(1) All teachers of traffic education shall have:

(a) a valid Montana teaching certificate;

(b) approval as a teacher of traffic education issued by the superintendent of public instruction.   Approval to teach traffic education shall be renewed with each renewal of the teacher's teaching certificate;

(c) a minimum of eight semester or 12 quarter hours of credit course work in traffic safety education.   This eight or 12-hour block must include a driver task analysis (classroom instruction) and behind-the-wheel (developing vehicle operational skills) course.   For each succeeding renewal of the teacher's teaching certificate, after initial approval, the teacher must accumulate four semester or six quarter hours of qualifying credit course work in traffic safety education, until such time as an endorsable minor, or its equivalent (20 semester or 30 quarter qualifying credits) , has been completed;

(d) a valid driver's license; and

(e) a local, state and national driving record free from all of the following:

(i) more than one moving traffic conviction within any 12 month period of the previous 36 months;

(ii) any alcohol related traffic conviction within the preceding 36 months;

(iii) any driver's license suspension, cancellation, revocation or denial within the preceding five years;

(iv) any involvement in any fatal traffic accident during the previous five years resulting in:

(A) a conviction of a crime; or

(B) the imposition of civil liability;

(v) a declaration of habitual traffic offender status pursuant to 61-11-201 et seq., MCA.

(2) For the purposes of this rule, "conviction" includes, but is not limited to, entry of a guilty plea, "per se" convictions, pleas of "no contest" or similar pleas.

(3) If a teacher's approval to teach traffic education has expired and the teacher has not met the renewal requirements of (1) (c) , the teacher may request an extension for approval to teach traffic education, subject to the following:

(a) A one-time, one-year emergency extension of approval may be granted for a teacher who received initial approval but who has not been able to complete the required four semester or six quarter traffic education credits for re-approval.   The public school district or eligible non-public school shall submit a letter to the office of public instruction stating it has advertised for a traffic education teacher and that no qualified individuals were available to teach.   In addition, the teacher for whom the school is seeking an emergency interim approval shall submit to the office of public instruction a plan outlining how the teacher will satisfy the required coursework within the one-year extended period.

(b) A one-time, extenuating circumstance extension of approval may be granted for a period up to two years.   The district and teacher shall submit the same documentation required in (2) (a) .   In addition to the above documentation, the teacher shall submit a statement of a compelling reason why coursework deficiencies cannot be completed within one year, and shall assure the office of public instruction that the teacher will complete the traffic education minor, or its equivalent, within the extension period.

(c) If other traffic education teachers are available to the school district, no emergency or extenuating circumstance extensions shall be granted.   Both such extensions are contingent upon the other renewal requirements, including a valid driver's license, an approvable driving record and successful renewal of the teacher's Montana teaching certificate.

(4) A teacher's failure to maintain the requirements for traffic education teacher approval constitutes grounds for the immediate revocation of the approval to teach traffic education.   Any revocation of approval may be appealed to the deputy superintendent of public instruction within 30 days of the date of the notice of revocation of approval.   The deputy superintendent shall review the revocation and either confirm or reverse the revocation.   The deputy superintendent's decision is final.