CIWEA Conference April 3, 2014 Dan Jenkins, MA Professor/Director, CWEE Mendocino College

Are General CWEE courses repeatable? What is the basis for awarding transfer credit? What is the relationship between units and learning objectives? How many learning objectives are required? Can unpaid interns work with for-profit employers? What is a full-time faculty load? How should adjunct faculty be paid? What are the minimum qualifications for a CWEE instructor? What is the apportionment for CWEE courses compare with other types of instruction? Why is the requirement for “immediate supervision” important for CWEE coordinators to understand?

Local: District Plan for CWEE Local Policies: MQs; Curriculum; BPs/APs; CBAs Local Decisions: Right of Assignment, etc. State CCR: Title V Education Code Chancellor’s Office/Board of Governors’ Guidelines/Regulations State-wide Academic Senate Standards ACCJC Standards Federal Perkins Act Labor Code: Title 29 US Code – Fair Labor Standards Act

Based on T5, etc. but may be enhanced and/or more restrictive District Plan for CWEE Required by T5 BOT approved Where do you find this? Who is the keeper? Curriculum Types of CWEE courses allowed Single Occupational or in Disciplines? Which Disciplines? Minimum Qualifications for CWEE Determination of “equivalencies”; accepted occupational experience Scheduling/Right of Assignment CWEE courses: when, where and by whom Compensation Collective Bargaining Agreements Relationships with committee chairs and instructional administrators are critical to the success of your program

§ : Cooperative Work Experience Education (last revised 2009) § 53416: Minimum Qualifications § Standards and Criteria for Courses § 55040: District Policy for Course Repetition § : FTES; Computation § Computation for Work-Experience Education Programs § 58051: Method for Computing FTES § 58161: Apportionment for Course Enrollment

§ Approved Plan Required. § Laws or Rules Applicable to Minor Students in Work Experience. § ‘‘Work Experience Education.’’ § Funds for Work Experience Programs for Students with Developmental Disabilities. § Work-Experience Education Involving Apprenticeable Occupations. § Work Experience Outside of District. § Wages and Workers’ Compensation. § Requirements of Plan. § Types of Cooperative Work Experience Education. § College Credit and Repetition. § Student Qualifications. § District Services. § Records. § Work Experience Credit. § Job Learning Stations.

Any program of Cooperative Work Experience Education conducted by the governing board of a community college district pursuant to this article and claimed for apportionment… shall conform to a plan adopted by the district. The plan adopted by the district shall set forth a systematic design of CWEE whereby students, while enrolled in college, will gain realistic learning experiences through work. This plan shall be submitted to and approved by the Chancellor. CCC Board of Governors – Chapter 3 (Standing Orders) Article 6: Education Programs; Section 406: CWEE The Chancellor shall review all plans submitted by the districts for cooperative work experience education

Work-experience education authorized by this article includes the employment of students in part-time jobs selected and approved as having educational value for the students employed therein and coordinated by college employees. The governing board of any community college district may provide for the establishment and supervision of work experience education programs providing part-time jobs for students in areas outside the district.

The governing board of any community college district providing work-experience and work-study education may provide for employment under such program of students in part-time jobs by any public or private employer. Such districts may pay wages to persons receiving such training, except that no payments may be to or for private employers. Districts may provide workers' compensation insurance for students in work experience as may be necessary

Section 203 (4)(A) The term “employee” does not include any individual who volunteers to perform services for a public agency which is a State, a political subdivision of a State, or an interstate governmental agency, if- (i) the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered; and (ii) such services are not the same type of services which the individual is employed to perform for such public agency. (B) An employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency may volunteer to perform services for any other State, political subdivision, or interstate governmental agency, including a State, political subdivision or agency with which the employing State, political subdivision, or agency has a mutual aid agreement.

Section 3(e)(4)(A) of the FLSA and 29 C.F.R. §§ and … indicate that an individual is a volunteer, not an employee of a public agency, when the individual meets the following criteria: 1. Performs hours of service for a public agency for civic, charitable or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered. Although a volunteer can receive no compensation, a volunteer can be paid expenses, reasonable benefits or a nominal fee to perform such services; 2. Offers services freely and without pressure or coercion, direct or implied, from an employer; and 3. Is not otherwise employed by the same public agency to perform the same type of services as those for which the individual proposes to volunteer. Please be assured that this Administration fully supports volunteerism and is committed to working with organizations like yours to ensure that citizens are able to volunteer freely their services for charitable and public purposes consistent with the law

DLSE has historically followed federal interpretations which recognize the special status of trainees and interns who perform some work as part of an educational or vocational program. Similar to the federal exemption from coverage, the effect of a sufficient showing that the intern/trainee is enrolled in a bona fide internship or training program is that the trainee/intern falls outside the coverage of the State's minimum wage laws.

The Test For Unpaid Interns: 1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment; 2. The internship experience is for the benefit of the intern; 3. The intern does not displace regular employees, but works under close supervision of existing staff; 4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded; 5. The intern is not necessarily entitled to a job at the conclusion of the internship; and 6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

(a) The district plan shall contain the following provisions: (1) A statement that the district [BOT] has officially adopted the plan, subject to approval by the State Chancellor. (2) A specific description of the respective responsibilities of college, student, employer, and other cooperating agencies in the operation of the program. (3) A specific description for each type of Cooperative Work Experience Education program. (cont.)

(4) A description of how the district will: (A) Provide guidance services for students during enrollment in CWEE. (B) Assign a sufficient number of qualified, academic personnel as stipulated in the district plan to direct the program and to assure district services required in section [also see MQs]. (C) Assure that students' on-the-job learning experiences are documented with written measurable learning objectives. (D) With the assistance of employers, evaluate students on-the-job learning experiences. (E) Describe basis for awarding grade and credit [also see standards and criteria for courses]. (F) Provide adequate clerical and instructional services. (b) Prior to implementation, any changes or revisions to the district plan shall be submitted for approval to the Chancellor.

The minimum qualifications for an instructor or coordinator of general or occupational work experience education, as defined in Section 55252, shall be the minimum qualifications in any discipline in which work experience may be provided at the college where the instructor or coordinator is employed. CCCCO: Minimum Qualifications for Faculty and Administrators in California Community Colleges “The minimum qualifications for disciplines on this list [not requiring a Masters Degree] are any bachelor’s degree and two years of professional experience, or any associate degree and six years of professional experience. The professional experience required must be directly related to the faculty member's teaching assignment.”

Cooperative Work Experience Education is a district-initiated and district-controlled program of education consisting of the following types: (a) General Work Experience Education is supervised employment which is intended to assist students in acquiring desirable work habits, attitudes and career awareness. The work experience need not be related to the students' educational goals. (b) Occupational Work Experience Education is supervised employment extending classroom based occupational learning at an on-the-job learning station relating to the students' educational or occupational goal.

(a) For the satisfactory completion of all types of CWEE, students may earn up to a total of 16 semester credit hours or 24 quarter credit hours, subject to the following limitations: (1) General Work Experience Education. A maximum of six semester credit hours or nine quarter credit hours may be earned during one enrollment period in general work experience education. (2) Occupational Work Experience Education. A maximum of eight credit hours may be earned during one enrollment period in occupational work experience education. (cont.)

(b) If a college offers only one course in occupational work experience in a given field and that course is not offered as a variable unit open-entry/open-exit course, the district policy on course repetition adopted pursuant to section may permit a student to repeat that course any number of times so long as the student does not exceed the limits on the number of units of cooperative work experience education set forth in subdivision (a). Consistent with section 58161, attendance of a student repeating a cooperative work experience course pursuant to this subdivision may be claimed for state apportionment.

There are two types of cooperative work experience education. General work experience education is supervised employment intended to assist students in acquiring desirable work habits, attitudes, and career awareness. The work experience does need not be related to the student's specific educational goals. Occupational work experience education is supervised employment where on-the-job learning relates to the student's specific educational or occupational goal. Title 5, section 55253, states that a student may earn up to a maximum of 16 semester units or 24 quarter units of both types of work experience education combined. (page 60)

“This proposal seeks the Board to add the clause “during one enrollment period” to Title section 55253(a)(1)…Without that clause, potential students faced a total enrollment cap instead one that deals with one enrollment period. With the previous consolidation of “alternate” and “parallel” CWEE, this modification is needed. This modification is supported by the Statewide Academic Senate (see attachment 2). It was also endorsed by the Statewide Advisory Committee on Work-Based Learning and Placement, and endorsed by both the Northern California and Southern California Cooperative Work Experience Education Coordinators groups.”

Resolved, That the Academic Senate for California Community Colleges recommend changing the Title 5 limitation for General Work Experience from six to 16 credit hours.

(f) Notwithstanding subdivisions (b), (c) and (d) [limitations on enrollment] of this section, a district may claim state apportionment for the attendance of students in credit courses for enrollments in the credit courses without limitation if all other requirements of this division are met and in the following circumstances: (4) The attendance of a student for each enrollment in a cooperative work experience course pursuant to section

(a) The governing board of each community college district shall adopt and publish policies and procedures pertaining to the repetition of credit courses... (b) The policies and procedures adopted pursuant to subdivision (a) may, (6) permit a student to repeat a course in occupational work experience under the circumstances described in section When an occupational work experience course is repeated pursuant to that section, the grade received each time shall be included for purposes of calculating the student's grade point average.

Student enrollment limit: General and occupational work experience courses previously could not, and still cannot, lawfully be designated by a district as a repeatable course within the meaning of section However, the law previously allowed and continues to allow districts, under the circumstances specified in section 55253, to permit students to enroll multiple times in an occupational work experience course. This exception still does not allow for students receiving a satisfactory grade to re-enroll in (or repeat) a general work experience course. (pages 20-21)

In order to participate in CWEE students shall meet the following criteria: (a) Pursue a planned program of CWEE which, in the opinion of the Instructor/Coordinator, includes new or expanded [not repeated] responsibilities or learning opportunities beyond those experienced during previous employment. (b) Have on-the-job learning experiences that contribute to their occupational or education goals. (c) Have the approval of the academic personnel. (d) Meet the following condition if self-employed: Identify a person who is approved by academic personnel to serve as the designated employer representative. This representative shall agree in writing to accept the following employer responsibilities: (1) Assist the student in identifying new or expanded on-the-job learning objectives. (2) Assist in the evaluation of the student's identified on-the-job learning objectives. (3) Validate hours worked.

(a) The district shall provide sufficient services for initiating and maintaining on-the-job learning stations, coordinating the program, and supervising students. The supervision of students shall be outlined in a learning agreement coordinated by the college district under a state- approved plan. The employer and the qualified Community College Instructor/Coordinator shall share responsibility for on-the-job supervision, which shall include but not be limited to: (1) Instructor/Coordinator consultation in person with employers or designated representatives to discuss students' educational growth on the job. (2) Written evaluation of students' progress in meeting planned on-the-job learning objectives. (3) Consultation with students in person to discuss students' educational growth on the job. (cont.)

(b) The district shall provide the above services at least once each quarter or semester for each student enrolled in the CWEE. Qualified adjunct faculty may be hired from other institutions to develop the learning contracts and make the “in-person” consultation for a student that is out of a college's geographical region, state, or in another country. For legally indentured apprentices, the requirements of this section may be delegated to the Joint Apprenticeship Committee in order to avoid duplication of supervisory services. The responsibility for compliance with Education Code and title 5 CWEE requirements remains with the college. (c) In certain limited situations that will be defined in guidelines issued by the Chancellor, the district may substitute approved alternatives to “in person” consultations. The guidelines will specify the types of alternatives which districts may approve and the circumstances under which they may be used. In establishing and maintaining guidelines on such alternatives, the Chancellor shall consult with, and rely primarily on the advice and judgment of, the statewide Academic Senate and shall provide a reasonable opportunity for comment by other statewide and regional representative groups.

Several limited circumstances occur when districts might reasonably permit an alternative to an “In-person” visit: The worksite is hosted by a reliable entity The student and supervisor are repeating Work Experience Emergency and security of instructor, supervisor, or student Work hours of student or supervisor do not match the instructor’s Student and supervisor are working in virtual offices Distance [D]istricts are required to document both the specific authorized alternative used in place of the in-person visit and the limited circumstances motivating its use.

(a) The district shall maintain records which shall include at least the following: (1) The type and units of CWEE in which each student is enrolled, where the student is employed, the type of job held and a statement signed and dated by an academic employee which sets forth the basis for determining whether the student is qualified for Occupational or General Work Experience. (2) A record of the work permit issued, if applicable, signed by the designated issuing agent. (3) The employer's or designated representative's statement of student hours worked and evaluation of performance on the agreed-upon learning objectives. Work hours may be verified either by weekly or monthly time sheets or by a summary statement at the end of the enrollment period. (cont.)

(4) New or expanded on-the-job measurable learning objectives which serve as part of the basis for determining the student's grade, signed by academic personnel, the employer or designated representative, and the student. (b) Records must be maintained which are signed and dated by academic personnel documenting: (1) Consultation(s) in person with the employer or designated representative. (2) Personal consultation(s) with the student. (3) Evaluation of the student's achievement of the on-the-job learning objectives. (4) The final grade.

(a) One student contact hour is counted for each unit of work experience credit in which a student is enrolled during any census period. In no case shall duplicate student contact hours be counted for any classroom instruction and CWEE. The maximum contact hours counted for a student shall not exceed the maximum number of CWEE units for which the student may be granted credit as described in section (cont.)

(f) For… cooperative work-experience education courses, the following alternative attendance accounting procedure shall be used: (1) For credit courses, for purposes of computing full-time equivalent student only, one weekly student contact hour shall be counted for each unit of credit for which a student is enrolled in one of those courses. The full-time equivalent student of those courses shall be computed by multiplying the units of credit for which students are enrolled as of the census day prescribed in subdivision (b) or (c), as appropriate, for the primary term or intersession and duration for which the course is scheduled, by the term length multiplier[ ] as provided for in subdivision (b), and dividing by 525.

Apportionment for CWEE courses is based on the Alternative Attendance Accounting Method (formerly known as IS/WEE) Chapter 3: FTES Attendance Accounting 6. Courses of Independent Study and Work Experience Education (includes credit or noncredit Distance Education courses) a. Credit Courses: For courses of independent study and work experience education (IS/WEE), one student contact hour shall be counted for each unit of credit for which the student is enrolled as of the census date or day. (cont.)

b. Student contact hours (units) of enrollment for IS/WEE credit courses scheduled coterminously with the primary term are counted as of the census week and date... The term length multiplier is the same as for all other primary term weekly census credit courses. (See computations for Weekly Student Contact Hour Procedure, pages 11 and 12.) c. Student contact hours (units) of enrollment for short-term or intersession IS/WEE credit courses are counted as of the census day… Student contact hours (units) of enrollment for short-term or intersession IS/WEE courses counted as of the census day may be multiplied by the same course length multiplier (or TLM) that produces the same total WSCH for the same student effort as would be generated in such courses conducted in the primary terms.

For the purposes of computing full-time equivalent student of community college students in cooperative education or work-experience education programs, the following provisions shall apply. (a) One student contact hour is to be counted for each unit of cooperative education or work-experience credit in which a student is enrolled during any census period. In no case shall duplicate student contact hours be counted for classroom study and cooperative education or work-experience. The maximum contact hours counted for a student shall not exceed the maximum number of cooperative education or work-experience units for which the student may be granted credit under the rules and regulations of the Chancellor's Office. (b) “Immediate supervision” of off-campus work stations shall be defined as student participation in on-the-job training as outlined under a training agreement, coordinated by the community college district under a state- approved plan, wherein the employer and the qualified community college coordinator share responsibility for on-the-job supervision.

(a)(1) Except as otherwise provided, in computing the FTES of a community college district, there shall be included only the attendance of students while they are engaged in educational activities … under the immediate supervision and control of an academic employee of the district... (b) For the purpose of work-experience education programs meeting the standards of the Carl D. Perkins Career Technical Education Act of 2006… “immediate supervision” of off-campus work training stations means student participation in on-the-job training as outlined under a training agreement, coordinated by the community college district under a state-approved plan, wherein the employer and academic school personnel share the responsibility for on-the-job supervision. The student/instructor ratio in the work-experience education program shall not exceed 125 students per full-time equivalent academic coordinator.

§ WORK EXPERIENCE CREDIT (cont.) (b) The learning experience and the identified on-the-job learning objectives shall be sufficient to support the units to be awarded. (c) The following formula will be used to determine the number of units to be awarded: (1) Each 75 hours of paid work equals one semester credit or 50 hours equals one quarter credit. (2) Each 60 hours of non-paid work equals one semester credit or 40 hours equals one quarter credit.

( a) Degree-Applicable Credit Course. (2) Standards for Approval. The college and/or district curriculum committee shall recommend approval of the course for associate degree credit if it meets the following standards: (A) Grading Policy. The course provides for measurement of student performance in terms of the stated course objectives …based on demonstrated proficiency in subject matter and the ability to demonstrate that proficiency …by problem solving exercises or skills demonstrations by students (F) Difficulty. The course work calls for critical thinking and the understanding and application of concepts determined by the curriculum committee to be at college level (G) Level. The course requires learning skills and a vocabulary that the curriculum committee deems appropriate for a college course

§ 66050: It is the intent of the Legislature that public institutions of higher education in California shall provide a collegiate experience which gives each student the skills of communication and problem solving, the ideas and principles underlying the major areas of modern knowledge, the ability to consider ethical issues thoughtfully, the understanding that learning is a continuous lifelong process, and the knowledge of democracy necessary for good citizenship. The Legislature further intends that an undergraduate education prepare students to think critically and independently, and to have the flexibility to adapt to changing economic and social conditions, new workforce needs, and demands of a multicultural society.

Each district has the responsibility to determine the quantity, types and nature of students’ learning objectives that would qualify for a specific number of units. The number of units awarded a student should be justified by the attainment of suitable college-level learning objectives, which should be more or less rigorous and time-involved than learning objectives that earn more or less units, respectively. If you aren’t requiring one LO for each unit, how are you measuring rigor and time-involvement to justify the units awarded?

Job learning stations shall meet the following criteria: (a) Employers or designated representatives agree with the intent and purposes of CWEE for students and are given a copy of each student's approved on-the- job learning objectives. (b) Job learning stations offer a reasonable probability of continuous work experience for students during the current work experience enrollment term. (c) Employers or designated representatives agree to provide adequate supervision, facilities, equipment, and materials at the learning stations to achieve on-the-job learning objectives. (d) Employers agree to comply with all appropriate federal and state employment regulations.

Serve on key shared governance and decision-making committees (Academic Senate; Curriculum; Education Master Plan; SLO; Matriculation; etc.) and cultivate good working relationships with committee chairs and administrators Know the laws and regulations related to CWEE, and how your local policies and procedures align with these. Know what is permissible and what is required. Understand the value “immediate supervision”, repeatability, transferability, etc. have to faculty and students Maintain high academic and ethical standards Be part of the faculty team. Remind faculty how CWEE can benefit students Communicate student successes and positive student outcomes Be an active advocate for your students

Mendocino College CWEE: Instructor Resource Page Westlaw – CA Office of Administrative Law (CCR) California Code CCCCO Program and Course Approval Handbook (PCAH) CCCCO Program and Course Approval Handbook CCCCO Minimum Qualifications for Faculty and Administrators in California Community Colleges. January 2012 CCCCO Minimum Qualifications for Faculty and Administrators in California Community Colleges. January 2012 Student Attendance and Accounting Manual (SAAM) Ed. CCCCO Credit Course Repetition Guidelines. November 2013 DOL Wages and Hours Division: Statutes, Regs, Opinions DOL Fact Sheet #71 (Unpaid Internships) CCCCO: Alternatives to In-Person Consultation. April 2009 BOG Proposal: CWEE Repetition. 9-09