Article 3. Industry Internship And Apprenticeship Programs of California Education Code >> Division 7. >> Title 3. >> Part 48. >> Chapter 9. >> Article 3.
The Legislature hereby finds and declares as follows:
(a) A consensus exists among employment training professionals,
economists, and industry experts concerning the serious mismatch that
has developed between labor force skills and the needs of employers.
(b) Workplace skills training is most effective within a real
workplace environment.
(c) Private sector industry internships and apprenticeship models
successfully focus employment training on a specific job or set of
skills, thereby meeting the precise needs of the labor market.
(d) Many high-growth industries, such as new media and
biotechnology, are particularly suited to worksite-based learning
because skills required by those industries involve the use of costly
equipment and require continual upgrading.
For the purposes of this article, the following definitions
shall apply:
(a) "Apprenticeship program standards" means the written document
containing, among other things, all the terms and conditions for the
qualification, recruitment, selection, employment and training,
working conditions, wages, employee benefits, and other compensation
for apprentices and all other provisions and statements, including
attachments, as required by the Labor Code and by Chapter 2
(commencing with Section 200) of Title 8 of the California Code of
Regulations, which, when approved by the Chief of the Division of
Apprenticeship Standards of the Department of Industrial Relations,
shall constitute registration of these standards and authority to
conduct that program of apprenticeship in this state.
(b) "Apprenticeship training program" means a comprehensive plan
containing, among other things, apprenticeship program standards,
program regulations, related and supplemental instruction course
outlines, and policy statements for the effective administration of
that apprenticeship training program, in accordance with Chapter 2
(commencing with Section 200) of Title 8 of the California Code of
Regulations.
(c) "Internship training program" means a planned series of
educational training activities, paid or unpaid, in a specific or
general occupational field.
To the extent sufficient resources exist, the board of
governors may establish internship training programs and actively
support apprenticeship training programs in collaboration with the
Division of Apprenticeship Standards of the Department of Industrial
Relations. The board of governors may establish internship training
programs pursuant to this section for only those occupations not
covered by an apprenticeship training program approved by the
Division of Apprenticeship Standards of the Department of Industrial
Relations before January 1, 1998.
To the extent that sufficient federal funds and other
resources are available, the Division of Apprenticeship Standards of
the Department of Industrial Relations, in partnership with the
California Community Colleges Chancellor's Office, shall develop and
implement innovative apprenticeship training demonstration projects
in high-growth industries in emerging and transitioning occupations
that meet local labor market needs and that are validated by current
labor market data.
(a) The Chancellor of the California Community Colleges
shall be responsible for allocating funds for apprenticeship programs
in good standing and approved pursuant to Chapter 4 (commencing with
Section 3070) of Division 3 of the Labor Code for the community
colleges.
(b) Upon appropriation by the Legislature, the Chancellor of the
California Community Colleges shall allocate funds solely for the
purposes of reimbursing community colleges pursuant to Section
79149.3.
Attendance of apprentices enrolled in any class maintained
by a community college, pursuant to Section 3074 of the Labor Code,
shall be reimbursed pursuant to Section 79149.3 only if reported
separately to the Chancellor of the California Community Colleges.
Attendance reported pursuant to this section shall be used only for
purposes of calculating allowances pursuant to Section 79149.3.
(a) An apprentice attending community college in classes
of related and supplemental instruction as provided pursuant to
Section 3074 of the Labor Code and in accordance with subdivision (d)
of Section 3078 of the Labor Code shall be exempt from the
requirements of any interdistrict attendance agreement for those
classes.
(b) A community college shall be exempt from Section 55301 of
Title 5 of the California Code of Regulations when establishing an
apprenticeship course or program outside the territory of its
community college district for nonresidents of that district when the
participants in the class are indentured apprentices and the
apprenticeship course or program is approved by the Division of
Apprenticeship Standards of the Department of Industrial Relations.
(a) The reimbursement rate shall be established in the
annual Budget Act and the rate shall be commonly applied to all
providers of instruction specified in subdivision (d).
(b) For purposes of this section, each hour of teaching time may
include up to 10 minutes of passing time and breaks.
(c) This section also applies to isolated apprentices, as defined
in Section 3074 of the Labor Code, for which alternative methods of
instruction are provided.
(d) The Chancellor of the California Community Colleges shall make
the reimbursements specified in this section for teaching time
provided by community colleges.
(e) The hours for related and supplemental instruction derived
from funds appropriated pursuant to subdivision (b) of Section 79149
shall be allocated by the Chancellor of the California Community
Colleges directly to participating community colleges that contract
with apprenticeship programs pursuant to subdivision (f).
(f) Reimbursements may be made under this section for related and
supplemental instruction provided to indentured apprentices only if
the instruction is provided by a program approved by the Division of
Apprenticeship Standards of the Department of Industrial Relations in
accordance with Chapter 4 (commencing with Section 3070) of Division
3 of the Labor Code.
(g) The initial allocation of hours for related and supplemental
instruction pursuant to subdivision (e) at the beginning of any
fiscal year when multiplied by the hourly rate established in the
Budget Act for that year shall equal 100 percent of total
appropriation for apprenticeships. The Chancellor of the California
Community Colleges shall notify participating community colleges of
the initial allocation within 30 days of the enactment of the annual
Budget Act.
(h) If funds remain from the appropriation pursuant to subdivision
(b) of Section 79149, the Chancellor of the California Community
Colleges shall reimburse community colleges for unfunded related and
supplemental instruction hours from any of the three previous fiscal
years, in the following order:
(1) Reported related and supplemental instruction hours as
described in subdivision (b) of Section 79149.5 that were paid at a
rate less than the hourly rate specified in the Budget Act.
(2) Reported related and supplemental instruction hours that were
not reimbursed.
(i) The Chancellor of the California Community Colleges shall
report to the California Apprenticeship Council within 30 days of
each apportionment period the following information for each
participating community college:
(1) The number of related and supplemental instruction hours
allocated to the community college.
(2) The number of related and supplemental instruction hours
reported by the community college.
(3) At the final or recalculation apportionment, the hourly rate
paid for related and supplemental instruction hours reported above
the community college's initial allocation of hours for related and
supplemental instruction.
For purposes of the California Firefighter Joint
Apprenticeship Program, a class of related and supplemental
instruction that qualifies for funding pursuant to Section 79149.3
includes, but is not necessarily limited to, a class that meets both
of the following requirements:
(a) The class is conducted at the workplace.
(b) The person providing instruction is qualified, by means of
education or experience, as a journeyman and shares the
responsibility for supervision of the apprentices participating in
the classes with the certified community college or adult education
coordinator.
(a) The Chancellor of the California Community Colleges,
in consultation with the Division of Apprenticeship Standards of the
Department of Industrial Relations and the Superintendent, shall
annually review the amount of state funding necessary to provide the
reimbursements specified in Section 79149.3, and shall include an
estimate of required funds in its budget for each fiscal year.
(b) If the amounts appropriated in any fiscal year are
insufficient to provide full reimbursement, the hourly rate specified
in Section 79149 shall be reduced on a pro rata basis only for
reported hours that are in excess of the number of hours allocated at
the beginning of the fiscal year so that the entire appropriation is
allocated.
(c) If the amount appropriated is in excess of the amounts needed
for full reimbursement pursuant to subdivision (h) of section
79149.3, any excess shall be allocated to community college districts
to be used for the purpose of the state general apportionment.
(a) The Chancellor of the California Community Colleges
and the Division of Apprenticeship Standards of the Department of
Industrial Relations, in consultation with the Superintendent, shall
jointly develop a model format for agreements between apprenticeship
programs and community colleges for instruction pursuant to Section
3074 of the Labor Code.
(b) By March 14, 2014, the Chancellor of the California Community
Colleges and the Division of Apprenticeship Standards of the
Department of Industrial Relations, with equal participation by local
educational agencies and community college apprenticeship
administrators, shall develop common administrative practices and
treatment of costs and services, as well as other policies related to
apprenticeship programs. Any policies developed pursuant to this
subdivision shall become operative upon approval by the California
Apprenticeship Council.