California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 23 - Miscellaneous Provisions › Subchapter 4 - Performance Based Accountability System › Section 19600 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of local education agency data collection
					 and reporting under the Performance Based Accountability (PBA) System
					 established pursuant to Unemployment Insurance Code Section
					 15037.1,
					 the following terms shall have these meanings:
(a) "Participant" means a student who is
				  enrolled in a work force preparation program who authorizes the release of his
				  or her social security number and other personal information for use in the PBA
				  System as specified on the PBA Privacy Notice and Student Consent Form (June
				  1998).
(b) "PBA System" means the
				  comprehensive performance based accountability system established pursuant to
				  Unemployment Insurance Code Section
				  15037.1
				  as an education and job training report card program to assess the
				  accomplishments of California's work force preparation system.
(c) "PBA Privacy Notice and Student Consent
				  Form (June 1998)" means the form required by Unemployment Insurance Code
				  Section
				  15037.1(e),
				  as modified by the Superintendent of Public Instruction pursuant to
				  Unemployment Insurance Code Section
				  15037.1(f),
				  which is to be distributed to all students enrolled in work force preparation
				  programs operated by local education agencies and which informs students of the
				  purposes and authority for soliciting the student's social security number, the
				  student's right to consent or decline to participate, and the types of personal
				  information about each student who authorizes release of the data that will be
				  provided to the California Department of Education for transmission to the
				  State Job Training Coordinating Council (SJTCC) or its agent for use in the PBA
				  System.
(d) "PBA Student Data
				  Profile (June 1998)" means the report of personal information on each student
				  who agrees to participate in the PBA System that is submitted to the California
				  Department of Education for transmission to the SJTCC or its agent. In addition
				  to name, birth date, gender, social security number, and the dates of
				  enrollment in and departure from the work force preparation program, the PBA
				  Student Data Profile (June 1998) will report the following information, as
				  defined, on each participant:
(1) "Amount of
				  service/training" means the number of hours of instruction or training
				  completed by the participant while enrolled in the work force preparation
				  program.
(2) "Basic skills
				  deficient" means the participant is an individual (other than one with
				  disabilities)
(A) who demonstrates basic
				  skills equivalent to or below that of students at the fifth grade level;
				  or
(B) has been placed in the
				  lowest or beginning level of an adult education program when that program does
				  not use grade level equivalencies as a measure of student's basic
				  skills.
(3) "Disability
				  status" means whether the participant
(A) has
				  been evaluated according to special education requirements contained in Part 30
				  (commencing with Section
				  56000) and meets eligibility
				  criteria described in Section
				  56026 of
				  the Education Code; or
(B) is
				  considered disabled under Section
				  504 of the Rehabilitation Act of
				  1973 (29 U.S.C. §
													794).
(4) "Dislocated worker" means an individual
				  who
(A) has been terminated or laid off or
				  has received a notice of termination or layoff from employment, is eligible or
				  has exhausted his or her entitlement to unemployment compensation, and is
				  unlikely to return to his or her previous industry or occupation; or
(B) has been terminated or received a notice
				  of termination of employment as a result of any permanent closure of or any
				  substantial layoff at a plant, facility, or enterprise; or
(C) is long-term unemployed and has limited
				  opportunities for employment or reemployment in the same or a similar
				  occupation in the area in which he or she resides, including older individuals
				  who may have substantial barriers to employment by reason of age; or
(D) was self-employed (including farmers and
				  ranchers) and is unemployed as a result of general economic conditions in the
				  community in which he or she resides or because of natural
				  disasters.
(5) "Displaced
				  homemaker" means an individual who
(A) is an
				  adult; and
(B) has worked as an
				  adult primarily without remuneration to care for the home and family, and for
				  that reason has diminished marketable skills; and
(C) is one of the following:
1. has been dependent on public assistance or
				  on the income of a relative but is no longer supported by that income;
				  or
2. is a parent whose youngest
				  dependent child will become ineligible to receive assistance under Chapter 2
				  (commencing with Section
				  11200) of Part 3 of Division 9 of
				  the Welfare and Institutions Code (known as "CalWORKS") or any successor
				  program, within two (2) years of the parent's enrollment in this work force
				  preparation program; or
3. is
				  unemployed or under employed and is experiencing difficulty in obtaining any
				  employment or suitable employment as appropriate; or
4. is described in (A) and (B) of this
				  definition and is a criminal offender.
(6) "Economically disadvantaged" means an
				  individual who:
(A) is eligible for aid under
				  Chapter 2 (commencing with Section
				  11200) of Part 3 of Division 9 of
				  the Welfare and Institutions Code (known as "CalWORKS"), or any successor
				  program; or
(B) is eligible for
				  benefits under the Food Stamp Act of 1977 (7 U.S.C. §
													2011);
				  or
(C) meets financial eligibility
				  standards for the MediCal Program as established in Chapter 7 of the Welfare
				  and Institutions Code (commencing with Section
				  14000); or
(D) is eligible for participation in programs
				  assisted under Title II of the Job Training Partnership Act (29 U.S.C. §
													1603).
(7) "Education attainment at program entry"
				  means the number of years of formal schooling an individual completed prior to
				  entry into the work force preparation program.
(8) "Ethnicity" means the ethnic category
				  which most closely reflects the individual's recognition in the community. The
				  categories to be collected are:
(A) American
				  Indian or Alaska Native: a person having origins in any of the original peoples
				  of North America and who maintains cultural identification through tribal
				  affiliation or community recognition.
(B) Asian: a person having origins in any of
				  the original peoples of the Far East, Southeast Asia, or the Indian
				  subcontinent.
(C) Pacific Islander:
				  a person having origins in any of the original peoples of the Polynesian,
				  Micronesian, or Melanesian islands (excludes the Philippine Islands).
(D) Filipino: a person having origins in any
				  of the original peoples of the Philippine Islands.
(E) Hispanic: a person of Mexican, Puerto
				  Rican, Cuban, Central or South American, or other Spanish culture or
				  origin--regardless of race.
(F)
				  Black, not of Hispanic Origin: a non-Hispanic person having origins in any of
				  the Black racial groups of Africa.
(G) White, not of Hispanic Origin: a
				  non-Hispanic person having origins in any of the original peoples of Europe,
				  North Africa, or the Middle East; e.g., England, Portugal, Egypt, and
				  Iran.
(9) "Learner
				  results" means outcomes from participating in the work force preparation
				  program which include, but are not limited to, the following: received a
				  certificate of completion, competency, or employability; obtained full-time
				  employment; received a promotion in current employment situation; upgraded
				  skills for current employment; enrolled in a community college; enrolled in a
				  four-year college or university; entered advance training at an institution
				  other than higher education; and entered an apprenticeship program.
(10) "Limited-English-proficient" means an
				  individual
(A)
1. whose native language is a language other
				  than English; or
2. who came from
				  an environment where a language other than English is dominant; or
3. who is an American Indian or an Alaskan
				  Native and came from an environment where a language other than English had a
				  significant impact on his or her level of English language proficiency;
				  and
(B) who by reason
				  thereof, has sufficient difficulty speaking, reading, writing, or understanding
				  the English language to deny the individual the opportunity to learn
				  successfully in classrooms where the language of instruction is English or to
				  participate fully in our society.
(11) "Non-traditional training" means
				  education or training to prepare the student for employment in an occupational
				  area in which twenty-five (25) percent or fewer of the job holders are the same
				  sex as the student.
(12) "Program
				  completer" means an individual who has completed a work force preparation
				  program and has been granted a certificate of completion, competency, or
				  employability.
(13) "Program
				  leaver" means an individual who enrolled in a work force preparation program
				  and who attended 20 or more course hours but discontinued attendance without
				  completing the program requirements.
(14) "Reasons for leaving prior to
				  completion" includes but is not limited to the following: obtained employment,
				  moved from area, schedule conflict, transportation problems, child care needs,
				  family issues, personal health problems, lack of interest, public safety
				  concerns, administratively separated from program.
(15) "Type of service" means the services
				  received while in the work force preparation program. The term includes but is
				  not limited to the following:
1.
				  assessment/counseling
2. personal
				  development training
3.
				  counseling/career development
4.
				  job development/job search assistance
5. occupational skills training
6. on-the-job training
7. work experience
8. pre-employment skills/job readiness
				  training.
(16) "Type of
				  training" means one or more of the work force preparation programs offered by
				  regional occupational centers/programs or adult education programs.
(17) "Veteran status" means whether the
				  student is an individual who has served in the armed forces of this country for
				  at least 181 consecutive days since January 31, 1995, and who has been
				  discharged or released under conditions other than dishonorable, but does not
				  include any person who served only in auxiliary or reserve components of the
				  armed forces whose services therein did not exempt him or her from the
				  operation of the Selective Training and Services Act of 1940 (54 Stat.
				  885).