(a) A driver education teacher may not certify that a student enrolled in a State-approved driver education course during the regular school year is qualified to be issued a Driver Education Learner’s Permit or a Level 1 Learner’s Permit by the Division of Motor Vehicles unless the student has done all of the following:

(1) Fulfilled the requirements of the driver education program, including demonstrating knowledge related to traffic stops by a law-enforcement officer as required under § 2713(e) of Title 21.

(2) Met the minimum credit requirements to qualify as a tenth grader as of September 30 of the school year that the student enrolled in the driver education course.

(3) Earned passing grades in 5 credits at the time of certification, with at least 2 of those credits in separate areas of English, mathematics, science, or social studies.

(b) A student who is receiving special education services under an active student’s individualized education plan (IEP) will be authorized until age 21 to complete his or her driver education certification through a State-approved driver education course. Pursuant to Department of Education regulation, 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 of subsection (a) of this section due to modifications in the grading procedure or course of study for the student shall be eligible for certification if the student’s school principal 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) A student who does not meet the certification requirements of this section upon completion of a driver education course may meet the requirements during the subsequent marking period. If the student fails to meet the requirements at the end of the subsequent marking period, the student will be 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.

72 Del. Laws, c. 158, § 1; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 228, § 1; 81 Del. Laws, c. 122, § 2; 81 Del. Laws, c. 350, § 4.