Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-23 - APPRENTICESHIP PROGRAMS › Section 6A-23.004 - Standards of Apprenticeship

Current through Reg. 50, No. 138; July 16, 2024
An apprenticeship program, to be eligible for approval and
				  registration by the Department, must conform to the following Standards of
				  Apprenticeship:
(1) The program must
				have an organized, written plan of program standards embodying the terms and
				conditions of employment, training, and supervision of one or more apprentices
				in an apprenticeable occupation, and subscribed to by a sponsor who has agreed
				to carry out the apprentice training program.
(2) The program standards must contain
				provisions that address:
(a) The employment
				and training of the apprentice in an apprenticeable occupation.
(b) The term of apprenticeship for an
				individual apprentice which may be measured through the completion of either
				the time-based approach; the competency-based approach; or the hybrid approach.
1. The time-based approach measures skill
				acquisition through the apprentice's completion of at least 2, 000 hours of
				on-the-job training (exclusive of time spent at related technical instruction)
				as described in an outline within the approved Standards of
				Apprenticeship.
2. The
				competency-based approach measures the apprentice's successful demonstration of
				acquired skills and knowledge, as verified by the program sponsor. Programs
				utilizing this approach must still require apprentices to complete an
				on-the-job training component (exclusive of time) and complete a related
				technical instruction component (exclusive of time spent on the job) as
				outlined within the approved Standards of Apprenticeship. The outline must
				contain and describe all the competencies and identify a means of testing and
				evaluation for such competencies.
3. The hybrid approach measures the
				individual apprentice's skill acquisition through a combination of a range of
				specified number of hours (time-based approach) of on-the-job training and the
				successful demonstration of competency (competency based approach) as described
				in an outline within the approved Standards of Apprenticeship.
4. Program standards that utilize the
				competency-based or hybrid approach for progression through an apprenticeship
				and that choose to issue interim credentials must clearly identify the interim
				credentials, demonstrate how the credentials link to the components of the
				apprenticeable occupation, and establish the process for assessing an
				individual apprentice's demonstration of competency associated with the
				particular interim credential. Further, interim credentials must only be issued
				by the program sponsor or employer for recognized components of an
				apprenticeable occupation, thereby linking interim credentials specifically to
				the knowledge, skills, and abilities associated with those components of the
				apprenticeable occupation.
5. The
				determination of the approach for the program standards is made by the program
				sponsor, subject to approval by the Department.
(c) An outline of the on-the-job training in
				which the apprentice will receive supervised work experience and training on
				the job, and the allocation of the approximate time to be spent in each major
				process.
(d) Provision for
				organized related technical instruction for the apprenticable occupation. A
				minimum of 144 hours for each year of apprenticeship is recommended. This
				instruction in technical subjects may be accomplished through media such as
				classroom, occupational or industry courses, electronic media, or other
				instruction approved by the Department.
(e) Wage Provisions -
1. A progressively increasing schedule of
				wage rates is to be paid to the apprentice, consistent with the skill acquired,
				which shall be expressed in percentages of the established journeyworker hourly
				rate. The rates represent the minimum for each incremental period of
				apprenticeship. The established journeyworker hourly rate among all
				participating employers in the same apprenticeable occupation shall be stated
				in dollars and cents.
2. The entry
				apprentice wage rate shall be no less than thirty-five (35) percent of the
				established journeyworker hourly rate. However, in no event shall the
				apprentice wage rate be less than the minimum wage prescribed by the Fair Labor
				Standards Act, collective bargaining agreements, or by Florida Statutes,
				whichever is higher.
3. No
				apprentice shall receive an hourly wage less than the percentage for the
				incremental period in which the apprentice is serving.
4. The established journeyworker hourly wage
				rate shall be reviewed annually and amended when determined by program sponsor
				or as per the collective bargaining agreement.
5. The minimum hourly apprentice wage rate
				paid during the last incremental period of apprenticeship shall be not less
				than 75 percent of the established journeyworker wage rate.
6. This subsection governing apprentice wages
				shall not be interpreted or construed in a manner that would cause a conflict
				with applicable federal law or regulations.
(f) Periodic review and evaluation of the
				apprentice's progress in job performance and related technical instruction, and
				the maintenance of progress records.
(g) A numeric ratio of apprentices to
				journeyworkers consistent with proper supervision, training, safety, and
				continuity of employment and provisions in collective bargaining agreements,
				except where such ratios are expressly prohibited by the collective bargaining
				agreements. It shall be the responsibility of the apprenticeship committee or
				sponsor to ensure that the allowable ratio of apprentices to journeyworkers is
				consistently maintained in the program as a whole, by each participating
				employer, and on the job site as follows:
1.
				For construction-related programs and participating employers in each
				apprenticeable occupation, an initial ratio of one (1) apprentice to one (1)
				journeyworker must be adhered to. Subsequent ratios are two (2) apprentices to
				three (3) journeyworkers.
2. For
				non-construction related programs and participating employers in each
				apprenticeable occupation, a variance may be requested which is subject to
				approval by the Department.
(h) A probationary period reasonable in
				relation to the full apprenticeship term, with full credit for such period
				toward completion of apprenticeship, which cannot exceed twenty-five (25)
				percent of the length of the program, or one (1) year, whichever is
				shorter.
(i) Safe equipment and
				facilities for training and supervision, and safety training for apprentices on
				the job and in related technical instruction.
(j) The minimum qualifications required by a
				sponsor for persons entering an apprenticeship program, with an eligible
				starting age not less than sixteen (16) years.
(k) The placement of an apprentice under an
				apprenticeship agreement. The agreement shall directly, or by reference,
				incorporate the standards of the program as part of the agreement.
(l) The granting of advanced standing or
				credit for demonstrated competency, acquired experience, training, or skills
				for all applicants equally, with commensurate wages for any progression
				step.
(m) The transfer of an
				apprentice between apprenticeship programs and within an apprenticeship program
				must be based on agreement between the apprentice and the affected
				apprenticeship committees or program sponsors and must comply with the
				following requirements:
1. The transferring
				apprentice must be provided a transcript of related technical instruction and
				on-the-job training by the committee or program sponsor;
2. Transfer must be to the same
				occupation;
3. A new apprenticeship
				agreement must be executed when the transfer occurs; and,
4. The apprentice must receive full credit
				from the new participating employer or sponsor for satisfactorily completed
				time and training earned.
(n) Assurance of qualified training personnel
				and adequate supervision on the job. Every apprenticeship instructor must:
1. Meet the Department's requirements for a
				career-technical instructor per Section
				1012.55, F.S., or be a subject
				matter expert, which is an individual who is recognized within an industry as
				having expertise in a specific occupation, as demonstrated by being a
				journeyworker, or by holding the licensure or certification required in the
				given occupation; and
2. Have
				training in teaching techniques and adult learning styles, which must occur
				before the apprenticeship instructor has started to provide the related
				technical instruction.
(o) Recognition of successful completion of
				apprenticeship evidenced by a certificate issued by the Department.
(p) Identification of the Department as
				Registration Agency.
(q) Provision
				for the registration, cancellation, and deregistration of the program and for
				the prompt submission of any program standard modification or amendment to the
				Department for approval.
(r)
				Provision for registration of apprenticeship agreements, modifications, and
				amendments; notice to the Department of persons who have successfully completed
				apprenticeship programs; and notice of transfers, cancellations, suspensions of
				apprenticeship agreements and a statement of the reasons.
(s) Authority for the cancellation of an
				apprenticeship agreement during the probationary period by either party without
				stated cause. Cancellation during the probationary period will not have an
				adverse impact on the sponsor's completion rate.
(t) Provision for not less than five (5)
				business days' notice to an apprentice and the participating employer of any
				proposed adverse action and cause with stated opportunity for corrective
				action, unless other acceptable procedures are provided for in the collective
				bargaining agreement.
(u) Contact
				information such as name, address, telephone number, and email address of the
				individual with authority under the program to receive, process and make
				disposition of complaints.
(v)
				Recording and maintenance of all records concerning apprenticeship as may be
				required by state or federal law. Records must be maintained for not less than
				five (5) years from the date of departure from or completion of the
				program.
(w) Provision for a
				participating employer's agreement: -
1. Each
				participating employer shall sign a participating employer's agreement with the
				program sponsor accepting the funding formula and all other requirements of the
				program standards, unless otherwise provided for in a collective bargaining
				agreement; and
2. The program
				sponsor shall notify the Department of any change in the status of each
				participating employer within the program. Where the program sponsor uses a
				participating employers' agreement, a copy of the agreement and the
				cancellation thereof, shall be furnished to the Department which will satisfy
				the requirements of this subsection;
(x) A funding formula providing for the
				equitable participation of each participating employer in funding of the
				program.
(y) All apprenticeship
				standards must contain articles necessary to comply with Title 29 C.F.R. Part
				29, and Title 29 C.F.R. Part 30, Title 29 C.F.R. Parts 29 (effective October
				29, 2008) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-10514
)
				and 30 (effective December 19, 2016) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-10515
)
				are hereby incorporated by reference. A copy of the C.F.R. provisions may be
				obtained by contacting Apprenticeship Programs, Division of Career and Adult
				Education, Department of Education, 325 W. Gaines Street, Tallahassee, Florida
				32399.