AB 1025: Schools, employees and volunteers: Activity Supervisor Clearance Certificate
November 19, 2009
This message is to inform you that Assembly Bill (AB) 1025 is scheduled to be enacted January 1, 2010 to amend EC 44258.7, and add to EC 44346.5 and 49024 relating to school employees and volunteers. Even though this new Ed Code may not have much to do with work permits, I do get numerous phone calls pertaining to minors coaching soccer/softball etc.
If the pupil activity is sponsored by the school district, the minor is not required to have a work permit (29 USC 203(s)(1)), however they shall have a Certificate of Age (29 CFR 570.9). In California we do not issue Certificates of Age, thus you are to issue a work permit in its place.
So now, minors who coach or referee sports for a school district not only must have a work permit, but also must obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing.
The section of interest is below:
SEC. 3. Section 49024 is added to the Education Code, to read:
EC 49024. (a) Prior to assuming a paid or volunteer position to
supervise, direct, or coach a pupil activity program sponsored by, or affiliated with, a school district, all non- certificated candidates shall obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing pursuant to subdivision (f) of Section 44258.7.
The full copy of AB 1025 can be located at http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1001-1050/ab_1025_bill_20091011_chaptered.html
AB 402 Entertainment Work Permits
July 9, 2009
Just want to keep you informed of AB 402, the bill which proposes a $50 fee for Entertainment Work Permits. I did submit a bill analysis on AB 402 with a position of "Opposed unless Amended." The CDE ROCP and Workforce Development manager and the Division Director approved of the position. however, CDE's Legislative Affairs Office has not posted an official CDE position. This bill has already been voted on and passed the Senate and the Assembly. I am foreseeing this bill continuing on, despite my efforts.
AB 402 may be found at http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_402&sess=0910&house=B
Bill Summary: Assembly Bill (AB) 402 by Assemblymember Davis adds a section to the California Labor Code (LC) relating to employment of minors in the entertainment industry and creates an appropriation account entitled the Entertainment Work Permit Fund. This bill will require a $50 fee be submitted at the time the minor applies for the Entertainment Work Permit. The fee will be placed into an appropriations account available only to the Labor Commissioner to pay for costs of issuing entertainment work permits and enforcing the provisions of LC section 1308.5.
My Bill Analysis proposal: We recommend opposing this bill unless amended with the following additions: Add California school districts, charter schools, County Offices of Education, and CDE as authorized parties to access funds in the Entertainment Work Permit Fund to pay for the cost of completing required portions of the Entertainment Work Permit application required by DLSE.
Work Permits for Volunteer Workers?
March 26, 2010
I just got off the phone with the attorney from Kaiser Permanente who was handling the work permit citation for unpaid trainees/volunteers last year. I am happy to announce that all citations and charges were DISMISSED. DLSE attorneys decided that indeed, unpaid trainees and volunteers do not need to have work permits.
May 20, 2009:
I had a meeting last Thursday with CDE's Deputy General Counsel where I invited Pam from Stewart and Associates to also attend. During that meeting I was informed that the Letter of Opinion I submitted was still being reviewed by our legal department. The meeting unveiled the severity of this issue and ways in which to address this situation. As of now, the plan is to submit a request for an emergency change to the CCR regulations in order to specifically state the unpaid trainee/volunteer requirements concerning work permits.
However, after speaking with our Deputy General Counsel, I have been advised to state the following on whether or not to issue unpaid trainees or volunteers work permits:
Due to the legal nature of this issue and relations with the Division of Labor Standards Enforcement, California Department of Education does not give legal advice. You are recommended to seek your school district for legal advice.
April 28, 2009:
I have just been granted authority to issue a temporary blanket work permit for all California Kaiser Permanente facilities. This permit will cover all students for unpaid trainee/volunteer positions. This is only a temporary fix to stop the displacement of thousands of students across California. This permit does not in any way condone the requirement that unpaid trainees/volunteer need a permit, but rather is a temporary solution to this statewide immediate situation.
I am still waiting for CDE legal department to forward the "Letter of Opinion" to DLSE as an appeal to the original citation in Fontana.
I have just faxed a signed copy for the blanket permit to Kaiser Permanente's attorney and she will immediately forward to all facilities in California.
I will keep you informed of this situation.
April 24, 2009:
In reference to the numerous e-mails and telephone messages I have received, I would like to inform you that I am fully aware of all the details available and circumstances pertaining to Kaiser Permanente's recent labor code citation and their new internal requirements of work permits. I have been in contact with all parties involved and am responding appropriately in accordance to the standardized procedures required. With the power of the California Department of Education, I will respectfully take care of all items required to assure all agencies involved are aware of work permit requirements.
As the California state representative for the regulation of work permits of minors, I will represent all issues on this matter with all agencies involved. I realize the importance of this issue and can see your initiatives. However, to reduce confusion of information and maximize the effectiveness of our efforts, I am requesting all further ongoings pertaining to Kaiser Permanente and any other unpaid trainee/volunteer concern be directed directly to me.
Thank you all for informing me of the situation and the information I received from the field.
April 23, 2009:
According to the 2009 California Work Permit Handbook, volunteer or unpaid trainee minor's are not required to obtain a work permit. Under the U.S. Department of Labor, Wage and Hour Division and the Fair Labor Standards Act (FLSA), when answering "no" to all six questions on the School-Related Programs worksheet, validates the minor's are not in a paid or working relationship with the organization and therefore are not required to have a work permit.
As for organizations, such as Kaiser Permanente, they may stipulate their own internal regulations on the required documentation for volunteers or trainees within their organization. I do not have the authority to dictate their internal requirements.
I am currently waiting for a response from Kaiser Permanente's legal department and the Deputy Labor Commissioner's involved in order to gain more information pertain this issue.
I will keep you posted with all updated information.
The CDE has appointed a successor to retired CDE Liaison Rick Mejia. Kimberly Born comes to the State Department of Education from a varied background in education and administration. She assumed the position in mid-March of 2009 and two days later attended the CAWEE Conference in Monterey. Since that time she has worked assiduously to review, update and refine past practices and documents associated with Work Experience Education. She mastered a steep learning curve in mere weeks. We are fortunate to have Ms. Born advocating for our programs in Sacramento. We will hear much more from her as she works hard to see that Work Experience Education maintains its rightful place in educating our students to successfully transition to the world of work. Stay tuned as we bring you more and more good news generated by Kimberly Born's efforts.