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Whenever students are to be involved in a work-site or community-based training program, it is essential that all of
the following criteria be met in order to ensure that the program is in compliance with the Fair Labor Standards Act:
A. The training, even though it includes actual operation of the facilities of the employer, is similar to that which
would be provided if conducted on District premises.
B. The training is for the benefit of the student-trainees.
C. The student-trainees do not displace the employer's regular employees, but work under their close
observation.
D. The employer derives no immediate advantage from the activities of the student-trainees, and at times, may
have his/her operations impeded.
E. The student-trainees are not guaranteed a job by the employer at the end of the training period.
F. Both the employer and the student-trainees understand that the student-trainees are not entitled to wages for
the time spent in training.
If all of the six (6) criteria are not met, an employer relationship has been established and the student(s) will have
to be considered employees. These criteria, therefore, should be reviewed with all current and prospective
participating employers as well as with members of the staff who develop, conduct, or supervise such training
programs.
Whenever students with disabilities are employed in a work-site or sheltered workshop program either as part of
their IEP or a transition service and the above six criteria are not fulfilled, the Director of Student Services needs to
examine the provisions of Part 525 of the Fair Labor Standards Act - Employment of Workers with Disabilities
under Special Certificates (Section 14-B) to determine whether or not certification is desirable.
Prior to a student entering a program, his/her parents are to be provided a copy of the six (6) criteria stated above.
Approved/Adopted: July 13, 2009 |
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