Amended in Assembly April 13, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2063

Introduced by Assembly Member Gallagher

February 17, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

AB 2063, as amended, Gallagher. Work-based learning opportunities: work experience begin delete education, registered student apprentices, end delete begin insert education end insert 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 begin delete 40 end delete begin insert 25 end insert hours in begin delete 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. end delete begin insert a specified period. end insert

This bill would begin delete 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. end delete begin insert authorize work experience education credit to be granted to a pupil who is at least 14 years of age if the principal of the school in which the pupil is enrolled certifies that it is necessary for the pupil’s participation in a career technical education program, and would also authorize a pupil to participate in a job shadowing experience for up to 40 hours in a specified period if the principal of the school in which the pupil is enrolled certifies that it is necessary for the pupil’s participation in a career technical education program. end insert

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

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

SECTION 1.  

Section 51760.3 of the Education Code is
amended to read:

51760.3.  

The governing board of any school district offering
work experience education pursuant to the authority of Section
51760 shall grant credit to pupils satisfactorily completing a work
experience education program, in an amount not to exceed a total
of 40 semester credits, of which no more than 10 credits may be
conferred in any one semester, provided the pupil meets all of the
following requirements:

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

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

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

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

begin insert

(4) The pupil is at least 14 years of age and the principal in the
school in which the pupil is enrolled certifies that it is necessary
for the pupil’s participation in a career technical education
program.

end insert begin delete

(4)

end delete

begin insert (5) end insert  The pupil’s individualized education program, adopted
pursuant to the requirements of Part 30 (commencing with Section
56000), prescribes the type of training for which participation in
a work experience program is deemed appropriate.

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

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

SEC. 2.  

Section 51769 of the Education Code is amended to
read:

51769.  

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

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

begin insert

(c) Notwithstanding subdivision (b), a pupil may participate in
a job shadowing experience for up to 40 hours in one semester,
intersession, or summer school session if the principal of the school
in which the pupil is enrolled certifies that it is necessary for the
pupil’s participation in a career technical education program.

end insert

begin delete

SEC. 3.  

Section 3368 of the Labor Code is amended to read:

3368.  

Notwithstanding any provision of this code or the
Education Code to the contrary, the school district, county
superintendent of schools, or any school administered by the State
Department of Education under whose supervision work experience
education, cooperative vocational education, or community
classrooms, as defined by regulations adopted by the
Superintendent of Public Instruction, or student apprenticeship
programs registered by the Division of Apprenticeship Standards
for registered student apprentices, are provided, shall be considered
the employer under Division 4 (commencing with Section 3200)
of persons receiving this training unless the persons during the
training are being paid a cash wage or salary by a private employer.
However, in the case of students being paid a cash wage or salary
by a private employer in supervised work experience education or
cooperative vocational education, or in the case of registered
student apprentices, the school district, county superintendent of
schools, or any school administered by the State Department of
Education may elect to provide workers’ compensation coverage,
unless the person or firm under whom the persons are receiving
work experience or occupational training elects to provide workers’
compensation coverage. If the school district or other educational
agency elects to provide workers’ compensation coverage for
students being paid a cash wage or salary by a private employer
in supervised work experience education or cooperative vocational
education, it may only be for a transitional period not to exceed
three months. A registered student apprentice is a registered
apprentice who is (1) at least 14 years of age, (2) a full-time high
school student in the 9th, 10th, 11th, or 12th grade, and (3) in an
apprenticeship program for registered student apprentices registered
with the Division of Apprenticeship Standards. An apprentice,
while attending related and supplemental instruction classes, shall
be considered to be in the employ of the apprentice’s employer
and not subject to this section, unless the apprentice is unemployed.
Whenever this work experience education, cooperative vocational
education, community classroom education, or student
apprenticeship program registered by the Division of
Apprenticeship Standards for registered student apprentices, is
under the supervision of a regional occupational center or program
operated by two or more school districts pursuant to Section 52301
of the Education Code, the district of residence of the persons
receiving the training shall be deemed the employer for the
purposes of this section.

end delete