The Department of Education shall, subject to the approval of the State Board of Education, make rules and regulations concerning instruction in driver education in nonpublic high schools. Such rules and regulations must include all of the following provisions:

(1) The qualification of teachers for driver education in nonpublic high schools must be the same as the qualification for teachers in the public high schools.

(2) The ratio of teachers to pupils for assignment of driver education teachers in nonpublic high schools must be based upon 1 teacher for each 125 tenth grade pupils enrolled in the nonpublic high school or 1/5 of a teacher assignment for each full 25 tenth grade pupils. Tenth grade pupils who are enrolled in the nonpublic high school but who are not residents of this State are excluded from this ratio.

(3) General supervision for the program of instruction in driver education in nonpublic high schools is under the jurisdiction of the Department of Education, but the Department may assign general supervision to a local public reorganized school district.

(4) Assignment of teachers to nonpublic high schools is by authority of the Department of Education and the Department may require from the nonpublic high schools a statement of certified enrollment on a date and in a form as the Department may require.

(5) Salary for teachers in nonpublic high schools, if paid from funds of this State, must be in accord with the regularly adopted salary schedules under Chapter 13 of this title. The salary must be divided by the appropriate factor specified in § 1305(b) of this title to account for supplements normally provided by local school districts. In addition to the calculation under this paragraph (5), teachers and administrators qualifying for professional development clusters in accordance with § 1305(k) of this title must receive an additional amount equal to the approved cluster percentage multiplied by the base salary amount defined in § 1305(b) of this title. This calculation may not be increased for 11- or 12-month employment. The percentage may be applied only to the base 10-month salary for 10-, 11-, and 12-month employees. In accordance with § 1305(o) of this title, the cluster percentage is capped at 15%.

(6) For the purposes of administration and supervision, the teachers of driver education in nonpublic high schools are assigned to the Department of Education.

(7) Funds for the payment of the salary due to teachers of driver education in nonpublic high schools must be appropriated to the Department of Education.

(8) A teacher of driver education may be assigned to several nonpublic high schools, or to both nonpublic and public high schools, in accord with the ratio for assignment under this section.

(9) Pupils must demonstrate knowledge related to traffic stops by a law-enforcement officer as required under § 2713(e) of Title 21.

14 Del. C. 1953, § 131; 56 Del. Laws, c. 439, § 1; 57 Del. Laws, c. 113; 66 Del. Laws, c. 303, § 286(b); 71 Del. Laws, c. 180, § 12; 71 Del. Laws, c. 354, § 396; 73 Del. Laws, c. 312, § 312; 75 Del. Laws, c. 89, § 334; 81 Del. Laws, c. 280, § 366; 81 Del. Laws, c. 350, § 3.