Article 3 - Industry, Internship, Apprenticeship, and Preapprenticeship Programs

California Education Code — §§ 79140-79149.7

Sections (14)

Amended by Stats. 2018, Ch. 704, Sec. 5. (AB 235) Effective September 22, 2018.

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 internship, apprenticeship, and preapprenticeship 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.

§ 79144

Amended by Stats. 2018, Ch. 704, Sec. 6. (AB 235) Effective September 22, 2018.

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 Division 1 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 Division 1 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.

(d)“Preapprenticeship program” means a structured plan of training and studies based on industry standards that is designed to prepare individuals with the skills and competencies needed to enter an

apprenticeship training program that has been approved pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code.

§ 79146

Amended by Stats. 2018, Ch. 704, Sec. 7. (AB 235) Effective September 22, 2018.

(a)To the extent sufficient resources exist, the board of governors may establish internship training programs and actively support apprenticeship and preapprenticeship 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.

(b)Funding allocated pursuant to Sections 79149, 79149.1, and 79149.3 shall exclusively be used for approved apprenticeship training programs and shall not be allocated for the purposes of

preapprenticeship.

§ 79148

Amended by Stats. 2018, Ch. 704, Sec. 8. (AB 235) Effective September 22, 2018.

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 and preapprenticeship 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.

§ 79148.1

Added by Stats. 2018, Ch. 33, Sec. 24. (AB 1809) Effective June 27, 2018.

(a)The California Apprenticeship Initiative (CAI) New and Innovative Grant Program is hereby established, under the administration of the Chancellor of the California Community Colleges, to create new and innovative apprenticeship opportunities in priority and emerging industry sectors or areas in which apprenticeship training is not fully established or does not exist.

(b)The chancellor shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the California Apprenticeship Initiative (CAI) New and Innovative Grant Program.

(c)Notwithstanding Section 16304 of the Government Code,

funds appropriated for the California Apprenticeship Initiative (CAI) New and Innovative Grant Program shall be available to the chancellor for five fiscal years beginning with the fiscal year upon which the funds are appropriated.

(d)The operation of this section is contingent upon an appropriation in the annual Budget Act for purposes of the California Apprenticeship Initiative (CAI) New and Innovative Grant Program.

§ 79149

Amended by Stats. 2018, Ch. 704, Sec. 9. (AB 235) Effective September 22, 2018.

(a)The Chancellor of the California Community Colleges shall be responsible for allocating funds for apprenticeship and preapprenticeship 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.

§ 79149.1

Repealed and added by Stats. 2018, Ch. 33, Sec. 26. (AB 1809) Effective June 27, 2018.

(a)Attendance of apprentices enrolled in any class offered for community college credit by a community college in collaboration with an apprenticeship program sponsor, pursuant to Section 3074 of the Labor Code, may be reimbursed as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section if such attendance is not reported pursuant to Section 79149.3. Attendance for an apprenticeship class reimbursed as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section shall be reported separately to the Chancellor of the California Community Colleges.

(b)Attendance of apprentices reimbursed pursuant to subdivision

(a)shall be reimbursed based on the number of hours of instruction provided to indentured apprentices. The attendance hours generated by credit apprenticeship courses shall be funded at the marginal credit rate determined pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section.

(c)For purposes of this section, each hour of teaching time may include up to 10 minutes of passing time and breaks.

(d)The attendance hours funded pursuant to subdivision (b) shall be allocated by the Chancellor of the California Community Colleges directly to participating community college districts that have a college or colleges that contract with apprenticeship programs pursuant to subdivision (e).

(e)Reimbursements may be made under this section for 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.

(f)A community college that funds a class for the training of apprentices taught by an apprenticeship instructor other than a community college faculty member shall not claim reimbursement as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section in accordance with subdivision (a) and instead shall claim reimbursement pursuant to Section 79149.3.

(g)A community college may limit enrollment in a community college course or course section reimbursed pursuant to this section solely to apprentices if that course or course section is required for those students as a part of a registered

apprenticeship program with the Division of Apprenticeship Standards of the Department of Industrial Relations.

(h)For each community college receiving reimbursement for apprenticeship hours pursuant to this section, the affected community college district shall report to the Chancellor of the California Community Colleges all of the following information, for each apportionment period:

(1)The total number of full-time equivalent students generated by apprentices enrolled in community college apprenticeship courses that are reimbursed pursuant to this section.

(2)The total number of hours reimbursed for apprenticeship instruction pursuant to subdivision (b).

(3)The total amount of apportionment received for apprenticeship instruction reimbursed

pursuant to this section.

(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 community college receiving reimbursement for apprenticeship instruction pursuant to this section:

(1)The number of apprenticeship instructional hours reported by and reimbursed to the community college as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section.

(2)At the final or recalculation apportionment, the hourly rate equivalent of per full-time equivalent student funding paid for instructional hours reimbursed to the community college as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of

Section 84750.5 or its successor section.

(3)The information reported to the Chancellor of the California Community Colleges pursuant to subdivision (h).

(j)The Board of Governors of the California Community Colleges shall include instructions necessary to enforce this section in the audit report required by Section 84040. The instructions shall include, but not necessarily be limited to, procedures for verifying if the hours for apprenticeship instruction reported to each community college district by each community college receiving reimbursements for apprenticeship hours, pursuant to this section, are eligible for reimbursement pursuant to this section.

(k)When a community college contracts with an apprenticeship program sponsor in the building and construction trades, pursuant to subdivision (e), the

apprenticeship program sponsor must approve any decision to seek reimbursement for classes pursuant to this section rather than pursuant to Section 79149.3. A community college may not condition its willingness to contract with an apprenticeship program sponsor in the building and construction trades, or to grant community college credit for a class provided by such a program, on whether reimbursement may or will be sought pursuant to this section rather than pursuant to Section 79149.3.

§ 79149.2

Amended by Stats. 2018, Ch. 704, Sec. 10. (AB 235) Effective September 22, 2018.

(a)An apprentice or preapprentice attending community college in classes of instruction pursuant to approved standards as provided pursuant to Section 3074 of the Labor Code and in accordance with subdivision (d) of Section 3078 of the Labor Code or as authorized under Section 3100 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.

§ 79149.25

Amended by Stats. 2023, Ch. 73, Sec. 1. (SB 467) Effective January 1, 2024.

A student enrolled in a community college class or classes pursuant to an apprenticeship training program or an internship training program who does not have a social security number may use an individual tax identification number for purposes of any background check required by the class or program. A student shall not be denied admission to an apprenticeship or internship training program because the student uses an individual tax identification number pursuant to this section.

§ 79149.3

Amended by Stats. 2018, Ch. 33, Sec. 27. (AB 1809) Effective June 27, 2018.

(a)The reimbursement rate for related and supplemental instruction reimbursed pursuant to this article shall be established in the annual Budget Act and the rate shall be commonly applied to all providers of instruction specified in subdivision (e).

(b)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 this section only if reported separately to the Chancellor of the California Community Colleges and not reported pursuant to Section 79149.1. Attendance reported pursuant to this section shall be used only for purposes of calculating allowances pursuant to this section.

(c)For purposes of this

section, each hour of teaching time may include up to 10 minutes of passing time and breaks.

(d)This section also applies to isolated apprentices, as defined in Section 3074 of the Labor Code, for which alternative methods of instruction are provided.

(e)The Chancellor of the California Community Colleges shall make the reimbursements specified in this section for teaching time provided by community colleges.

(f)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 (g).

(g)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.

(h)The initial allocation of hours for related and supplemental instruction pursuant to subdivision (f) 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.

(i)(1) 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:

(A) 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.

(B) Reported related and supplemental instruction hours that were not reimbursed.

(2)The Chancellor of the California Community Colleges shall notify the California Apprenticeship Council of any reimbursements made pursuant to paragraph (1).

(j)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.

(k)The Board of Governors of the California Community Colleges shall include instructions necessary to enforce this article in the audit report required by Section 84040. The instructions shall include, but

not necessarily be limited to, procedures for verifying if the hours for related and supplemental instruction reported to each community college district by a participating apprenticeship program sponsor, pursuant to this section, are eligible for reimbursement pursuant to this section.

§ 79149.4

Added by Stats. 2013, Ch. 48, Sec. 69. (AB 86) Effective July 1, 2013.

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.

§ 79149.5

Amended by Stats. 2018, Ch. 33, Sec. 28. (AB 1809) Effective June 27, 2018.

(a)The Chancellor of the California Community Colleges, in consultation with the Division of Apprenticeship Standards of the Department of Industrial Relations, the California Apprenticeship Council, 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.

§ 79149.6

Added by Stats. 2013, Ch. 48, Sec. 71. (AB 86) Effective July 1, 2013.

(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.

§ 79149.7

Added by Stats. 2018, Ch. 33, Sec. 29. (AB 1809) Effective June 27, 2018.

The Chancellor of the California Community Colleges and the Division of Apprenticeship Standards of the Department of Industrial Relations, in consultation with the California Apprenticeship Council and the Superintendent, shall develop standard reporting protocols applicable to participating community colleges and local educational agencies contracting with apprenticeship program sponsors that include metrics to measure program efficiency and success. For programs contracting with community colleges, the reporting protocols shall include metrics to evaluate the impact of funding-related and supplemental instruction hours with full-time equivalent students pursuant to Section 79149.1 and training of apprentices funded with a noncredit rate pursuant to Section 79149.3.