CALIFORNIA STATUTES AND CODES
SECTIONS 51850-51854
EDUCATION CODE
SECTION 51850-51854
51850. The governing board of a school district maintaining a high
school or high schools, a county superintendent of schools, and the
California Youth Authority and State Department of Education in
providing programs of high school education, may prescribe
regulations determining who can profit by and who shall receive
instruction in automobile driver training; provided, however, that no
pupil shall be permitted to enroll in automobile driver training
unless such pupil is presently enrolled in a course of instruction in
automobile driver education, or has satisfactorily completed such
course. The regulations shall be subject to such standards for driver
education and driver training as may be prescribed by the State
Board of Education. Where driver training is provided, such course of
instruction shall be given in one or more of the grades 9, 10, 11,
or 12. Pupils shall be at least 15 years and six months of age at the
time of completion of a driver training course.
51851. A course of instruction in automobile driver education shall
meet all of the following:
(a) Be of at least 2 1/2 semester periods and shall be taught by a
qualified instructor.
(b) Provide the opportunity for pupils to take driver education
within the regular schoolday, and within the regular academic year,
as defined in Section 37250. Additional classes may be offered at the
discretion of the local school district governing board, the county
superintendent of schools, California Youth Authority, and the State
Department of Education, to accommodate the pupils who have failed or
who cannot otherwise enroll in the regular schoolday program. For
purposes of this section, the regular schoolday shall be that time
during which classes are maintained in the courses of instruction
provided for in Chapter 1 (commencing with Section 51000), Chapter 2
(commencing with Section 51200), Article 1 (commencing with Section
51500), Article 2 (commencing with Section 51510), Article 3
(commencing with Section 51520), and Article 4 (commencing with
Section 51530) of Chapter 4, and Chapter 5.6 (commencing with Section
51930) of this part, and Chapter 2 (commencing with Section 58400)
of Part 31.
(c) Be completed by the pupil within the academic year or summer
session in which it was begun.
51852. A course of instruction in the laboratory phase of driver
education shall include, for each student enrolled in the class,
instruction under one of the following plans:
(a) Plan One. A minimum of 12 hours allocated as follows:
(1) A minimum of six hours of on-street behind-the-wheel practice
driving instruction in a dual-control automobile with a qualified
instructor.
(2) A minimum of six hours in a dual-control automobile with a
qualified instructor for the purposes of observation. Practice
driving on an off-street multiple-car driving range approved by the
department under the supervision of a qualified instructor may be
substituted for all or part of the observation time.
(b) Plan Two. A minimum of 24 hours allocated as follows:
(1) Three hours of on-street behind-the-wheel practice driving
instruction in a dual-control automobile with a qualified instructor.
(2) Six hours in a dual-control automobile with a qualified
instructor for the purposes of observation. Practice driving on an
off-street multiple-car driving range approved by the department
under the supervision of a qualified instructor may be substituted
for all or part of the observation time.
(3) Twelve hours of instruction by a qualified instructor in a
driving simulator approved by the department.
(4) At least three additional hours of instruction specified in
one or more of paragraphs 1 to 3, inclusive, of this subdivision.
(c) Plan Three. A minimum of 24 hours allocated as follows:
(1) Three hours of on-street behind-the-wheel practice driving
instruction in a dual-control automobile with a qualified instructor.
(2) Six hours in a dual-control automobile with a qualified
instructor for the purpose of observation.
(3) Twelve hours of instruction by a qualified instructor on an
off-street multiple-car driving range.
(4) At least three additional hours of instruction specified in
one or more of paragraphs 1 to 3, inclusive, of this subdivision.
(d) Plan Four. A minimum of 24 hours allocated as follows:
(1) Three hours of on-street behind-the-wheel practice driving
instruction in a dual-control automobile with a qualified instructor.
(2) Three hours in a dual-control automobile with a qualified
instructor for the purpose of observation.
(3) Eighteen hours of instruction by a qualified instructor in a
driving simulator approved by the department and on an off-street
multiple-car driving range. The governing board of the district shall
establish the proportion of time to be utilized in simulators and on
the off-street multiple-car driving range.
(e) Plan Five.
(1) Competency-based driver training which means a program in
which each student receives a minimum of three hours of on-street
behind-the-wheel practice driving instruction, a minimum of one hour
of behind-the-wheel pretesting, and a minimum of one hour of
behind-the-wheel posttesting. The pretest and posttest for public
school programs shall include basic skill evaluation by the
instructor, as adopted by the Superintendent of Public Instruction
pursuant to paragraph (2). The one hour posttest shall be conducted
by an instructor other than the instructor who conducted the three
hours of behind-the-wheel practice driving instruction or the
pretest. Each student shall receive at least one additional hour of
either behind-the-wheel practice driving instruction or observation
time.
(2) The Superintendent of Public Instruction shall adopt rules,
regulations, and basic skill requirements for public school programs
pursuant to this subdivision.
(3) Local district superintendents offering this program shall
annually report to the Superintendent of Public Instruction, on a
form developed by the State Department of Education, on student
completion of instruction pursuant to paragraph (1).
(f) For purposes of this section, one hour means 60 minutes
including passing time.
(g) Any deviation from the standard use of a simulator or
off-street multiple-car driving range, or both, shall have prior
approval by the Department of Education before the school district,
county superintendent of schools, the California Youth Authority, or
the Department of Education can be reimbursed for the students
trained.
(h) Nothing in this section shall be construed to direct or
restrict courses of instruction in the classroom phase or the
laboratory phase of driver education offered by private elementary
and secondary schools or to require the use of credentialed or
certified instructors in the laboratory phase of driver education
offered by private elementary and secondary schools, except that each
student enrolled in a course shall satisfactorily complete a minimum
of six hours of on-street behind-the-wheel driving instruction. This
section shall not be construed to limit eligibility for a
provisional driver's license for pupils who have completed driver
education or driver training courses offered in private elementary or
secondary schools.
(i) For the purposes of this section, private elementary or
secondary schools are those subject to the provisions of Sections
33190 and 48222.
(j) This section shall become operative on July 1, 2004.
51853. Any reference in this code to automobile driver training
shall be deemed to refer to the laboratory phase of driver education
described by Section 51852.
51854. (a) The State Department of Education shall adopt rules and
regulations requiring all automobile driver training vehicles to be
fitted with instrumentation providing instructional information on
fuel consumption and vehicle fuel efficiency such as fuel efficiency
meters or computerized fuel equipment.
(b) The department shall conduct workshops to provide in-service
training to automobile driver training instructors on fuel-efficient
driving which shall include, but not be limited to, all of the
following instructional techniques:
(1) Minimization of braking.
(2) Brisk acceleration to high gear.
(3) Methods to emphasize deceleration modes.
(4) Reduce idling.
(5) Methods to anticipate stops and to maintain safe distances
between vehicles.
(6) The use of momentum and gravity to save fuel.
(7) Driving at the most fuel-efficient and safe speeds.
(8) Smooth steering, turning, acceleration, and braking.
(9) The use of fuel-efficient driving instrumentation to remind
drivers of methods for fuel-efficient driving.
(c) The Superintendent of Public Instruction shall review claims
submitted by school districts for reimbursement for the costs of
fitting automobile driver training vehicles with instrumentation
providing information on fuel consumption and vehicle fuel efficiency
required by subdivision (a) and may approve claims for reimbursement
up to three hundred dollars ($300) per vehicle for the installation
of this equipment, including parts and labor. The superintendent may
approve claims for reimbursement for the transfer of equipment from
one vehicle to another at the reimbursement rates authorized for the
replacement of automobile driver training vehicles and simulators.
Allowances made to school districts under this subdivision during the
first year that the program is in operation shall be allocated by
the superintendent from the Petroleum Violation Escrow Account.
Allowances made to school districts under this subdivision in
subsequent years shall be allocated by the superintendent from the
Driver Training Penalty Assessment Fund.