.