wa-26-21-102: Licensing, Department of — WSR 26-21-102

WSR 26-21-102 (26-21)WSR 26-21-102PROPOSED RULESDEPARTMENT OF LICENSING[Filed October 21, 2026, 11:16 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-12-080.Title of Rule and Other Identifying Information: Amending chapter 308-108 WAC, Driver training schools.Hearing Location(s): On November 24, 2026, at 10:00 a.m., via Zoom meeting at https://us06web.zoom.us/j/86763091125?pwd=pOpTJVOSc1ZNF3H2jBKevhvK5vXaGJ.1, Meeting ID 867 6309 1125, Passcode 415713; or call in (audio only) 1-253-215-8782 (Tacoma), 1-253-205-0468 (United States, Tacoma), Conference ID 86763091125#, Passcode *415713#; or in person at 1125 Washington Street S.E., Olympia, WA 98504. Please note that there is both an in-person and a virtual option. If you are not able to sign in using Teams [Zoom], your only option may be phone. Please plan on attending in person if the call-in option is not a preferred method of participating.Date of Intended Adoption: November 25, 2026.Submit Written Comments to: Colton Myers, 1125 Washington Street S.E., Olympia, WA 98504, web dol.wa.gov/about/rulemaking-activity, email rulescoordinator@dol.wa.gov, by November 24, 2026.Assistance for Persons with Disabilities: Contact Colton Myers, phone 564-464-5716, email rulescoordinator@dol.wa.gov, by November 17, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules will implement provisions of ESHB 1878, concerning young driver safety, which passed during the 2025 legislative session. Reasons Supporting Proposal: Amending chapter 308-108 WAC, Driver training schools, will satisfy requirements established under ESHB 1878, which passed during the 2025 legislative session. Statutory Authority for Adoption: RCW 46.01.110 Rule-making authority, 46.82.290 Administration of chapter—Adoption of rules, and ESHB 1878, concerning young driver safety. Statute Being Implemented: ESHB 1878, which includes RCW 46.20.1191, 46.20.100, 46.20.1192, 46.82.480, and 46.82.280.Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: Department of licensing, governmental.Name of Agency Personnel Responsible for Drafting: Cara Jockumsen, 1125 Washington Street S.E., Olympia, WA 98504; Implementation and Enforcement: Dan Cooke, 1125 Washington Street S.E., Olympia, WA 98504, 360-902-3826.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. As filed, changes to chapter 308-108 WAC do not impose any additional costs that are not already established in statute. While driver training schools are encouraged to include self-paced online or components of asynchronous instruction, it is not a requirement.This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; rule content is explicitly and specifically dictated by statute; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.Scope of exemption for rule proposal:Is fully exempt.The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. As filed, changes to chapter 308-108 WAC do not impose any additional or significant costs that are not already established in statute. Driver training schools are encouraged to include self-paced online or components of asynchronous instruction, though it is not a requirement.October 20, 2026Molly VorisLegislative and Policy DirectorRDS-7504.1AMENDATORY SECTION(Amending WSR 25-13-068, filed 6/13/25, effective 7/14/25)WAC 308-108-020Definitions.The definitions of this section apply throughout this chapter unless the context clearly requires otherwise:(1) "Adult course" means the course offered to adults who do not need the comprehensive driver training education required ((for minor drivers))under RCW 46.20.100.(2) "Behind the wheel instruction" means that portion of a traffic safety education course that consists of ((on-street, dual-controlled vehicle operation or similar instruction given))practical application of classroom instruction, demonstration of driving skills and maneuvers, and knowledge related to vehicle control. This may be accomplished in vehicle, on-street or in parking lot settings, in dual-controlled vehicle operation, or under simulated conditions that ((has))have been approved by the director.(3) "Branch office" or "branch classroom" means a facility within a 35-mile radius of a driver training school's established place of business, except where the 35-mile radius requirement has been waived or extended by the department as provided by RCW 46.82.360 (6)(c), that has been approved by the department for use by the driver training school. (4) "Classroom," defined in RCW 46.82.280(2), may also include a virtual classroom environment when video conferencing technology is capable of two-way communication between the instructor and all students.(5) "Course cost" means the price charged for a course offering before any taxes, subsidies, discounts, or other price reductions or additional fees.(6) "Department" means the department of licensing.(7) "Driver training education course" means the driver training education course as defined in RCW 46.82.280 and following the required curriculum.(8) "Engage in a course of instruction" means to enroll in, schedule, collect a fee for, or sign an application for an instruction permit in order to attend or take part in a driver training education course.(9) "Inactive instructor" means an instructor with a valid Washington instructor's license who is no longer employed by or otherwise associated with a licensed driver training school.(10) "Instructor-led" means person-to-person learning where students can ask questions, receive feedback in real-time, and interaction and discussion are enabled.(11) "Instructor-trainer" means a currently licensed instructor who is training ((traffic safety))driver training education instructors and who has not less than:(a) One thousand hours of experience in providing ((traffic safety))driver training education in the past year; (b) Five years of previous experience in providing ((traffic safety))driver training education; or(c) One thousand hours or five years experience in the field of traffic safety and proof of training acceptable to the director in how to teach and train others, and not less than 300 hours of previous experience in training others.(12) "License or endorsement test" means a test that is required to obtain a personal or commercial driver license or permit or a motorcycle permit or endorsement.(13) "Other courses" means any course of instruction in the operation of an automobile other than those defined in this chapter.(14) "Records" means all documents, papers, and reports required to own a driver training school((,)) including, but not limited to:(a) Vehicle registration, title, insurance policy, and maintenance information;(b) Business financial documents, such as franchise agreements, corporate documents, bank records, partnership agreements, lease agreements, and purchase and sale agreements; and(c) Student classroom and behind-the-wheel instruction reports.(((14)))(15) "Required curriculum" means the Washington Traffic Safety Education Required Curriculum Standards, which prescribes the mandatory content and objectives for all driver education courses in Washington. These standards are jointly developed and approved by the department of licensing and the office of the superintendent of public instruction and are incorporated by reference in this chapter.(((15)))(16) "Student" means any person enrolled in an approved driver training education course who is at least 15 years of age.AMENDATORY SECTION(Amending WSR 09-21-093, filed 10/20/09, effective 11/20/09)WAC 308-108-025Fees.The following fees shall be charged by the driver services division, department of licensing:Title of FeeFeeDriver training school license original application$500.00Driver training school license renewal application250.00Driver training school license transfer500.00Branch ((office or branch))location classroom original application250.00Branch ((office or branch))location classroom renewal application125.00Instructor's license original application125.00Instructor's license renewal application100.00((Duplicate license10.00))Department of enterprise services print fee5.00Knowledge and/or skill examination25.00Staff background check12.00AMENDATORY SECTION(Amending WSR 09-21-093, filed 10/20/09, effective 11/20/09)WAC 308-108-090((Instructing instructors in the training of drivers.))Instructor training requirements.(1) The course of instruction approved by the director in the training of drivers required under RCW 46.82.330 (2)(d) shall include instruction in driver education classroom methods and principles that prepare an instructor to provide traffic safety education as described in these rules and in state law.(2) To ensure the quality of the training given, the instruction course must:(a) Be provided by, and under the direct supervision of:(i) An institution of higher learning accredited by the Northwest Association of Schools and Colleges or by an accrediting association recognized by the higher education board;(ii) A licensed private ((vocational)) school as that term is defined by RCW 28C.10.020(7); ((or))(iii) An instructor-trainer; or(iv) Department provided training.(b) Be not less than ((one hundred))100 hours in total length and consist of:(i) Not less than ((forty))40 hours of instruction in behind the wheel teaching methods;(ii) Not less than ((twenty))20 hours of supervised practice in behind the wheel teaching of driving techniques;(iii) Not less than ((forty))40 hours total of instruction that includes all of the following areas:(A) Education and special education;(B) Driver education teacher, instructor, or trainer skills training;(C) Classroom teaching techniques;(D) Communication skills; (E) Teaching the concepts of driving and traffic safety to others;(F) Educational methods, theories and concepts in teaching a driver education course, and knowledge of all aspects of the driving task;(G) Developing instructional materials and activities that aid student learning and performance;(H) Defining and describing the nature of the driving task on public highways;(I) Establishing and maintaining classroom organization;(J) Managing enrollment, student scheduling, student records, and required reports; and(K) Planning a course of student instruction with outlines, lesson plans, and student performance evaluation tools.(3) The department must approve an instructor training course curriculum before use by an instructor-trainer.(4) Any revision to an approved instructor training course curriculum used by an instructor-trainer must be submitted for review and approval by the department no less than ((thirty))30 days prior to its use.(5) The department may consider other instructional methods, instruction providers, or academic instruction in lieu of those listed in subsection (2) of this section.(6) The department may monitor instructor education courses at any time to ensure that the instructor training requirements of this section are being satisfied.AMENDATORY SECTION(Amending WSR 22-22-075, filed 10/31/22, effective 12/1/22)WAC 308-108-130Inspection and ((review))audit.(1) The department may require that a driver training school owner submit to an inspection or review of the school's operations and records at any time during regular business hours.(2) Records shall be housed electronically or via hard copy and made available for inspection within two business days following a request for review by the department.(3) Schools will provide the department access to virtual classroom sessions upon request.AMENDATORY SECTION(Amending WSR 25-01-054, filed 12/11/24, effective 1/11/25)WAC 308-108-140Reporting requirements.(1) All driver training school owners shall:(a) Report to the department within 10 days any driving or traffic-related incidents involving an instructor employed by the school including, but not limited to:(i) Conviction for a traffic violation;(ii) Finding that a traffic infraction has been committed;(iii) Entry into a deferred prosecution agreement; or(iv) Suspension, revocation, cancellation, or denial of driving privileges.(b) Report to the department within ((24 hours))four days following any traffic safety education vehicle involved in a traffic collision for which an accident report must be or has been made under the provisions of RCW 46.52.030. Prior to the return to service of any traffic safety education vehicle that has been involved in a collision, the school owner must forward a vehicle inspection report to the department.(c) ((Forward to the department by the seventh day of each month, a report of student enrollment in traffic safety education courses provided by the school, including but not limited to:(i) The start date and end date of any courses provided by the school that are initiated during the reporting period, including the total number of students enrolled in each course;(ii) The names and certificate numbers of all instructors providing classroom and/or behind the wheel instruction for each course;(iii) The names and instruction permit or driver's license numbers or dates of birth of all students enrolled in each course, along with the identifying number of the traffic safety education certificate reserved for each student for issuance upon successful completion of the course.))Schools must report the following details for each student via the department's portal within seven business days of course completion or termination:(i) Course start and end dates;(ii) The identity of all instructors associated with the student's training;(iii) The final course status (pass, fail, or incomplete); and(iv) The primary delivery method utilized (in-person classroom, live virtual classroom, or self-paced online module).(d) Not less than annually, have completed and have on file at the main school location a vehicle inspection report as required under WAC 308-108-110 (1)(b) for all traffic safety education vehicles in use by the school.(e) Report to the department ((within 10 days)) any new vehicles used by the school for instructional purposes or any vehicles taken out of service.(2) All driver training schools must report the following information to the department at time of license application, license renewal, and no less than once per year unless otherwise specified in this or another chapter:(a) Name of business;(b) Location(s) where services are provided, in standard USPS format;(c) Contact information, including:(i) Phone number;(ii) Email address;(iii) Website (if applicable);(d) Language(s) training course services are offered in;(e) Course offerings, including:(i) Driver training education course;(ii) Adult course;(iii) Course cost; and(f) License or endorsement test offerings.(3) System access and instructor linking. All driver training schools must link every instructor to the school via the department's electronic system (DRIVES) prior to that instructor providing any instruction. Schools must maintain these links to ensure they accurately reflect active staff. Links must be terminated in the system within two business days of an instructor's separation from the school.(4) Duty to report misconduct. Any school owner, instructor, employee, or person associated with the driver training school who has knowledge of conduct by a school owner or instructor that poses an immediate threat to public safety or constitutes a violation of chapter 46.82 or 18.235 RCW or chapter 308-108 or 308-110 WAC, and applicable policies and contracts must report such conduct to the department immediately.(5) Duplicate reporting. Submission of a report by one obligated party does not relieve other parties with knowledge of the incident from their reporting responsibility, unless the reporting party has written confirmation that the incident has already been reported to the department.AMENDATORY SECTION(Amending WSR 22-22-075, filed 10/31/22, effective 12/1/22)WAC 308-108-150Driver education course requirements.Driver training schools that provide education for persons ((under the age of 18 must ensure their course:(1) Includes a minimum of 30 hours of classroom instruction;(2) Meets the behind the wheel instruction and observation requirements of WAC 308-108-160;(3) Has a minimum of one hour and no more than two hours of classroom instruction and no more than one hour of behind the wheel instruction during a single day, except when adding a make-up class, in which case classroom instruction must not exceed four hours in a single day;(4) Has a classroom portion that is instructor-led, where the instructor is present for the duration of instruction, and consists of:(a) Lecture, group work, videos, and/or other activities;(b) Teacher and student interaction; and(c) Questions and answers, and/or discussion;(5) Has no more than six make-up hours of alternative instructor-led classroom instruction, delivering the same information that was missed.(6) Has all students in a classroom session on the same lesson, with the exception of make-up lessons. Open enrollment or self-paced instruction is not permitted;(7) Is not completed in fewer than 30 calendar days;(8) Includes comprehensive final written and behind the wheel examinations;(9) Has a flow chart that indicates how the classroom and behind the wheel instruction are completed throughout the course;(10) Includes information on the state of Washington's intermediate license requirements, restrictions, violations, and sanctions for violation of these requirements;(11) Includes the delivery of instructional material developed by the department and the federally designated organ procurement organization for Washington state relating to organ and tissue donation awareness education; and(12) Has a designated time for a parent, guardian, or employer night that is no less than one hour, which may fulfill one of the 30 hours required for student training, and must include:(a) Instruction on the parent, guardian, or employer responsibilities and the importance of parent, guardian, or employer involvement with the teen driver;(b) Information on intermediate license laws, restrictions, and sanctions;(c) An introduction to the parent guide to teen driving; and(d) A questions and answers period.))required in chapter 46.20 RCW to complete a driver training education course defined under chapter 46.82 RCW must adhere to the following requirements:(1) General course requirements. For all instruction delivered by a private driver training school, regardless of the delivery method, the course must:(a) Include a minimum of 30 hours of classroom instruction;(b) Adhere to the published Washington traffic safety education curriculum standards, approved jointly by the department and the office of the superintendent of public instruction, incorporated by reference in WAC 308-108-155 and available on the department's website;(c) Provide material required for course completion (e.g., textbook, workbook, driver guide) prior to course start;(d) Consist of a minimum of one hour and no more than two hours of classroom instruction per day, except when adding a make-up class, in which case classroom instruction must not exceed four hours in a single day. Self-paced online courses are exempt from this requirement;(e) Have a designated time for a parent, guardian, or employer night that is no less than one hour, which may fulfill one of the 30 hours required for student training, and must include:(i) A course syllabus that indicates how the classroom and behind the wheel instruction are completed throughout the course;(ii) Instruction on the parent, guardian, employer, or mentor responsibilities and the importance of parent, guardian, employer, or mentor involvement with the novice driver;(iii) Information on intermediate license laws, restrictions, and sanctions;(iv) An introduction to the parent guide to teen driving;(v) Coaching and mentoring strategies to complete required practice hours; and(vi) A questions and answers period;(vii) Self-paced online courses must provide the same designated time and content to responsible adults in-person, virtually, or in a dedicated module within the course;(f) Limit alternative instructor-led make-up classroom instruction to a maximum of six hours per student. Self-paced online courses are exempt from this requirement;(g) Include a minimum of six hours of behind-the-wheel instruction (or five hours of behind-the-wheel instruction and four hours of simulation) and one hour of in-vehicle observation;(h) Limit standard behind-the-wheel instruction to no more than 90 minutes during a single day;(i) Allow for up to four hours of behind-the-wheel instruction in a single day based on department approval and only under department-defined hardship provisions established in this chapter; and(j) Require a comprehensive summative assessment (final test) to evaluate overall proficiency, which must be proctored during the provider's operational hours with an instructor present and meet the department's End-of-Course Final Test Guidelines. The final test must be approved for use by the department.(2) In-person classroom instruction. For instruction delivered in a physical classroom environment, the course must:(a) Be led by a licensed instructor(s);(b) Ensure students are visible to the instructor;(c) Ensure the instructor is accessible for in-class communication and outside class communication;(d) Utilize a combination of audio, visual, and interactive elements; and(e) Enforce a strict attendance policy requiring that if a student misses scheduled class time, they must complete a formal make-up session covering the exact material missed.(3) Virtual classroom instruction (synchronous). For instruction delivered in a live virtual environment, the course must:(a) Have licensed visible instructor(s) present for the entire duration of instruction;(b) Require students to actively participate for the duration of the session and require instructors to utilize and document active engagement tools to verify student attention;(c) Ensure the instructor is accessible via email, phone, and live in-class communication;(d) Utilize audio, visual, and interactive elements, and support closed captioning for accessibility; and(e) Enforce a policy where if a student is absent, loses connection, drops off camera, or otherwise misses more than 15 minutes of a scheduled class, they must complete a formal make-up session covering the exact material missed.(4) Self-paced online instruction (asynchronous). Self-paced online courses or components of a course that are self-paced online are permitted exclusively as authorized by the department. Providers must undergo a formal department curriculum and platform auditing and approval process prior to operation. For instruction delivered via a self-paced online platform, the course must meet all general course requirements and:(a) Be delivered via an automated, self-paced online course platform without an instructor present, and all material required for course completion (e.g., textbook, workbook, driver guide) is provided prior to the course;(b) Align with Washington traffic safety education required curriculum standards by breaking topics down into manageable, scaffolded units with clear learning objectives;(c) Maintain a balance of instruction and student engagement with some active engagement (e.g., interactive simulations, hands-on learning) that offers real-time feedback for every 15 minutes of instruction;(d) Allot a maximum of six hours of the course to driving-related educational videos, ensuring all videos follow course engagement practices and prohibiting videos unrelated to safe driving practices;(e) Monitor progress through summative assessments at the end of each module or unit, employing linear progression tracking instead of traditional make-up policies;(f) Utilize assessments that include wrong-answer interventions, offering helpful hints or coaching feedback to guide students toward the right answer rather than immediately providing correct answers;(g) Be supported by department-licensed instructors that have access to tools that allow them to monitor progress, review assessment results, and offer timely interventions and remediation; and(h) Provide a clear mechanism for students to seek instructional assistance and a standard method for instructors to respond to questions and comments, with a requirement that instructors respond within two business days.AMENDATORY SECTION(Amending WSR 07-01-070, filed 12/18/06, effective 9/1/07)WAC 308-108-160Behind the wheel instruction and observation.(1) Instruction provided to students ((under the age of eighteen)) must include:(a) Behind the wheel instruction consisting of:(i) Not less than six hours of on-street behind the wheel vehicle operation under the direct supervision and direction of a licensed instructor; or(ii) Five or more hours of on-street behind the wheel vehicle operation and four or more hours of driving simulation instruction under the direct supervision and direction of a licensed instructor; and(b) One or more hours of additional in-vehicle driver observation. Students aged 18 and over are not subject to the driver observation requirement.(2) Behind the wheel instruction must be documented on a form provided or approved by the department, including the time the instruction was conducted, the signature of the instructor, and initials of the student.(3) Up to four hours of behind-the-wheel instruction in a single day to a student if all of the following conditions are met:(i) Qualifying hardship. The student resides more than 50 miles from the driver training school location, or the student can demonstrate a round-trip travel time exceeding two hours.(ii) Mandatory rest periods. For any session exceeding one hour, the student must receive a minimum of 10 minutes of rest for every 60 minutes of instruction. If the session exceeds two hours, a minimum 30 minute break is required at the midpoint. Break times do not count towards the hours of instruction requirement.(iii) Documentation. The school must retain documentation verifying the student's residence or travel hardship in the student record as required by WAC 308-108-120.(iv) Student consent. The extended duration must be requested in writing by the student (or parent/guardian if under 18).AMENDATORY SECTION(Amending WSR 22-22-075, filed 10/31/22, effective 12/1/22)WAC 308-108-165Prohibition on wireless communication devices during instruction.(1) Driving school instructors must not use personal electronic devices, hands-free or otherwise, that distract from or interfere with the behind the wheel or classroom instruction task. This includes the use of any communications devices that result in verbal or written text responses while conducting instruction. While supervising the operation of a vehicle, instructors are additionally prohibited from sending or receiving messages with these devices. Ring volumes for these devices, or any phone in proximity, are to be silenced so as not to interfere in any way with the student learning or interacting with the instructor.(2) This section does not apply to voice activated GPS devices or classroom devices that are being used as part of an approved curriculum. This section also does not preclude the use of devices to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property, as permitted under RCW 46.61.672.(3) An unreasonable risk associated with a failure to obey this section is a violation of RCW 18.235.130(4).(4) This section does not prohibit the use of wireless communication devices during instruction if the use is to access a virtual classroom or in the case of an emergency.(5) This section does not prohibit the use of electronic translation devices used to facilitate instruction.AMENDATORY SECTION(Amending WSR 22-22-075, filed 10/31/22, effective 12/1/22)WAC 308-108-170Ensuring student accomplishment.(1) Each driver training school must have a written curriculum guide available to each instructor and such guide shall be used for student instruction.(2) In order to receive a traffic safety education certificate, all students ((under the age of 18)) must satisfactorily complete all portions of the course of instruction included in the student curriculum as approved by the driver instructors' advisory committee.(3) In order to satisfactorily complete a school's driver training course, all students ((under the age of 18)) must pass a comprehensive driving knowledge and skills test or tests that ((deals with all or many of the))covers all relevant details of the course curriculum that meets the standards established by the department in the End-of-Course Final Test Guidelines. These guidelines are incorporated by reference into this chapter and are available for review on the department's website.(4) Each driver training school must assess the needs and progress of students and give appropriate direction for additional driving experience and/or guided practice provided by a licensed driver with at least five years of driving experience.NEW SECTIONWAC 308-108-185Driver education voucher program.(1) Pursuant to RCW 46.82.480, the department is required to establish a driver education voucher program to provide financial assistance to help cover the cost of a driver education course.(2) Licensed driver training schools who choose to participate in the program must:(a) Maintain an active voucher program contract with the department; and(b) Submit invoices to the department after a student has completed a course.(i) Partial or prorated payments to schools are permitted for drivers who start but do not complete a full course.(ii) If a school chooses to drop a voucher recipient from their course without documented cause, the department may deny a prorated payment.(3) The maximum dollar value of a voucher will be set by the department and may change annually based on fund availability and/or other factors.