Florida Administrative Code
6 - DEPARTMENT OF EDUCATION
6A - State Board of Education
Chapter 6A-23 - APPRENTICESHIP PROGRAMS
Section 6A-23.0042 - Work-Based Learning Standards
Universal Citation: FL Admin Code R 6A-23.0042
Current through Reg. 50, No. 187; September 24, 2024
(1) Purpose. The purpose of this rule is to provide uniform minimum standards and guidelines for determining student eligibility, obligations of employers, and requirements of institutions that offer work-based learning opportunities.
(2) Definitions. For the purpose of this rule, the following definitions shall apply:
(a) "Educational institution" means a
district school board operated school under Section
1003.01, F.S., a charter school
operated under Section
1002.33, F.S., a school district
operated career center under Section
1001.44, F.S., a school district
operated charter technical career center under Section
1002.34, F.S., or a Florida
College System Institution under Section
1000.21, F.S.
(b) "Employability skill" means a
non-technical, transferable skill or behavior necessary for success in the
workforce.
(c) "Employer" means a
sole proprietorship or a business or organization that hires at least one
individual, pays the individual a salary or wage, and has the power to control
the individual's work duties. For the purpose of this rule, an employer may be
a governmental entity or a private, public, or quasi-public legal entity
eligible to conduct business in the State of Florida.
(d) "Employer supervisor" means an employee
of an employer providing a work-based learning opportunity, who supervises a
student or students participating in a work-based learning
opportunity.
(e) "Instructor" means
the employee of the educational institution who is responsible for
administration of the student's work-based learning opportunity and, if
applicable, the student's training agreement.
(f) "Student" means a person enrolled in an
educational institution participating in a work-based learning
opportunity.
(g) "Technical skill"
means the applied knowledge and abilities capable of performing tasks required
of a specific occupation or career field.
(h) "Training Agreement" means the document
which establishes the roles, responsibilities, and intended outcomes of a
work-based learning opportunity.
(i) "Work-based learning opportunity" shall
have the same meaning as defined in Section
446.0915, F.S. Work-based
learning opportunities may be on or off campus, paid or unpaid, and credit
bearing or non-credit bearing. For the purpose of this rule, an apprenticeship
or preapprenticeship, as defined in Rule
6A-23.002, F.A.C., is not a
work-based learning opportunity.
(j) "Work-based learning reflection" means a
student's reporting of his or her experience during a work-based learning
opportunity.
(3) Student eligibility. In order to participate in a work-based learning opportunity, a student shall:
(a) Execute a training
agreement, unless:
1. The student is younger
than eighteen (18) years of age, in which case a parent or legal guardian shall
execute the training agreement, or
2. A training agreement is not required
pursuant to paragraph (6)(a) of this rule.
(b) Complete training on foundational
work-based learning concepts, including, but not limited to, work-based
learning opportunity rules, procedures, policies, and professionalism
expectations.
(4) Educational institution requirements.
(a) The
educational institution shall establish policies and procedures related to:
1. In the case of a student younger than
eighteen (18) years of age, ensuring that an employer supervisor has not been
arrested for and is awaiting final disposition of, have been found guilty of,
regardless of adjudication, or entered a plea of nolo contendere or guilty to,
or have been adjudicated delinquent and the record has not been sealed or
expunged for, any offense prohibited under any of the provisions of Section
435.04(2) and
(3), F.S., or similar law of another
jurisdiction.
2. In the case of a
student younger than eighteen (18) years of age, notifying the student's parent
or legal guardian if there is an injury or illness, or allegation of harassment
or discrimination involving the student related to the work-based learning
opportunity.
3. Orienting an
employer to the rules, policies, procedures, and employer obligations relating
to work-based learning opportunities coordinated by the educational
institution.
4. Orienting a student
to foundational work-based learning concepts, including, but not limited to,
work-based learning opportunity rules, procedures, policies, and
professionalism expectations.
5.
Facilitating the meeting of any student application and interview requirements
of an employer.
6. Maintaining and
distributing signed training agreements.
7. Providing an evaluation instrument to the
employer supervisor to assess a student's acquisition of the employability and
technical skills referenced in the training agreement.
8. Ensuring, prior to a student engaging in a
work-based learning opportunity, that the student is covered by the employer's
workers' compensation insurance coverage or has medical insurance coverage for
injury or illness related to the work-based learning
opportunity.
(b)
Executing a training agreement, unless not required to do so pursuant to
paragraph (6)(a) of this rule.
(c)
The educational institution shall implement a process by which a student
conducts a written work-based learning reflection that addresses topics
including, but not necessarily limited to:
1.
What the student accomplished during the work-based learning opportunity that
is potentially valued by future employers;
2. What the student learned about himself or
herself and the industry in which he or she worked;
3. How the student's future academic and
career plans have been affected by their experience; and
4. How the work-based learning opportunity
could be improved for future students.
(d) The educational institution shall conduct
a work-based learning needs assessment at least every two years in consultation
with instructors, students, employer representatives, and other relevant
stakeholders. These assessments must identify areas of potential improvement
related to the locally offered work-based learning opportunities' safety,
accessibility, student skill development, student social capital development,
student career preparation, and the collaborative management of the work-based
learning opportunities.
(e) The
educational institution shall report data related to a work-based learning
opportunity to the Florida Department of Education in accordance with the
specifications of the Division of Career and Adult
Education.
(5) Employer obligations.
(a) The employer shall execute a
training agreement unless not required to do so pursuant to paragraph (6)(a) of
this rule.
(b) The employer shall
designate an employer supervisor for each student.
(c) The employer shall participate in an
orientation required under subparagraph (4)(a)3. of this rule.
(d) The employer supervisor shall ensure that
an emergency contact form is on file for each student in a manner that is
readily accessible.
(e) The
employer supervisor shall ensure that each student is fully trained on, at a
minimum, safety rules, regulations, and practices relevant to the job they will
be performing and the employer's procedures for reporting injury, harassment,
or discrimination.
(f) The employer
supervisor shall complete an evaluation of the student's performance during the
work-based learning opportunity under subparagraph (4)(a)7. of this
rule.
(g) If the student is younger
than eighteen (18) years of age, in the event of a workplace injury or illness,
or allegation of harassment or discrimination, a representative of the employer
must contact the student's parent or legal guardian as soon as possible, and
the student's instructor within twenty-four (24) hours, to report the
incident.
(h) To the maximum extent
practicable, the employer shall provide the student with opportunities to
network and develop relationships with industry and community professionals
potentially valuable to the student's future employment and
advancement.
(6) Training agreement.
(a) A training agreement is
required when the work-based learning opportunity is multi-day and the employer
supervisor is not the instructor. A training agreement is not required when the
work-based learning opportunity takes place in a simulated work environment at
an educational institution, during off-campus work-based learning entirely
overseen by the instructor, or when the work-based learning opportunity takes
place during a single-day.
(b) At a
minimum, a training agreement must include:
1.
The student's legal name, educational institution, telephone number, and email
address;
2. The student's emergency
contact information and, if the student is younger than eighteen (18) years of
age, contact information for his or her parent or legal guardian. Contact
information must include, at a minimum, the contact's name, telephone number,
email address, and relationship to the student;
3. The instructor's legal name, telephone
number, and e-mail address;
4. The
employer's legal name, address, telephone number, and federal tax
identification number;
5. The
employer supervisor's legal name, title, telephone number, and e-mail
address;
6. The start and end dates
of the work-based learning opportunity;
7. The number of hours to be worked per week
by the student and the student's work schedule, if available;
8. Whether the work-based learning
opportunity is paid or unpaid;
9. A
description of the work-based learning opportunity, including, but not limited
to, the student's specific job responsibilities;
10. The employability and technical skills to
be learned by the student during the work-based learning opportunity;
11. A description of how the student's
performance will be assessed by the employer supervisor and instructor;
and
12. The dated signatures
(handwritten or electronic) of the employer supervisor; instructor; and
student; or, a parent or legal guardian if the student is younger than eighteen
(18) years of age.
Rulemaking Authority 1001.02(1), (2)(n), 446.041(13), 446.0915(3) FS. Law Implemented 446.0915 FS.
New 5-3-22.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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