Form DL396 instructions

Background: This instruction sheet was written in order to inform private school administrators of their rights, and responsibilities of teaching their students Driver’s Education and Driver’s Training in the State of California. This form can be completed at any time during the school year. Some families suggest that we complete the form at the same time that we file our Private School Affidavit (PSA) for the year.

Private schools are authorized in the State of California to offer both Driver’s Education and Driver’s Training classes to their students as a part of their core curriculum. However, they are not required to do so. See the “Law Pertaining to DE” file for the code sections quoted from the California Law for further information. The laws will be briefly defined here as an explanation to the completion of the form.

Terminology: For the purposes of a private home school, the following terminology will be used.

The administrator is usually Dad, or Mom; whichever person signed the PSA form as the person in charge of the school. The PSA allows many different titles to be used, including Administrator, or Principal.

The instructor will be the other parent, generally. It is best to have both parents listed in their proper capacities on the form completed with the DMV. This gives both the ability to sign the forms that your student will need to get their permit and license.

It is best to remember the terminology that is used by the government when you are dealing with them. To them it doesn’t matter that the student is your child, they only care about the student.

GENERAL INFORMATION: all pages sent to the DMV should have your school name and K# listed on it. It would probably be best to put it in bold on the bottom or top of the page. For first year filers, you will not have a K#, so be sure that all of your papers have your school name clearly printed on the top or bottom. In any place where they ask for a signature, you should also put the name, printed out, either below or beside the signature. It is not required on the form anywhere, but I have had my copy returned for a printed name next to a signature. This is recommended for all forms that go to the DMV.

DL396B ~ Private Secondary Non-Classroom Driver Education Curriculum Certification
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DL-803 must be returned each year after your first year. This form documents the issuance of all registered forms controlled by the DMV. You do not need to file it the first year, since you have no registered forms from the DMV to document.
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A cover letter, written on your school letterhead clarifying your school position and compliance with the state law. A copy of sample cover letter is included at the end of this instruction paper.

Name of School ~ put the legal name of the school, as it is written on your PSA
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CDS Code ~ you will only have a CDS code if you registered your school sometime in the 1980’s or if you have more than six students listed on your PSA. Otherwise the CDE has not issued you a school code. HOWEVER, you must have something in this box, or your application will be incomplete, so put “Not Issued by CDE” or “N/A” in this space.
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School ID Number ~ This is the number issued by the DMV when you apply for the first time for forms. If you are a new filer, then put “not yet issued by DMV” in the box (or outside of the box, since it is a very small box). In subsequent years, you will have an identification number that will begin with a “K”. That number will go in the box.
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Address Boxes ~ There are two of them, one for a mailing address, and an additional box for the physical location of the school. You must enter both if the mailing address is different from the physical address. The information that you request from the DMV will come by common courier, and you will be required to sign for it. It will not be delivered to a post box.
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Form receipt dates ~ You must put a date and time frame where you can receive the forms that the DMV is going to deliver to you. If you know of an obvious time where you cannot be at your physical school address, then make sure that you account for it on the form. You will have to sign for the forms and the carrier won’t leave them if you do not sign for them. In most cases, the forms are going to be delivered about four weeks after you send your application into the DMV.

Section 2: a private school that is teaching high school students will check the first, third and fourth box in this section. Refer to the education code sheet listed above for the code sections.

Section 3: There can be several ways to complete this section, depending upon which type of school you have.

Everyone should check the first box. All private schools are defined by DMV code section 492 for their use.
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The second box may or may not be checked. I have never checked this box, since I have always had primary school students as part of my school count when I file my PSA. If you only have high school students, then you may check this box. If you have primary as well as secondary students, then you will leave this box blank. This box should reflect your PSA filing.
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The third box will be checked, and you will include a copy of your PSA with this form.
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The fourth box is checked. Refer to the code sections for reference. You are basically required to teach a course similar to that of the state required course for public schools.
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You should leave the fifth box blank. This is for internet or distance learning schools, usually who offer their DE/DT courses for a fee. You do not qualify, nor will you probably meet the qualifications for this type of school. These schools are required to have their curricula approved by the DMV for use.

Section 4: This is the section where you tell the DMV exactly how many students you will be teaching this year for each section of the course. You will not put any number in the second box (non-classroom). This is for the internet based schools.

If you will teach your students the classroom portion only this school year, and the Training portion next school year, then you will complete the form to reflect that timetable. You would mark the number of students in the classroom portion of first box, and then the total in the last box. Generally, if you are going to take your students through both classes in one school year, then you would put the number of students expected to complete the class in the fourth box “Both Driver Education and Driver Training”, and then put the same number in the total box.

Generally, for all of my students, I have listed them as taking both courses during the same year. But they took the course in the spring when they were fifteen, and got their permit during the summer months when they turned 15 1/2, before I completed the PSA in October of the next school year. If you check that they only are taking the Driver Education part of the class, then you will only be able to request those materials and will not have the proper DT forms if you decide to allow your student to be permitted during the summer school period. I believe that it is best to request that both parts of the class will be taken by the student during the school year.

IF your student cannot be permitted legally (age 15 1/5) during that school year – including the summer school session, then you will have to wait until the next school year to register them in the DT portion of the class. A student must be 15 1/5 to take a driver’s exam at the DMV and cannot enroll in driver’s training until they have obtained their permit.

Section 5: This section is crucial. If it is not done correctly, then the form will be rejected. In the “Instructor” section, you will list the full legal name of the teachers who will be teaching your student DE and DT. I always list the name of the teacher and the administrator that is listed on my PSA for this section. So, I have two names, mine and my husband’s. In the credential section you will put “N/A” for each instructor. In the “Criminal Record Summary” Box, you will also put “N/A”. Then you must include the following paragraph in the cover letter that you send to the DMV along with this form. It will explain why you are not giving the DMV the information that they are requesting.

“Our school is in compliance with all requirements relating to California teaching credentials and criminal record summaries as outlined in the State of California Educational Code, section numbers 33190, 33191, and 44237. However, private schools are prohibited by law from releasing information to any person or agency relating to the criminal record of any employee. Compliance with these educational codes is reflected in our completion of section 5 of the request form.

Here is the explanation for this paragraph: In this section, the DMV wants to know the names and eligibility of the teachers who will be instructing your students. All public school teachers must be certified, and fingerprinted. Private school teachers are not required to be fingerprinted, or certified; therefore your teachers are in compliance with private school law if they are not. Private schools are also not allowed to give or share the information about their employees to any agency, so, even if they had all of the information that the DMV wanted, your private school wouldn’t be allowed to divulge that information to them.

Section 6: Be sure to sign and date and complete the position of the person who signs this form. ALSO be sure to print the name of the person signing the form, either off to the side, or below the signature. This should be signed by the administrator of your PSA, as listed on your PSA filing.

We intend to offer driver education and driver training as part of our curriculum this school year as allowed by the Department of Education codes.

Attached are the completed, original copies of the driver education/training materials request forms and a copy of our school R-4 form as filed with the State Dept. of Education. Our private school affidavit has been filed online and the copy attached includes an online confirmation number showing receipt by the State Dept. of Education.

Our school is in compliance with all requirements relating to California teaching credentials and criminal record summaries as outlined in the State of California Educational Code, section numbers 33190, 33191, and 44237. However, private schools are prohibited by law from releasing information to any person or agency relating to the criminal record of any employee. Compliance with these educational codes is reflected in our completion of section 5 of the request form.

Many thanks to Cindae Hull for all of her work putting this information together for us!