1.As used in this section, unless the context otherwise requires:
a.“Approved provider” means a provider of a course for drinking drivers offered outside
this state which has been approved by the department of education.
b.“Course for drinking drivers” means an approved course designed to inform the
offender about drinking and driving and encourage the offender to assess the offender’s
own drinking and driving behavior in order to select practical alternatives.
c.“Satisfactory completion of a course” means receiving at the completion of a course a
grade from the course instructor of “C” or “2.0” or better.
2.
a.The course provided according to this section shall be offered on a regular basis at
each community college as defined in section 260C.2, or by substance use disorder treatment
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1. As used in this section, unless the context otherwise requires:
a. “Approved provider” means a provider of a course for drinking drivers offered outside
this state which has been approved by the department of education.
b. “Course for drinking drivers” means an approved course designed to inform the
offender about drinking and driving and encourage the offender to assess the offender’s
own drinking and driving behavior in order to select practical alternatives.
c. “Satisfactory completion of a course” means receiving at the completion of a course a
grade from the course instructor of “C” or “2.0” or better.
2. a. The course provided according to this section shall be offered on a regular basis at
each community college as defined in section 260C.2, or by substance use disorder treatment
programs licensed under chapter 125, or may be offered at a state correctional facility listed
in section 904.102. However, a community college shall not be required to offer the course
if a substance use disorder treatment program licensed under chapter 125 offers the course
within the merged area served by the community college.
b. Enrollment in the courses is not limited to persons ordered to enroll, attend, and
successfully complete the course required under sections 321J.2 and 321J.17, subsection 2.
However, any person under age eighteen who is required to attend the courses for violation
of section 321J.2 or 321J.17 must attend a course offered by a substance use disorder
treatment program licensed under chapter 125.
c. The course required by this section shall be:
(1) Taught by a community college under the supervision of the department of education
or by a substance use disorder treatment program licensed under chapter 125, and may be
offered at a state correctional facility.
(2) Approved by the department of education, in consultation with the community
colleges, substance use disorder treatment programs licensed under chapter 125, the
department of health and human services, and the department of corrections.
d. The department of education may approve a provider of a course for drinking drivers
offered outside this state upon proof to the department’s satisfaction that the course is
comparable to those offered by community colleges, substance use disorder treatment
§321J.22, OPERATING WHILE INTOXICATED 24
programs licensed under chapter 125, and state correctional facilities as provided in this
section. The department shall comply with the requirements of subsection 5 regarding such
approved providers.
e. The department of education shall establish reasonable fees to defray the expense of
obtaining classroom space, instructor salaries, and class materials for courses offered both
by community colleges and by substance use disorder treatment programs licensed under
chapter 125, or for classes offered at a state correctional facility, and for administrative
expenses incurred by the department of education in implementing subsection 5 on behalf
of in-state and out-of-state offenders.
f. A person shall not be denied enrollment in a course by reason of the person’s indigency.
3. An employer shall not discharge a person from employment solely for the reason of
work absence to attend a course required by this section. Any employer who violates this
section is liable for damages which include but are not limited to actual damages, court costs,
andreasonableattorneyfees. Thepersonmayalsopetitionthecourtforimpositionofacease
and desist order against the person’s employer and for reinstatement to the person’s previous
position of employment.
4. The department of education, substance use disorder treatment programs licensed
under chapter 125, and state correctional facilities shall prepare for their respective courses
a list of the locations of the courses taught under this section, the dates and times taught,
the procedure for enrollment, and the schedule of course fees. The list shall be kept current
and a copy of the list shall be sent to each court having jurisdiction over offenses provided
in this chapter.
5. The department of education, substance use disorder treatment programs licensed
under chapter 125, and state correctional facilities shall maintain enrollment, attendance,
and successful and nonsuccessful completion data for their respective courses on the
persons ordered to enroll, attend, and successfully complete a course for drinking drivers.
This data shall be forwarded to the court by the department of education, substance use
disorder treatment programs licensed under chapter 125, and the department of corrections.