The Board of Education recognizes the value of providing students with experiences as part of their preparation for productive employment and appreciates the cooperation of local employers in accommodating such training activities at their places of business.

Board policy 2421 authorizes the Superintendent to develop work-based learning programs as part of the vocational education curriculum. S/He shall develop administrative guidelines whereby all such programs are reviewed to determine whether or not an employer relationship has been established according to criteria established by the Supreme Court in adjudicating cases related to the Fair Labor Standards Act (FLSA). Particular attention should be paid to community-based programs for special education students and to vocational education programs in which students are producing goods or services for sale and the District is the recipient of the income therefrom.

Under the FLSA, when a student is a trainee, the following criteria apply:

The training must be supported by a curriculum with goals and objectives and the students are under continued and direct supervision by representatives of the District or the employer.

The training is for the benefit of the student and not made to meet the labor needs of the business.

The student/trainee does not displace regular employees or perform duties or services that are clearly for the benefit to the business.

The employer derives no direct advantage from the activities of the student/trainee.

The trainees are not necessarily entitled to a job at the conculsion of the training period.

The employer and student/trainee understands that the student/trainee is not entitled to wages for the time spent in training (unless as allowed under other educational program options).

Prior to a student entering a work-based learning placement, a training agreement will be developed with the employer regarding work rules, safety requirements, risk assignment and training goals and objectives. School officials, the parent and student will also develop and sign a training plan specific to the trainee placement and noting the above criteria.

29 U.S.C. 201-219

Revised 9/19/07