Students BP 5113.2(a)
WORK PERMITS
The Governing Board recognizes that part-time employment can provide students with income as well as job experience that can help them develop appropriate workplace skills and attitudes. Upon obtaining an offer of employment, district students who are minors shall obtain work permits from the Superintendent or designee in accordance with law, regardless of whether the employment will occur when school is in session and/or not in session.
(cf. 6178 - Career Technical Education)
In determining whether to grant or continue a work permit, the Superintendent or designee shall consider whether employment is likely to significantly interfere with the student's schoolwork. Students granted work permits must demonstrate and maintain a 2.0 grade point average and satisfactory school attendance. On a case-by-case basis, the Superintendent or designee may approve a maximum work hour limit that is lower than the limit specified in law and administrative regulation.
(cf. 5121 - Grades/Evaluation of Student Achievement)
Students with work permits may be exempted from attendance in a full-time day school provided they attend part-time classes. (Education Code 48230)
(cf. 5112.1 - Exemptions from Attendance)
Work permits shall be limited to part-time employment as defined by law, except when the Superintendent or designee determines that circumstances warrant the granting of a permit for full-time employment.
Any student authorized to work full time when school is in session shall be enrolled in part-time continuation classes. A student age 14 or 15 who receives a permit to work full time shall also be enrolled in a work experience education program. (Education Code 49130, 49131, 49135)
(cf. 6178.1 - Work Experience Education)
(cf. 6184 - Continuation Education)
Legal Reference: (see next page)
BP 5113.2(b)
WORK PERMITS (continued)
Legal Reference:
EDUCATION CODE
48230 Exemption from full-time school attendance for students with work permits
48231 Exemption from compulsory attendance for students entering attendance area near end of term
49100-49101 Compulsory attendance
49110-49119 Permits to work
49130-49135 Permits to work full time
49140-49141 Exceptions
49160-49165 Employment of minors; duties of employers
49180-49183 Violations
51760-51769.5 Work experience education
52300-52499.66 Career technical education
LABOR CODE
1285-1312 Employment of minors
1391-1394 Working hours for minors
CODE OF REGULATIONS, TITLE 5
16023-16027 District records, retention and destruction
CODE OF REGULATIONS, TITLE 8
11701-11707 Prohibited and dangerous occupations for minors
11750-11763 Work permits and conditions, minor employed in entertainment industry
CODE OF FEDERAL REGULATIONS, TITLE 29
570.1-570.129 Child labor regulations
ATTORNEY GENERAL OPINIONS
18 Ops.Cal.Atty.Gen. 114 (1951)
Management Resources:
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Work Permit Handbook for California Schools: Laws and Regulations Governing the Employment of Minors, 2007
CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS PUBLICATIONS
Child Labor Laws, 2000
WEB SITES
California Department of Education, Work Experience Education: http://www.cde.ca.gov/ci/ct/we
California Department of Education, Office of Regional Occupational Centers and Programs and Workforce Development: http://www.cde.ca.gov/ci/ct/wd
California Department of Industrial Relations: http://www.dir.ca.gov
Policy CSBA MANUAL MAINTENANCE SERVICE
adopted: March 2008
Students AR 5113.2(a)
WORK PERMITS
Before accepting employment, a student under the age of 18 who is subject to the state's compulsory attendance law, including students who have not yet graduated from high school or have not passed the High School Proficiency Examination, shall obtain a work permit.
(cf. 5112.1 - Exemptions from Attendance)
(cf. 6146.1 - High School Graduation Requirements)
(cf. 6146.2 - Certificate of Proficiency/High School Equivalency)
The Superintendent or designee may issue a permit authorizing employment while school is in session, including employment connected with a work experience education program pursuant to Education Code 51760-51769.5, to a minor student between the ages of 14 and 18. The Superintendent or designee also may issue a permit to any minor between the ages of 12 and 18 to be employed during a regular school holiday, during a regular or specified occasional public school vacation, and when the student is exempt from compulsory school attendance because he/she arrived from another state within 10 days before the end of the school term pursuant to Education Code 48231. (Education Code 49111, 49113, 49160)
(cf. 6178.1 - Work Experience Education)
If a minor has obtained an offer of employment in the entertainment industry, he/she shall request a work permit from the California Department of Industrial Relations, Division of Labor Standards Enforcement, pursuant to Labor Code 1308.5 and 8 CCR 11752-11753.
A student shall not be required to obtain a permit to work at odd jobs such as yard work and baby-sitting in private homes where the student is not regularly employed; at a public school or other governmental agency; in connection with volunteer work; when self-employed; when age 14 or older and working as a newscarrier; or when otherwise exempted by law.
Approval of Work Permits
The Superintendent may, in writing, delegate the authority to issue work permits to an employee holding a services credential with a specialization in pupil personnel services or to a certificated work experience education teacher or coordinator. If the designee is not available, and delay in issuing a permit would jeopardize a student's ability to secure work, the Superintendent may authorize another person to issue the permit. (Education Code 49110)
No work permit shall be issued until the student's parent/guardian, foster parent, caregiver with whom the student resides, or residential shelter services provider has filed a written request with the district. (Education Code 49110)
The request form shall be completed by the student, employer, and, unless the student is an emancipated minor, the parent/guardian. The form shall be submitted to the Superintendent or designee, who shall have discretion to determine whether or not to issue the work permit.
AR 5113.2(b)
WORK PERMITS (continued)
In determining whether to approve a work permit, the Superintendent or designee shall verify the student's date of birth and the type of work permit to be issued and determine whether the student meets any other minimum criteria established by the Governing Board. The Superintendent or designee may inspect the student's records and/or may confer with at least one of the student's teachers for evidence of satisfactory grades and school attendance and to determine whether the student possesses the motivation and maturity to maintain academic progress while working.
(cf. 5121 - Grades/Evaluation of Student Achievement)
Minors shall not be approved to work in environments declared hazardous or dangerous for young workers or otherwise prohibited by child labor laws. (Labor Code 1290-1298; 29 CFR 570.33, 570.50-570.72)
The Superintendent or designee shall ensure that the requested work hours do not exceed the maximum work hours specified in law based on the student's age and whether the employment will be while school is in session and/or not in session. (Education Code 49111, 49112, 49116; Labor Code 1391-1391.1; 29 CFR 570.35)
Full-time employment may be authorized for students between the ages of 14 and 18 only in accordance with Education Code 49130-49135.
(cf. 6184 - Continuation Education)
All work permits shall be issued on a form approved and authorized by the Superintendent of Public Instruction. (Education Code 49117)
Each permit shall authorize work for a specific employer. Whenever a student changes employers, he/she shall request a new permit.
The student may be issued more than one work permit if he/she works concurrently for more than one employer, provided that the total number of hours worked does not exceed the total number of hours allowed by law and the district.
After issuing a work permit, the Superintendent or designee shall periodically inspect the student's grades and attendance records to ensure maintenance of academic progress and any additional criteria established in Board policy.
Revocation/Expiration of Work Permits
The Superintendent or designee shall revoke a student's work permit whenever he/she determines that employment is interfering with the student's education, that any provision or condition of the permit is being violated, or that the student is performing work in violation of law. (Education Code 49116, 49164)
AR 5113.2(c)
WORK PERMITS (continued)
Work permits issued during the school year shall expire five days after the opening of the next succeeding school year. (Education Code 49118)
After a work permit has expired, a student may apply for a renewed work permit in accordance with the procedures specified in the section "Approval of Work Permits" above.
Retention of Records
The Superintendent or designee shall retain a copy of the work permit application and the work permit until the end of the fourth year after the work permit was issued. (5 CCR 16026)
(cf. 3580 - District Records)
(cf. 5125 - Student Records)
Regulation CSBA MANUAL MAINTENANCE SERVICE
approved: March 2008
Students AR 5125(a)
STUDENT RECORDS
Definitions
Student records are any items of information gathered within or outside the district that are directly related to an identifiable student and maintained by the district or required to be maintained by an employee in the performance of his/her duties. Any information maintained for the purpose of second-party review is considered a student record. A student record may be recorded in handwriting, print, computer media, video or audio tape, film, microfilm, microfiche, or by other means. Student records include the student's health record. (34 CFR 99.3; Education Code 49061, 49062; 5 CCR 430)
Student records do not include: (34 CFR 99.3; Education Code 49061, 49062)
1. Directory information
(cf. 5125.1 - Release of Directory Information)
2. Informal notes compiled by a school officer or employee which remain in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a substitute
3. Records of the law enforcement unit of the district, subject to the provisions of 34 CFR 99.8
(cf. 3515 - Campus Security)
(cf. 3515.3 - District Police/Security Department)
Mandatory permanent student records are those records which are maintained in perpetuity and which schools have been directed to compile by state law, regulation, or administrative directive. (5 CCR 430)
Mandatory interim student records are those records which the schools are directed to compile and maintain for stipulated periods of time and are then destroyed in accordance with state law, regulation, or administrative directive. (5 CCR 430)
Permitted student records are those records having clear importance only to the current educational process of the student. (5 CCR 430)
Access means a personal inspection and review of a record, an accurate copy of a record or receipt of an accurate copy of a record, an oral description or communication of a record, and a request to release a copy of any record. (Education Code 49061)
Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records, to any party, by any means including oral, written, or electronic means. (34 CFR 99.3)
AR 5125(b)
STUDENT RECORDS (continued)
Personally identifiable information includes, but is not limited to, the student's name, the name of the student's parent/guardian or other family member, the address of the student or student's family, a personal identifier such as the student's social security number or student number, and a list of personal characteristics or other information that would make the student's identity easily traceable. (34 CFR 99.3)
Adult student is a person who is or was enrolled in school and who is at least 18 years of age. (5 CCR 430)
Parent/guardian means a natural parent, an adopted parent, legal guardian, surrogate parent, or foster parent. (Education Code 49061, 56050, 56055)
School officials and employees are officials or employees whose duties and responsibilities to the district, whether routine or as a result of special circumstances, require that they have access to student records.
Custodian of records is the employee responsible for the security of student records maintained by the district and for devising procedures for assuring that access to such records is limited to authorized persons. (5 CCR 433)
A legitimate educational interest is one held by school officials or employees whose duties and responsibilities to the district, whether routine or as a result of special circumstances, require that they have access to student records.
County placing agency means the county social service department or county probation department. (Education Code 49061)
Persons Granted Access to Student Records Without Prior Written Consent
Persons, agencies, or organizations specifically granted access rights to student records pursuant to law shall have access without prior written parental consent or judicial order. (Education Code 49076)
The following persons or agencies shall have absolute access to any and all student records in accordance with law:
1. Parents/guardians of students younger than age 18 (Education Code 49069)
Access to student records and information shall not be denied to a parent because he/she is not the child's custodial parent. (Family Code 3025)
AR 5125(c)
STUDENT RECORDS (continued)
2. An adult student age 18 or older or a student under the age of 18 who attends a postsecondary institution, in which case the student alone shall exercise rights related to his/her student records and grant consent for the release of records (34 CFR 99.3, 99.5)
3. Any person, agency, or organization authorized in compliance with a court order or lawfully issued subpoena (Education Code 49077)
In addition, the following persons or agencies shall have access to those particular records that are relevant to the legitimate educational interest of the requester: (Education Code 49076)
1. Parents/guardians of a dependent student age 18 or older
2. Students age 16 or older or who have completed the 10th grade
3. School officials and employees
4. Members of a school attendance review board and any volunteer aide age 18 or older who has been investigated, selected, and trained by such a board to provide follow-up services to a referred student
(cf. 5113.1 - Truancy)
5. Officials and employees of other public schools or school systems where the student intends or is directed to enroll, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided
6. Federal, state, and local officials, as needed for program audits or compliance with law
7. Any district attorney who is participating in or conducting a truancy mediation program or participating in the presentation of evidence in a truancy petition