2005 California Education Code Sections 51760-51769.5 Article 7. Work Experience Education

EDUCATION CODE
SECTION 51760-51769.5

51760.  The governing board of any district maintaining a high
school may:
   (a) Provide for the instruction of pupils in the skills,
attitudes, and understandings necessary to success in employment by
means of courses of work experience education as provided in this
article.
   (b) Provide for guidance and supervision procedures designed to
insure maximum educational benefit to students from placement in
suitable work experience education courses.
   (c) Provide for arranging, approving, coordinating, and awarding
credit for work experience education courses, and for those purposes
employ instructors, coordinators, and other necessary personnel.
   (d) Provide for the district to purchase liability insurance for
students enrolled in programs of study involving work experience or
vocational education at locations off school grounds approved by the
governing board, or require students to purchase insurance and to
pass on all or a portion of the costs, at the discretion of the
governing board, to the district.
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 16 years of
age.  Pupils under the age of 16 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.
   (4) 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.
51760.5.  Notwithstanding Section 51760, attendance in work
experience classes or programs maintained by a regional occupational
center or regional occupational program shall not receive
apportionments from state funds based on average daily attendance
unless such classes or programs are in conformance with standards
adopted pursuant to Section 52372.
   A student enrolled in a vocational education class using the
cooperative vocational education methodology conducted by a regional
occupational center or program shall not be credited with more than
15 hours of attendance in any calendar week for purposes of the
methodology.
51762.  The Department of Education shall adopt any rules and
regulations necessary to implement the standards set by the
Superintendent of Public Instruction, in order to maintain the
educational purpose and character of work experience education.
51762.5.  The Superintendent of Public Instruction shall adopt
standards for district plans required by subdivision (b) of Section
46300.  The adopted standards shall include, but shall not
necessarily be limited to, all of the following:
   (a) Selection and approval of work stations.
   (b) Classroom instruction.
   (c) Supervision of pupils.
   (d) Formal training agreements.
   (e) Paid and unpaid on-the-job work experience programs.
   (f) Academic credit for participation in work experience education
programs.
51763.  All laws or rules applicable to minors in employment
relationships are applicable to students enrolled in work experience
education courses.
51764.  Work experience education as authorized by this article
includes the employment of pupils in part-time jobs selected or
approved as having educational value for the students employed
therein and coordinated by school employees.
51765.  The governing board of any school district which establishes
and supervises a work experience education program in which mentally
retarded pupils are employed in part-time jobs may use funds derived
from any source, to the extent permissible by appropriate law or
regulation, to pay the wages of pupils so employed.
   The Legislature hereby finds and declares that the authority
granted by the provisions of this section is necessary to ensure that
the work experience education program will continue to provide
maximum educational benefit to students, particularly mentally
retarded pupils, and that such program is deemed to serve a public
purpose.
51766.  Work experience education involving apprenticeable
occupations shall be consistent with the purposes of Chapter 4
(commencing with Section 3070), Division 3 of the Labor Code and with
standards established by the California Apprenticeship Council.
51767.  The governing board of any school district which maintains
one or more high schools may provide for the establishment and
supervision of work experience education programs in areas outside
the district, either within this state or in a contiguous state.
51768.  The governing board of any school district providing work
experience and work study education may provide for employment under
the program of pupils in part-time jobs located in areas outside the
district, either within this state or in a contiguous state, and the
employment may be by any public or private employer.  The districts
may pay wages to persons receiving the training whether assigned
within or without the district and may provide workers' compensation
insurance as may be necessary, but no payments may be made to or for
private employers.  However, wages to individuals with exceptional
needs, as defined in Section 56026, may be paid to or for private
employers as part of work experience programs funded through the
annual Budget Act for these individuals.
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 of Public Instruction,
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 16 years of age, (2) a full-time high school student in the
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 25 hours in one semester,
intersession, or summer school session.
51769.5.  Sections 1292, 1293, and 1294 of the Labor Code shall not
apply to work experience education programs established pursuant to
this article if all of the following occur:
   (a) The work experience coordinator determines that the students
have been sufficiently trained in the employment or work otherwise
prohibited.
   (b) Parental approval is obtained.
   (c) The principal or the counselor of the student has determined
that the progress of the student toward graduation will not be
impaired.


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