Cal. Code Regs. tit. 9 § 7212.1

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 7212.1 - Vendor Training Program

(a) The Vendor Training Program may be conducted when at least five individuals have been approved to enter and participate in the Vendor Training Program by meeting requirements established in Section 7212 of these regulations. However, the BEP Manager may approve the training for fewer than five individuals. The maximum size of the training class shall be determined by the Business Enterprises Program for the Blind, hereafter BEP, based on the staffing available to effectively provide the training, after consultation with the California Vendors Policy Committee, hereafter CVPC. Before training commences, the Rehabilitation Counselor for the Blind shall forward documentation to the Training Instructor regarding the Client-Trainee's qualifications to participate in the BEP training program as provided for in Section 7212(a) of these regulations.

(b) The Vendor Training Program shall include a training syllabus developed by the BEP that sets out the required courses and performance standards that Client-Trainees are expected to maintain. The training syllabus, schedule, curriculum, and vendor training evaluation process shall be made available to the CVPC or any vendor upon request.

(c) The training curriculum shall include, at a minimum:

(1) Classroom training including, but not limited to, subjects such as: federal law (20 USC section 107 et seq.); federal regulations (34 CFR Part 395); state law (Welfare and Institutions Code section 19625 et seq.); state regulations (California Code of Regulations (CCR), Title 9, Section 7210 et seq.); and applicable California Health and Safety Code requirements and certifications. This training shall include homework, tests, and evaluations, as determined by the Training Instructor.

(2) On-the-Job Training at two or more BEP vending facilities.

(3) Additional training to enhance knowledge in specific subject areas, which may be provided through classroom and on-the-job training, if required by the Training Instructor.

(d) The training syllabus, performance standards, and methods of testing and scoring established by the BEP shall be reviewed every two years, at a minimum, by BEP management with the active participation of the CVPC.

(e) The duration of training specified in subsection (c) herein shall be determined by the BEP.

(f) To successfully pass the training specified in subsection (c) herein, Client-Trainees shall be required to average 70 percent on all required tests developed by the BEP. On a test for certification by a food service organization or association, a Client-Trainee shall be required to achieve the score established by the food service organization or association for certification. A midterm test shall be given to Client-Trainees following the basic classroom training component. Client-Trainees must have a minimum score of 70 percent to continue the training. Failure to achieve this score shall constitute sufficient cause to remove the Client-Trainee from the Vendor Training Program and refer the Client-Trainee back to his or her Rehabilitation Counselor for the Blind, who shall take one of the following actions:

(1) Work with the applicant to establish a plan, including classes, training, or business or work experience, which would increase the applicant's ability to successfully complete the Vendor Training Program; or

(2) Re-evaluate the applicant's choice of an employment outcome as a BEP vendor.

(g) A Client-Trainee shall complete all of the training components at the performance levels specified in subsection (h) herein before he or she successfully completes the Vendor Training Program and may be certified by the Training Instructor and licensed by the Department to operate a vending facility. Performance levels are measured using the DR 445, Client-Trainee Training Evaluation (Rev. 07/07), incorporated by reference herein, using the DR 445A, Client-Trainee Training Evaluation Instructions (Rev. 07/07), incorporated by reference herein. The DR 445, Client-Trainee Training Evaluation (Rev. 07/07) measures 10 areas of performance, has a possible total score of 10 points, and is rated and scored as follows:

(1) Standard = Fully meets expected standards. Each standard rating is scored as one (1) point.

(2) Below Standard = Fails to meet expected standards. Each below standard rating scores zero (0) points. Any rating of Below Standard must be fully explained by the Vendor Trainer on the DR 445, Client-Trainee Training Evaluation (Rev. 07/07), including specific examples to support the rating.

(h) To meet the requirements of (g) of this section, the Client-Trainee must achieve performance levels as follows:

(1) For the classroom component of training, a score 70 percent on Part II of the DR 445, Client-Trainee Training Evaluation (Rev 07/07).

(2) For the on-the-job component of training, a score of 70 percent on Part I of the DR 445, Client-Trainee Training Evaluation (Rev. 07/07).

(A) The Training Instructor shall take remedial action if a Client-Trainee scores four or more Below Standard ratings on any one DR 445, Client-Trainee Training Evaluation (Rev. 07/07). Remedial action may include placing the Client-Trainee on probation or removing the Client-Trainee from the Vendor Training Program.

(i) The Training Instructor shall complete a DR 454, Client-Trainee Final Appraisal (Rev. 07/07) to determine a Client-Trainee's final grade. The Client-Trainee must score at least 70 points on the DR 454, Client-Trainee Final Appraisal (Rev. 07/07) to be licensed. When a Client-Trainee scores at least 70 points on the DR 454, Client-Trainee Final Appraisal (Rev. 07/07), the Training Instructor also shall complete a DR 456, Certification of Eligibility for BEP License (Rev. 07/07), incorporated by reference herein; and a DR 468, Vending Facility License (Rev. 07/07), incorporated by reference herein, which shall be sent to the Client-Trainee within 30 working days of the completion of training.

(j) The BEP shall provide the Rehabilitation Counselor for the Blind with a copy of the forms specified in subsection (i) herein, for insertion into the Client-Trainee's vendor file.

(k) An applicant who has experience operating a blind vendor facility in another state, or who has prior experience in the food service business, may not challenge the requirement to complete the Vendor Training Program required by this section.

Cal. Code Regs. Tit. 9, § 7212.1

1. New section filed 6-26-2009; operative upon approval of the Secretary of the United States Department of Education in accordance with title 34 of the Code of Federal Regulations section 395.4(a) (Register 2009, No. 26).
2. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39).

Note: Authority cited: 20 USC Section 107b(5); 34 CFR Section 395.4; and Sections 19006, 19016, 19632 and 19639, Welfare and Institutions Code. Reference: 20 USC Sections 107b-1(3) and 107d-4; 34 CFR Sections 361.47, 395.1(i), 395.3(a)(4) and (8), 395.11 and 395.14(b); and Sections 19011, 19632 and 19638, Welfare and Institutions Code.