Florida Administrative Code
6 - DEPARTMENT OF EDUCATION
6A - State Board of Education
Chapter 6A-23 - APPRENTICESHIP PROGRAMS
Section 6A-23.004 - Standards of Apprenticeship
Universal Citation: FL Admin Code R 6A-23.004
Current through Reg. 50, No. 187; September 24, 2024
An apprenticeship program, to be eligible for approval and registration by the Department, must conform to the following Standards of Apprenticeship:
(1) The program must have an organized, written plan of program standards embodying the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation, and subscribed to by a sponsor who has agreed to carry out the apprentice training program.
(2) The program standards must contain provisions that address:
(a) The employment
and training of the apprentice in an apprenticeable occupation.
(b) The term of apprenticeship for an
individual apprentice which may be measured through the completion of either
the time-based approach; the competency-based approach; or the hybrid approach.
1. The time-based approach measures skill
acquisition through the apprentice's completion of at least 2, 000 hours of
on-the-job training (exclusive of time spent at related technical instruction)
as described in an outline within the approved Standards of
Apprenticeship.
2. The
competency-based approach measures the apprentice's successful demonstration of
acquired skills and knowledge, as verified by the program sponsor. Programs
utilizing this approach must still require apprentices to complete an
on-the-job training component (exclusive of time) and complete a related
technical instruction component (exclusive of time spent on the job) as
outlined within the approved Standards of Apprenticeship. The outline must
contain and describe all the competencies and identify a means of testing and
evaluation for such competencies.
3. The hybrid approach measures the
individual apprentice's skill acquisition through a combination of a range of
specified number of hours (time-based approach) of on-the-job training and the
successful demonstration of competency (competency based approach) as described
in an outline within the approved Standards of Apprenticeship.
4. Program standards that utilize the
competency-based or hybrid approach for progression through an apprenticeship
and that choose to issue interim credentials must clearly identify the interim
credentials, demonstrate how the credentials link to the components of the
apprenticeable occupation, and establish the process for assessing an
individual apprentice's demonstration of competency associated with the
particular interim credential. Further, interim credentials must only be issued
by the program sponsor or employer for recognized components of an
apprenticeable occupation, thereby linking interim credentials specifically to
the knowledge, skills, and abilities associated with those components of the
apprenticeable occupation.
5. The
determination of the approach for the program standards is made by the program
sponsor, subject to approval by the Department.
(c) An outline of the on-the-job training in
which the apprentice will receive supervised work experience and training on
the job, and the allocation of the approximate time to be spent in each major
process.
(d) Provision for
organized related technical instruction for the apprenticable occupation. A
minimum of 144 hours for each year of apprenticeship is recommended. This
instruction in technical subjects may be accomplished through media such as
classroom, occupational or industry courses, electronic media, or other
instruction approved by the Department.
(e) Wage Provisions -
1. A progressively increasing schedule of
wage rates is to be paid to the apprentice, consistent with the skill acquired,
which shall be expressed in percentages of the established journeyworker hourly
rate. The rates represent the minimum for each incremental period of
apprenticeship. The established journeyworker hourly rate among all
participating employers in the same apprenticeable occupation shall be stated
in dollars and cents.
2. The entry
apprentice wage rate shall be no less than thirty-five (35) percent of the
established journeyworker hourly rate. However, in no event shall the
apprentice wage rate be less than the minimum wage prescribed by the Fair Labor
Standards Act, collective bargaining agreements, or by Florida Statutes,
whichever is higher.
3. No
apprentice shall receive an hourly wage less than the percentage for the
incremental period in which the apprentice is serving.
4. The established journeyworker hourly wage
rate shall be reviewed annually and amended when determined by program sponsor
or as per the collective bargaining agreement.
5. The minimum hourly apprentice wage rate
paid during the last incremental period of apprenticeship shall be not less
than 75 percent of the established journeyworker wage rate.
6. This subsection governing apprentice wages
shall not be interpreted or construed in a manner that would cause a conflict
with applicable federal law or regulations.
(f) Periodic review and evaluation of the
apprentice's progress in job performance and related technical instruction, and
the maintenance of progress records.
(g) A numeric ratio of apprentices to
journeyworkers consistent with proper supervision, training, safety, and
continuity of employment and provisions in collective bargaining agreements,
except where such ratios are expressly prohibited by the collective bargaining
agreements. It shall be the responsibility of the apprenticeship committee or
sponsor to ensure that the allowable ratio of apprentices to journeyworkers is
consistently maintained in the program as a whole, by each participating
employer, and on the job site as follows:
1.
For construction-related programs and participating employers in each
apprenticeable occupation, an initial ratio of one (1) apprentice to one (1)
journeyworker must be adhered to. Subsequent ratios are two (2) apprentices to
three (3) journeyworkers.
2. For
non-construction related programs and participating employers in each
apprenticeable occupation, a variance may be requested which is subject to
approval by the Department.
(h) A probationary period reasonable in
relation to the full apprenticeship term, with full credit for such period
toward completion of apprenticeship, which cannot exceed twenty-five (25)
percent of the length of the program, or one (1) year, whichever is
shorter.
(i) Safe equipment and
facilities for training and supervision, and safety training for apprentices on
the job and in related technical instruction.
(j) The minimum qualifications required by a
sponsor for persons entering an apprenticeship program, with an eligible
starting age not less than sixteen (16) years.
(k) The placement of an apprentice under an
apprenticeship agreement. The agreement shall directly, or by reference,
incorporate the standards of the program as part of the agreement.
(l) The granting of advanced standing or
credit for demonstrated competency, acquired experience, training, or skills
for all applicants equally, with commensurate wages for any progression
step.
(m) The transfer of an
apprentice between apprenticeship programs and within an apprenticeship program
must be based on agreement between the apprentice and the affected
apprenticeship committees or program sponsors and must comply with the
following requirements:
1. The transferring
apprentice must be provided a transcript of related technical instruction and
on-the-job training by the committee or program sponsor;
2. Transfer must be to the same
occupation;
3. A new apprenticeship
agreement must be executed when the transfer occurs; and,
4. The apprentice must receive full credit
from the new participating employer or sponsor for satisfactorily completed
time and training earned.
(n) Assurance of qualified training personnel
and adequate supervision on the job. Every apprenticeship instructor must:
1. Meet the Department's requirements for a
career-technical instructor per Section
1012.55, F.S., or be a subject
matter expert, which is an individual who is recognized within an industry as
having expertise in a specific occupation, as demonstrated by being a
journeyworker, or by holding the licensure or certification required in the
given occupation; and
2. Have
training in teaching techniques and adult learning styles, which must occur
before the apprenticeship instructor has started to provide the related
technical instruction.
(o) Recognition of successful completion of
apprenticeship evidenced by a certificate issued by the Department.
(p) Identification of the Department as
Registration Agency.
(q) Provision
for the registration, cancellation, and deregistration of the program and for
the prompt submission of any program standard modification or amendment to the
Department for approval.
(r)
Provision for registration of apprenticeship agreements, modifications, and
amendments; notice to the Department of persons who have successfully completed
apprenticeship programs; and notice of transfers, cancellations, suspensions of
apprenticeship agreements and a statement of the reasons.
(s) Authority for the cancellation of an
apprenticeship agreement during the probationary period by either party without
stated cause. Cancellation during the probationary period will not have an
adverse impact on the sponsor's completion rate.
(t) Provision for not less than five (5)
business days' notice to an apprentice and the participating employer of any
proposed adverse action and cause with stated opportunity for corrective
action, unless other acceptable procedures are provided for in the collective
bargaining agreement.
(u) Contact
information such as name, address, telephone number, and email address of the
individual with authority under the program to receive, process and make
disposition of complaints.
(v)
Recording and maintenance of all records concerning apprenticeship as may be
required by state or federal law. Records must be maintained for not less than
five (5) years from the date of departure from or completion of the
program.
(w) Provision for a
participating employer's agreement: -
1. Each
participating employer shall sign a participating employer's agreement with the
program sponsor accepting the funding formula and all other requirements of the
program standards, unless otherwise provided for in a collective bargaining
agreement; and
2. The program
sponsor shall notify the Department of any change in the status of each
participating employer within the program. Where the program sponsor uses a
participating employers' agreement, a copy of the agreement and the
cancellation thereof, shall be furnished to the Department which will satisfy
the requirements of this subsection;
(x) A funding formula providing for the
equitable participation of each participating employer in funding of the
program.
(y) All apprenticeship
standards must contain articles necessary to comply with Title 29 C.F.R. Part
29, and Title 29 C.F.R. Part 30, Title 29 C.F.R. Parts 29 (effective October
29, 2008) (http://www.flrules.org/Gateway/reference.asp?No=Ref-10514)
and 30 (effective December 19, 2016) (http://www.flrules.org/Gateway/reference.asp?No=Ref-10515)
are hereby incorporated by reference. A copy of the C.F.R. provisions may be
obtained by contacting Apprenticeship Programs, Division of Career and Adult
Education, Department of Education, 325 W. Gaines Street, Tallahassee, Florida
32399.
Rulemaking Authority 446.032, 446.041(13) FS. Law Implemented 446.041, 446.075 FS.
New 6-9-81, Amended 7-10-83, Formerly 38C-16.04, Amended 5-29-90, Formerly 38C-16.004, 38H-16.004, Amended 3-29-11, 6-25-19.
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