Section 49110 Of Article 2. Permits To Work From California Education Code >> Division 4. >> Title 2. >> Part 27. >> Chapter 7. >> Article 2.
49110
. (a) It is the intent of the Legislature that school
district, charter school, and private school personnel responsible
for issuing work permits to pupils have a working knowledge of
California labor laws as they relate to minors and be trained to
provide pupils with practical personal guidance in career education.
(b) Any of the following individuals may issue a work permit to a
minor subject to the requirements and conditions of this chapter:
(1) The superintendent of a school district in which the minor
resides.
(2) The chief executive officer, or the equivalent position, of a
charter school that the minor attends.
(3) A person holding a services credential with a specialization
in pupil personnel services authorized by the superintendent of the
school district or chief executive officer in writing, or a
certificated work experience education teacher or coordinator
authorized by the superintendent of the school district or chief
executive officer in writing.
(4) If the minor resides in a portion of a county not under the
jurisdiction of the superintendent of a school district and does not
attend a charter school, the county superintendent of schools, a
person holding a services credential with a specialization in pupil
personnel services authorized by the county superintendent of schools
in writing, or a certificated work experience education teacher or
coordinator authorized by the county superintendent of schools in
writing may issue a work permit.
(5) Subject to the requirements and conditions in subparagraphs
(A) to (C), inclusive, the principal of a public or private school
may issue, or designate another administrator in the school to issue,
work permits to pupils who attend the school. If the principal of a
public or private school chooses not to issue work permits pursuant
to this paragraph, work permits may be issued to pupils attending
that school pursuant to paragraph (1), (3), or (4) or Section
49110.1.
(A) A principal who issues a work permit pursuant to this
paragraph shall provide a self-certification that he or she
understands the requirements in existing law for issuing a work
permit. The principal shall submit a copy of each work permit he or
she issues along with a copy of the application for each work permit
to the superintendent of the school district in which the school is
located.
(B) The superintendent of a school district may revoke a work
permit issued by the principal of a public or private school located
within the district if the superintendent becomes aware of any
grounds upon which the pupil may be deemed ineligible for a work
permit under existing law.
(C) An individual with authority to issue a work permit pursuant
to this subdivision shall not issue a work permit to his or her own
child.
(c) A work permit shall not be issued until the written request
for the permit from the parent, guardian, foster parent, caregiver
with whom the minor resides, or residential shelter services
provider, has been filed with the issuing authority. "Residential
shelter services" refers to residential and other support services
provided to minors by a governmental agency, a person or agency under
contract with a governmental agency to provide these services, an
agency receiving funding from community funds, or a licensed
community care facility or crisis resolution center on a temporary or
emergency basis in a facility that services only minors.
(d) If the certificated person designated to issue work permits by
the superintendent of a school district or the chief executive
officer, or the equivalent position, of a charter school is not
available, and delay in issuing a permit would jeopardize the ability
of a pupil to secure work, another person authorized by the
superintendent of the school district or the chief executive officer,
or the equivalent position, of a charter school may issue the work
permit.
(e) If a school district or charter school does not employ or
contract with a person holding a services credential with a
specialization in pupil personnel services or with a certificated
work experience education teacher or coordinator, the superintendent
of the school district or the chief executive officer, or the
equivalent position, of a charter school may authorize, in writing, a
person who does not hold that credential to issue work permits
during periods of time in which the superintendent is absent from the
district or the chief executive officer is absent from the charter
school.
(f) Notwithstanding the hour limitations imposed by this chapter
or any other provision of law, the hour limitations that apply to a
work permit issued by any of the individuals described in subdivision
(b) shall be based on the school calendar of the school the pupil
attends.