California Legislature—2015–16 Regular Session

Assembly BillNo. 2063


Introduced by Assembly Member Gallagher

February 17, 2016


An act to amend Sections 51760.3 and 51769 of the Education Code, and to amend Section 3368 of the Labor Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

AB 2063, as introduced, Gallagher. Work-based learning opportunities: work experience education, registered student apprentices, and job shadowing.

Existing law authorizes a school district to offer work experience education, and requires a pupil to be at least 16 years of age to receive credit for completing a work experience education program, except under specified circumstances. Existing law specifies that a pupil may participate in a job shadowing experience for a maximum of 40 hours in one semester. Existing law requires a pupil to be at least 16 years of age and in 10th, 11th, or 12th grade in order to receive credit for participation in a student apprenticeship program.

This bill would lower the minimum age for participation in work experience education from 16 to 14 years of age, except under specified circumstances. The bill would lower the minimum age to receive credit for participation in a student apprenticeship program as a registered student apprentice from 16 to 14 years of age, and would authorize pupils in 9th grade to participate in a student apprenticeship program. The bill would increase the number of hours a pupil is authorized to participate in a job shadowing experience from 25 hours to 40 hours per semester.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 51760.3 of the Education Code is
2amended to read:

3

51760.3.  

The governing board of any school district offering
4work experience education pursuant to the authority of Section
551760 shall grant credit to pupils satisfactorily completing a work
6experience education program, in an amount not to exceed a total
7of 40 semester credits, of which no more than 10 credits may be
8conferred in any one semester, provided the pupil meets all of the
9following requirements:

10(a) At the time of enrollment, the pupil is at leastbegin delete 16end deletebegin insert 14end insert years
11of age. Pupils under the age ofbegin delete 16end deletebegin insert 14end insert years may receive credit for
12work experience education under the following conditions:

13(1) The pupil is enrolled in grade 11 or a higher grade.

14(2) The principal of the school in which the pupil is enrolled
15certifies that the pupil is in need of immediate work experience
16education in order to pursue employment opportunities.

17(3) The principal of the school in which the pupil is enrolled
18certifies that there is a probability that the pupil will no longer be
19enrolled as a full-time pupil without being provided the opportunity
20to enroll in a work experience education program.

21(4) The pupil’s individualized educationbegin delete programend deletebegin insert program,end insert
22 adopted pursuant to the requirements of Part 30 (commencing with
23Section 56000), prescribes the type of training for which
24participation in a work experience program is deemed appropriate.

25(b)  During the course of the pupil’s enrollment in the program,
26the pupil receives as a minimum the equivalent of one instructional
27period per week of classroom instruction or counseling by a
28certificated employee. The instruction or counseling shall be
29offered in sessions scheduled intermittently throughout the
30semester.

31(c) The work experience education program meets all of the
32requirements of law governing these programs.

33

SEC. 2.  

Section 51769 of the Education Code is amended to
34read:

P3    1

51769.  

(a) Notwithstanding any provision of this code or the
2Labor Code to the contrary, the school district, county
3superintendent of schools, or any school administered by the State
4Department of Education, under whose supervision work
5experience education, cooperative vocational education, or
6community classrooms, as defined by regulations adopted by the
7begin delete Superintendent of Public Instruction,end deletebegin insert Superintendent,end insert or a job
8shadowing experience, as defined in subdivision (b), or student
9apprenticeship programs registered by the Division of
10Apprenticeship Standards of the Department of Industrial Relations
11for registered student apprentices, are provided, shall be considered
12the employer under Division 4 (commencing with Section 3200)
13of the Labor Code of persons receiving this training unless the
14persons during the training are being paid a cash wage or salary
15by a private employer, except in the case of registered student
16apprentices, when the school district, county superintendent of
17schools, or any school administered by the State Department of
18Education elects to provide workers’ compensation insurance, or
19unless the person or firm under whom the persons are receiving
20work experience or occupational training elects to provide workers’
21compensation insurance. A registered student apprentice is a
22registered apprentice who is (1) at leastbegin delete 16end deletebegin insert 14end insert years of age, (2) a
23full-time high schoolbegin delete studentend deletebegin insert pupilend insert in thebegin insert 9th,end insert 10th, 11th, or 12th
24grade, and (3) in an apprenticeship program for registered student
25apprentices registered with the Division of Apprenticeship
26Standards. An apprentice, while attending related and supplemental
27instruction classes, shall be considered to be in the employ of the
28apprentice’s employer and not subject to this section, unless the
29apprentice is unemployed. Whenever this work experience
30education, cooperative vocational education, community classroom
31education, or job shadowing, or student apprenticeship program
32registered by the Division of Apprenticeship Standards for
33registered student apprentices, is under the supervision of a regional
34occupational center or program operated by two or more school
35districts pursuant to Section 52301, the district of residence of the
36persons receiving the training shall be deemed the employer for
37 the purposes of this section.

38(b) For purposes of this section, “job shadowing experience”
39means a visit to a workplace for the purpose of career exploration
P4    1for no less than three hours and no more thanbegin delete 25end deletebegin insert 40end insert hours in one
2semester, intersession, or summer school session.

3

SEC. 3.  

Section 3368 of the Labor Code is amended to read:

4

3368.  

Notwithstanding any provision of this code or the
5Education Code to the contrary, the school district, county
6superintendent of schools, or any school administered by the State
7Department of Education under whose supervision work experience
8education, cooperative vocational education, or community
9classrooms, as defined by regulations adopted by the
10Superintendent of Public Instruction, or student apprenticeship
11programs registered by the Division of Apprenticeship Standards
12for registered student apprentices, are provided, shall be considered
13the employer under Division 4 (commencing with Section 3200)
14of persons receiving this training unless the persons during the
15training are being paid a cash wage or salary by a private employer.
16However, in the case of students being paid a cash wage or salary
17by a private employer in supervised work experience education or
18cooperative vocational education, or in the case of registered
19student apprentices, the school district, county superintendent of
20schools, or any school administered by the State Department of
21Education may elect to provide workers’ compensation coverage,
22unless the person or firm under whom the persons are receiving
23work experience or occupational training elects to provide workers’
24compensation coverage. If the school district or other educational
25agency elects to provide workers’ compensation coverage for
26students being paid a cash wage or salary by a private employer
27in supervised work experience education or cooperative vocational
28education, it may only be for a transitional period not to exceed
29three months. A registered student apprentice is a registered
30apprentice who is (1) at leastbegin delete 16end deletebegin insert 14end insert years of age, (2) a full-time
31high school student in thebegin insert 9th,end insert 10th, 11th, or 12th grade, and (3)
32in an apprenticeship program for registered student apprentices
33registered with the Division of Apprenticeship Standards. An
34apprentice, while attending related and supplemental instruction
35classes, shall be considered to be in the employ of the apprentice’s
36employer and not subject to this section, unless the apprentice is
37unemployed. Whenever this work experience education,
38cooperative vocational education, community classroom education,
39or student apprenticeship program registered by the Division of
40Apprenticeship Standards for registered student apprentices, is
P5    1under the supervision of a regional occupational center or program
2operated by two or more school districts pursuant to Section 52301
3of the Education Code, the district of residence of the persons
4receiving the training shall be deemed the employer for the
5purposes of this section.



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