No. 35683 (Amendment): Rule R277-915. Work-based Learning Programs for Interns

(Amendment)

DAR File No.: 35683
Filed: 01/17/2012 07:37:50 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide updated terminology changes.

Summary of the rule or change:

Updates terminology throughout the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Section 53A-29-102

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes only provide updated terminology which do not result in a cost or savings.

local governments:

There are no anticipated costs or savings to local government. The changes only provide updated terminology which do not result in a cost or savings.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education and do not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The changes only provide updated terminology which do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes only provide updated terminology which do not result in a cost or savings.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/02/2012

This rule may become effective on:

03/09/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-915. Work-based Learning Programs for Interns.

R277-915-1. Definitions.

A. "Board" means Utah State Board of Education.

B. "Intern" means a student enrolled in a school-sponsored work experience and career exploration program under Section 53A-29-102 involving both classroom instruction and work experience with a cooperating employer, for which the student receives no compensation.

C. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[E]D. "School-based enterprise" means businesses set up and run by supervised students learning to apply "practical" skills in the production of goods or services for sale or use by others.

[C]E. "Work site" or "workplace" means the actual location where employment occurs for particular occupation(s), or an environment that simulates all aspects/elements of that employment, for instance school-based enterprises.

[D]F. "Work-based learning" means activities that involve actual work experience or connect classroom learning to work.

 

R277-915-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board; by Section 53A-29-102 which provides that the Board shall provide rules to schools wishing to offer and operate internships in connection with work experience and career exploration programs; and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide direction to [school districts]LEAs as they provide work-based learning programs and to establish criteria to be included in those polices.

 

R277-915-3. Mandatory [District]LEA Policy.

A. Each [school district]LEA that has work-based learning programs that include assigning students to act as interns at off-campus sites or on-campus simulations shall establish a policy which provides procedures and criteria for at least the following issues:

(1) training for student interns, student intern supervisors, and cooperating employers regarding health hazards and safety procedures in the workplace;

(2) standards and procedures for approval of off-campus work sites;

(3) transportation options for students to and from the work site;

(4) appropriate supervision by employers at the work site;

(5) adequate insurance coverage provided and identified either by the student, the program or the [school district]LEA;

(6) appropriate supervision and evaluation of the student by the [local education agency]LEA; and

(7) appropriate involvement and approval by the student's parents in the work-based intern program.

 

R277-915-4. Consistency with Law and State and [Local]LEA Board Rules and Policies.

A. The work-based intern experience shall be consistent with the provisions of the Fair Labor Standards Act, Part 570, Subpart E, 29 C.F.R.[, pages 89.16 et seq., June 1995 and Administrative Letter Rulings: Department of Labor, Wage and Hour Division, pages 226 and 228, July 1996. These materials are contained within the Fair Labor Standards Handbook, are available in the School Law Section at the Utah State Office of Education and are hereby incorporated by reference.]

B. Work-based intern programs shall operate consistently with Board rules and [district]LEA polices including student transportation, credit toward graduation, attendance, and fee waivers.

 

KEY: public schools, intern program

Date of Enactment or Last Substantive Amendment: [March 10, 1997]2012

Notice of Continuation: February 2, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-29-102; 53A-1-401(3)

 

---