Article 18 - Learning-Aligned Employment Program

California Education Code — §§ 69950-69969

Sections (13)

Repealed and added by Stats. 2021, Ch. 144, Sec. 33. (AB 132) Effective July 27, 2021.

(a)As used in this article, unless the context requires otherwise, the following definitions apply:
(b)“Program” means the Learning-Aligned Employment Program created pursuant to this article.
(c)“Public postsecondary educational institution” or “institution” means a campus of the University of California, the California State University, or the California Community Colleges.

Amended by Stats. 2021, Ch. 144, Sec. 34. (AB 132) Effective July 27, 2021.

The Leaning-Aligned Employment Program is hereby created to provide eligible college and university students with the opportunity to earn money to help defray their educational costs, while gaining education-aligned, career-related

experience. The program shall be administered by the commission, in consultation with the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges. The Legislature finds that the program furthers the interests of the state, and specifically lessens the burdens of government by ensuring eligible college and university students can pursue higher education in the state.

Amended by Stats. 2021, Ch. 144, Sec. 35. (AB 132) Effective July 27, 2021.

(a)A postsecondary educational institution currently eligible to participate in state-funded student financial aid programs pursuant to this chapter or in federal financial aid programs is eligible

and strongly encouraged to participate in the

program.

(b)Before participating in the program, each institution shall sign an institutional agreement with commission acknowledging its willingness to administer the program pursuant to this article and

guidance developed by the commission, in consultation with the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges. The agreement shall include the procedures that the institution shall use to ensure that each learning-aligned employment position is related to the student’s area of study or career interests.

(c)Each participating

public postsecondary educational institution shall be required, as a condition of participation in the program, to comply with such auditing or other fiscal reporting requirements as the commission, in consultation with the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges, may establish. These requirements shall be applied by the

commission, in consultation with the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges, so as to ensure that no payments received pursuant to this article are applied to the general aid or support of the institution.

Amended by Stats. 2021, Ch. 144, Sec. 36. (AB 132) Effective July 27, 2021.

All of the following entities shall be eligible to employ students participating in the program:

(a)Research centers and institutions operated by public postsecondary educational institutions, if their learning-aligned employment opportunities provide participating students with direct opportunities to participate in the research that is undertaken by the respective research centers and institutions.
(b)Public schools operated by school districts, county superintendents of schools, the Department of the Youth Authority, or the

department.

(c)Nonsectarian, nonpolitical organizations or corporations, whether nonprofit or for-profit enterprises licensed to conduct business in

the state, if they are capable of providing participating students with full-time employment opportunities, or opportunities to connect with other employers capable of providing participating students with full-time employment opportunities, within their areas of study after graduation.

Amended by Stats. 2021, Ch. 144, Sec. 37. (AB 132) Effective July 27, 2021.

(a)A student from an underrepresented background satisfying all of the following criteria shall be eligible to participate in the program:
(1)Enrollment on at least a half-time basis at a participating public postsecondary educational institution.
(2)Resident classification pursuant to Part 41 (commencing with Section 68000).
(3)Demonstrated maintenance of satisfactory academic progress in a program leading to a degree or a certificate, as determined by the public postsecondary educational institution in which the student is enrolled, applying standards of eligibility for federal financial aid. For purposes of this determination, homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are unable to meet the requirements deemed to constitute

“satisfactory academic progress” at that institution that may be considered by the institution to alter or excuse compliance with the progress requirements.

(4)Demonstrated financial need, as determined by the financial aid office of the institution in which the student is enrolled pursuant to the methodologies approved by the United States Department of Education for use in awarding funds provided under Title IV of the federal Higher Education Act of

1965, as amended. If individual circumstances affect the ability of the student or the student’s family to contribute to the student’s total financial resources, the financial aid administrator may make reasonable individualized adjustments to the computed total applicant resources.

(b)Each participating public postsecondary educational institution shall prioritize for available learning-aligned employment opportunities under the program an eligible student who is a first generation college student, a current or former foster youth, homeless, or at risk of being homeless. Each participating institution shall further prioritize for available learning-aligned employment opportunities an eligible student meeting this priority criteria who is also majoring in a science, technology, engineering, or mathematics

discipline.

Amended by Stats. 2021, Ch. 144, Sec. 38. (AB 132) Effective July 27, 2021.

(a)Each participating public postsecondary educational institution shall collaborate with local employers to identify learning-aligned employment opportunities that are located near the institution, aligned with the areas of study offered by the institution, and aligned with an eligible student’s area of study. Each

learning-aligned employment position identified by an institution shall be reviewed by the appropriate institution’s staff to determine whether it satisfies all of the conditions specified in Section 69960.

(b)Once the public postsecondary educational institution has identified a learning-aligned employment position, the employer and the institution shall execute a written agreement that confirms the employer’s eligibility to participate in the program and its willingness to comply with all program requirements, and specifies the responsibilities of each of

the parties. The agreement shall be subject to annual renewal by mutual agreement of the institution and the employer.

(c)Following execution of the agreement pursuant to subdivision (b), the employer may interview prospective students. The institution shall provide the employer and each applicant for the

learning-aligned employment position with adequate information to facilitate a student’s potential employment. If the priorities specified in Section 69959 have been met, the employer may indicate the employer’s hiring preferences. An employer shall not discriminate between applicants on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code, or subject any applicant to any

other discriminatory practices prohibited by state or federal law.

Amended by Stats. 2021, Ch. 144, Sec. 39. (AB 132) Effective July 27, 2021.

Both of the following priorities shall be followed at the time of job referral and placement:

(a)A

student

shall only be placed in an educationally beneficial position that relates to the student’s area of study, career objective, or the exploration of career objectives.

(b)The program shall include

and emphasize placements for students with

employers that are capable of providing them with full-time employment opportunities, or opportunities to connect with other employers that are capable of providing them with full-time employment opportunities, within their areas of study after graduation.

Amended by Stats. 2021, Ch. 144, Sec. 40. (AB 132) Effective July 27, 2021.

The institution shall assure that each learning-aligned employment position meets all of the following conditions:

(a)The position shall be educationally beneficial or related to a particular career interest or the exploration of career options.
(b)The work performed by the student shall not be related to the activities of any sectarian organization or to any partisan or nonpartisan political activities.
(c)The

employment of a

learning-aligned employment student shall not displace workers currently employed by the participating employer, or impair existing contracts for services.

(d)The learning-aligned employment position shall not violate any applicable collective bargaining agreements, or fill any vacancies due to a labor dispute.
(e)The student shall be paid at a comparable rate to that paid for comparable positions within the

employing organization. If the employing organization has no comparable position, the student shall be paid at a rate comparable to that paid by other organizations in the field for work involving comparable duties and responsibilities. The positions shall be compared on the basis of the nature of the work performed and the background and skills required for the position, and not upon the employee’s part-time or student status.

(f)The number of hours of learning-aligned employment the student is allowed to work shall be determined by each public postsecondary educational institution in accordance with its standards and practices, taking into consideration the extent of the student’s financial need and the potential harm of the

combination of work and study hours on a student’s satisfactory academic progress. The employer shall provide the institution with an accurate accounting of hours worked and wages earned.

(g)The total compensation received by the student shall not exceed the total amount authorized by the institution.
(h)The employer shall provide the student with reasonable supervision.
(i)Funds appropriated under this article shall not

supplant any state, federal, or institutional funds used to support existing paid positions for students in profit or nonprofit organizations.

Amended by Stats. 2021, Ch. 144, Sec. 41. (AB 132) Effective July 27, 2021.

A participating institution shall do both of the following:

(a)Develop partnerships with employers willing to contribute resources toward a percentage share of student compensation to be paid by the employer and by the

program, respectively.

(1)(A) For learning-aligned employment positions with public educational institutions or nonprofit corporations, the program shall provide no more than 90 percent of the student’s compensation.
(B)Notwithstanding

subparagraph (A), if the direct employer is the University of California, the California State University, the California Community Colleges, or one of its respective campuses, the program may provide 100 percent of the student’s compensation.

(2)For learning-aligned employment positions with for-profit employers, the program shall provide no more than 50 percent of the student’s compensation.
(b)For each

learning-aligned employment position, maintain all necessary records, including, but not limited to, need analysis documents, employer agreements, financial aid award documents, time sheets, and records of payments provided to the student.

Amended by Stats. 2021, Ch. 144, Sec. 42. (AB 132) Effective July 27, 2021.

A participating public postsecondary educational institution is strongly encouraged to develop competency-based educational opportunities in order to grant academic credit for work performed in a learning-aligned employment position.

Amended by Stats. 2021, Ch. 144, Sec. 43. (AB 132) Effective July 27, 2021.

(a)The program may include summer learning-aligned employment opportunities in order to provide learning-aligned employment positions for eligible students who

may find it difficult to locate meaningful employment because of a rigorous academic program that does not allow them to work during the academic year or because they are required to participate in an intensive work experience that satisfies academic requirements.

(b)In addition to meeting the criteria specified in Section 69956, to be eligible to participate in a summer learning-aligned employment program opportunity, a student shall be enrolled at least half-time in summer courses required for completion of a degree or certificate, or accepted for enrollment on at least a half-time basis for the following normal academic term.

Amended by Stats. 2021, Ch. 144, Sec. 46. (AB 132) Effective July 27, 2021.

(a)The commission, in consultation with the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges, shall do all of the following:
(1)Develop and post on its internet website any necessary programmatic policies and guidelines to assist participating employers and public postsecondary educational institutions to operate the program.
(2)Develop processes to facilitate public postsecondary educational institution compliance with the priorities stated in Section 69959.
(3)Develop processes to facilitate the monitoring of

institutional expenditures to ensure proper allocation and

use of program funds.

(b)At the close of each fiscal year, in a manner to be determined by the commission, the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges shall compile data regarding the population served by the program

by their respective campuses during that fiscal year and provide the data to the commission.

(c)The office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges shall review the

administrative practices of each

of their respective participating campuses to ensure compliance with program requirements. The office of the President of the University of California, the office of the Chancellor of the California State University, and office of the Chancellor of the California Community Colleges are encouraged to use existing institutional compliance and auditing processes to verify program compliance.

Amended by Stats. 2022, Ch. 54, Sec. 19. (AB 183) Effective June 30, 2022.

(a)Funds appropriated in the annual Budget Act or another statute for purposes of the program shall be provided to the commission for allocation to participating public postsecondary educational institutions based on their share of students receiving a federal Pell Grant in the most recent prior fiscal year for which data is available for all program participants.
(b)A participating public postsecondary educational institution may use no more than 5 percent of the funds it receives under the program on its administrative costs of participating in the program.
(c)The commission may use up to one-half of 1 percent of the funds appropriated for purposes of this article on the costs of administering the

program.

(d)(1) Funds appropriated in the annual Budget Act or another statute for purposes of the program shall be available for encumbrance and expenditure until June 30, 2031.
(2)(A) For the 2021–22 fiscal year, participating campuses of a participating public postsecondary educational institution are expected to collaborate with local employers to identify learning-aligned employment positions pursuant to section 69958.
(B)Commencing no later than the 2022–23 fiscal year, participating campuses of a participating public postsecondary educational institution are expected to enable participating eligible students to access available learning-aligned employment

opportunities identified pursuant to the requirements of this article.