Apprenticeship and PreapprenticeshipAdministration
Section § 3070
The California Apprenticeship Council is part of the Division of Apprenticeship Standards and is appointed by the Governor. The council consists of six representatives from employers and employee organizations that sponsor apprenticeship programs, two public representatives, and several high-ranking education officials or their designees. The chairperson is chosen by the council members. Members serve four-year terms, and if a vacancy occurs, a replacement is appointed for the remainder of the term. Members receive $100 per day for attending meetings, hearings, and other official duties, plus travel expenses.
Section § 3071
This law states that the California Apprenticeship Council must meet four times a year and can have additional meetings if the chair calls for them. They are responsible for setting rules on minimum wages, maximum work hours, and working conditions for apprentices in building, construction trades, and firefighter occupations, as well as ensuring equal opportunities and affirmative action programs that include women and minorities. These standards cannot be lower than the existing ones in this chapter and must focus on eliminating unnecessary criteria not related to training qualification.
Additionally, the term 'firefighter occupations' refers to roles approved by the California Firefighter Joint Apprenticeship Committee. If the rules for firefighter apprentices conflict with any collective bargaining agreement with a public employer, the collective bargaining agreement takes precedence.
Section § 3071.5
This section talks about the Interagency Advisory Committee on Apprenticeship within California's Division of Apprenticeship Standards. It outlines who is on the committee, including several state officials and six appointed members who represent employers, employees, and the public. These appointed members receive a stipend for attending meetings. The committee's role is to provide advice on apprenticeship standards, especially for occupations outside traditional fields like construction.
The committee meets regularly and can hold special meetings as needed, led by a chair selected by the Secretary of Labor and Workforce Development. It can also create subcommittees to focus on specific industries or the needs of disabled apprentices.
Section § 3071.7
This law defines terms related to foster and homeless youth for apprenticeship purposes in California. It explains who qualifies as current and former foster youth, as well as homeless youth.
An Interagency Advisory Committee on Apprenticeship must create a subcommittee to study issues related to these groups' participation in apprenticeships. This subcommittee will gather data, assess success rates, identify challenges, and recommend how to improve apprenticeship outcomes for homeless and foster youth. These recommendations should be part of the annual report to the Legislature starting July 1, 2023. It is also possible to expand the subcommittee's focus to include issues concerning minority groups.
Section § 3072
The Director of Industrial Relations automatically serves as the Administrator of Apprenticeship and can hire help as needed to carry out the goals of the apprenticeship chapter.
Section § 3073
The Chief of the Division of Apprenticeship Standards is responsible for overseeing apprenticeship programs, ensuring fair selection processes, improving apprentices' working conditions, and promoting equal opportunities. Duties include acting as secretary for related councils, maintaining public information about programs, advising on apprenticeship standards, and cooperating with other institutions. They also audit procedures and are involved in agreements to support minority and women's participation in apprenticeships.
The Chief, along with a special committee, sets rules for wages, hours, and conditions for apprenticeships outside construction and firefighting. Existing regulations apply until new ones are established. Moreover, past decisions by the Apprenticeship Council now fall under the Chief's authority when relevant to programs outside the Council's jurisdiction.
Section § 3073.1
This section outlines how the division is responsible for evaluating apprenticeship and preapprenticeship programs to ensure they meet standards. This includes checking if on-the-job training is supervised, classroom instruction is given, and funds are properly used. Programs are assessed for completion rates and job placement of graduates. The division has the authority to suspend or deregister programs that fail to meet standards or misuse funds, and to give priority to evaluating programs with identified deficiencies or those with low completion rates.
Evaluation reports are presented depending on the program type to relevant advisory bodies, and information impacting individual privacy is not disclosed. If a program frequently receives valid complaints or has a low completion rate, it will be promptly evaluated. Newly created or expanded programs are evaluated after a year for quality assurance.
Section § 3073.2
This section allows a division to fund apprenticeship programs and related activities either through grants, reimbursements, or other funding methods instead of contracts. These grants bypass certain review processes to make funding more flexible and timely. The division can also enter contracts or agreements to support its goals.
Additionally, it can apply for and use federal funding to help manage its responsibilities under this chapter.
Section § 3073.3
This law states that the California Legislature wants the Department of Industrial Relations to focus on increasing participation of women, ethnic minorities, and disabled individuals in the programs they manage.
Section § 3073.5
This California law requires annual reports from apprenticeship-related bodies to the Legislature and public, detailing their activities. The reports must include data on the number and demographics of participants in programs, such as women, minorities, foster and homeless youth, and their success rates over time. Actions taken to improve program performance and resolve disputes must be reported. It also covers applications for new programs, reimbursement for instruction, and initiatives to expand youth apprenticeships, including the Youth Apprenticeship Grant Program. Definitions for terms like 'foster youth' and 'homeless youth' are provided for clarity.
Section § 3073.6
This law states that if anyone deliberately discriminates when recruiting or running an apprenticeship program, based on the types mentioned in a specific part of the Government Code, they can be charged with a misdemeanor. If found guilty, they could face a fine up to $1,000, up to six months in jail, or both.
Section § 3073.7
The Division of Apprenticeship Standards in California can work with the Employment Development Department and local service areas to offer services under the federal Workforce Innovation and Opportunity Act. They can create agreements to make this happen.
The division should also encourage sponsors of voluntary apprenticeship and training programs to include people who qualify under this federal act and related state regulations.
Section § 3073.9
This law ensures that building and construction trades apprenticeship programs in California must not discriminate against apprentices or applicants based on various personal characteristics, including race, gender, age, or disability. It outlines several areas where discrimination is prohibited, such as recruitment, pay, job assignments, and working conditions. Programs must actively promote equal opportunities by appointing staff to oversee compliance, informing all participants about nondiscrimination policies, and maintaining records to demonstrate adherence.
Additionally, programs are required to provide anti-harassment training and establish procedures for dealing with complaints of discrimination or harassment. They must display their equal opportunity policies prominently and ensure fair access to program facilities. Compliance with these rules is monitored, and programs have a set timeframe to implement these obligations.
Section § 3074
This law outlines how vocational education for apprentices should be organized in terms of curriculum development, teacher selection, and instruction coordination, which is handled by state and local vocational education boards in agreement with program sponsors. It allows for off-campus instruction when approved and compliant with regulations. Various instruction methods can be used, including classroom and correspondence courses.
Any extra costs for local education agencies beyond what the state funds are to be covered by the program sponsor, based on an agreement, with joint regulations established for cost calculations. Revenue from apprenticeship class attendance must be used for those classes before claiming additional costs.
There are provisions for isolated apprentices who can't attend regular classes due to availability or location; they may receive instruction via contract or correspondence. Complaints about agreements can be filed according to administrative procedures. Instruction can be denied to apprenticeship programs found noncompliant with equal opportunity regulations.
Section § 3074.1
This law requires high schools, community colleges, and organizations that run apprenticeship programs to inform students about the availability of these programs as part of California's effort to ensure equal opportunity through affirmative action.
Section § 3074.2
This law outlines how schools in California should notify local apprenticeship programs when planning college or career fairs. Schools must inform all apprenticeship programs in the same county about the event's date, time, and location. This should be done using contact details from the Division of Apprenticeship Standards' online database. The law encourages schools to host events specifically focused on apprenticeship opportunities and career technical education.
Section § 3074.3
This law states that both the Superintendent of Public Instruction and the Chancellor of California Community Colleges must accept someone's registration in an approved apprenticeship program as an acceptable requirement to enroll in specific classes related to that apprenticeship. This is true even if other education rules suggest otherwise.
Section § 3074.7
This law allows school districts to charge a fee to students taking postgraduate or upgrading courses. The fee cannot exceed the actual cost of the instruction and is determined by the district's governing board.