1. (a) To request approval of a Traffic Violator School (TVS) Operator Educational Training Program, an applicant shall submit a Request for Approval of TVS Operator Educational Training Program, form OL 765 (Rev. 1/2011), which is hereby incorporated by reference. The application shall be submitted with program materials specified in this section based on the modality of instruction (classroom, home study, or internet) of the program being submitted for approval.

   1. (1) Separate approval shall be required for each modality of the TVS operator training.
   2. (2) The program provider shall indicate which educational program the submitted course material will be used (eight hour, four hour or both).

2. (b) The content of an educational program, as provided in Vehicle Code section 11202.5(a)(4), must be submitted to and approved by the department.

   1. (1) An educational program shall adequately cover the following subject matter:

      1. (A) Subject material required by the department for a Traffic Violator School program
      2. (B) Effective methods and techniques of teaching
      3. (C) Americans with Disabilities Act (ADA) requirements (beginning with 42 U.S.C. Sec. 12101).
      4. (D) Recordkeeping and document retention requirements
      5. (E) Responsibilities of a TVS instructor
      6. (F) Responsibilities of a TVS operator
      7. (G) TVS statutes and regulations
      8. (H) Office procedures
      9. (I) Techniques for student participation
      10. (J) Departmental actions, penalties and the appeal process
   2. (2) The educational program provider shall be responsible for revising their approved course material as necessary to ensure that all required subject areas presented reflect substantial ongoing changes in relevant statutes, regulations or other requirements.

3. (A) A substantial change to the course material of an approved program must be authorized in writing by the department prior to presenting it in an approved program.

   1. (3) An educational program provider shall receive a letter of approval or disapproval from the department when a proposed course or a proposed change to a previously approved course is submitted by a program provider.

      1. (A) An approved course shall be assigned a unique certification number.
      2. (B) When the department disapproves course material submitted, the department shall notify the program provider of all deficiencies.
      3. (C) An educational program approved by the department shall be approved as long as the program continues to meet all program requirements as described in this article and in Vehicle Code section 11202.5(a)(4).

   2. (4) An educational program shall contain a final examination consisting of:

      1. (A) A sixty minute, 50 question test for the eight hour educational program.
      2. (B) A thirty minute, 25 question test for the four hour educational program.
      3. (C) The final examination time may be included in the course time requirement.
   3. (5) All TVS operator educational programs shall comply with the established requirements of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. Sec. 12101, et seq.), as applicable.

4. (c) Additional submission requirements for a classroom program include documentation of the following:

   1. (1) A lesson plan for a TVS operator educational program shall include:

      1. (A) A table of contents, sequentially numbered lines on each page and sequentially numbered pages.
      2. (B) A time schedule that specifies the time allotted to cover each subject area, break periods and administrative activities.
      3. (C) A minimum of three final examination tests.

5. (d) Additional submission requirements for a home study program include documentation of the following:

   1. (1) A sample of the workbook and all other course material used for instruction.
   2. (2) A minimum of three copyright protected final examinations shall be submitted.
   3. (3) The program shall comply with the established requirements of the Americans with Disabilities Act of 1990 (ADA)(42 U.S.C. Sec. 12101, et seq.), as applicable. Such consideration may include but is not limited to captioning for verbal instruction, and larger text for written material.

6. (e) Additional submission requirements for an internet program include documentation of the following:

   1. (1) Sequentially numbered screen prints of the lesson presentation.
   2. (2) The website shall provide a web link, email address and telephone number that provide support for program and course related problems and questions.

   3. (3) A printed list of all final examination questions.

      1. (A) The final examination questions shall be offered after the lesson and after:

         1. 1. At least 420 minutes have elapsed for the eight hour educational program.
         2. 2. At least 210 minutes have elapsed for the four hour educational program.
      2. (B) The final examination questions shall be randomized.
      3. (C) The final examination shall continue until the allotted time has elapsed or all questions have been answered. Students may refer back to course material and the examination may be paused.
   4. (4) The course website shall be secure and password protected.
   5. (5) A user identification and password to access the course material for department approval and periodic review.
   6. (6) The program shall comply with the established requirements of the Americans with Disabilities Act of 1990 (ADA)(42 U.S.C. Sec. 12101, et seq.), as applicable. Such consideration may include but is not limited to software written to allow or incorporate voice recognition software, captions for verbal instruction, and an ability to enlarge text size.

7. (f) The following department legal statement and disclosure shall be placed at the beginning of the course instruction for a home study and internet course:

   “California Department of Motor Vehicles Legal Notice and Disclaimer:

   The California Department of Motor Vehicles (DMV) recognizes the right of private enterprises to advertise and distribute information related to their business functions. DMV promotes the free exchange of information, ideas and opinions, except when the content may invade personal privacy, violate property rights, constitute libel, or be a violation of any applicable federal, state or local laws.

   While this lesson plan content may have been approved by DMV, the distribution, advertising, and other information provided by this vendor is not guaranteed by DMV nor does it represent the views of the department.

   You are advised that DMV, unless statutorily required, has no continuing obligation to provide information to an approved course website or printed publication.

   DMV assumes no responsibility for erroneous, incomplete, or out-of-date information. The user should contact the provider and/or DMV to ensure that the information herein is current and accurate. All warranties of any kind, including but not limited to the IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, freedom from contamination by computer viruses and non-infringement of proprietary rights ARE DISCLAIMED.

   You are advised that DMV is not responsible for the content of any off-site web pages referenced from or to an approved course website or home-study publication. In addition, DMV and the State of California are not responsible for the content of files that are uploaded for inclusion.

   The user should not rely on the presentation of statutes or regulations referenced in an approved website or printed publication, but should consult the actual text of law. Legal requirements frequently change and the user may wish to seek the advice of counsel. If you find any errors, omission or have a complaint regarding the educational content, we encourage you to report them to the education provider. In the event the issue is not resolved to your satisfaction, call the department at (916) 229-3154.”

Note: Authority cited: Sections 1651 and 11202.5, Vehicle Code. Reference: Sections 11200, 11202.5 and 11204, Vehicle Code; Americans with Disabilities Act of 1990 (42 U.S.C., Sec. 12101, et seq.).

History

1. New subject heading and section filed with OAL 8-30-2011; filed by OAL with the Secretary of State 10-7-2011; operative 9-1-2011 pursuant to Vehicle Code section 11200(c) (Register 2011, No. 40).