Cal. Code Regs. tit. 5 § 19600

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 19600 - Definitions

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).

(e) "Work force preparation program" means a course of study which has as its primary goal the development of knowledge and skills that enable the student to obtain paid employment upon the successful completion of the course of study, and includes

(1) vocational education or training offered by an adult school or program operated by a school district or county office of education, or by regional occupational centers or programs, which require a student to attend classes a minimum of ten (10) hours a week for regional occupational centers or programs or twelve (12) hours a week for adult schools or programs while completing the course requirements and which provide a certificate of completion, competency, or employability upon the successful completion of the course; and

(2) apprenticeship programs in which a person has entered into an "apprentice agreement" with an employer or program sponsor; and the term of the apprenticeship for each apprenticeable occupation has been approved by the Chief of the Division of Apprenticeship Standards, Department of Industrial Relations, and provides for no less than 2,000 hours of reasonably continuous employment for the apprentice and provides for his or her participation in an approved program of training through employment and through education in related and supplemental subjects.

Cal. Code Regs. Tit. 5, § 19600

1. New subchapter 4 (sections 19600-19601) and section filed 7-3-98 as an emergency; operative 7-3-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-2-98 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-3-98 order transmitted to OAL 10-13-98 and filed 11-23-98 (Register 98, No. 48).

Note: Authority cited: Section 33031, Education Code. Reference: Section 56026, Education Code; Section 15037.1, Unemployment Insurance Code; Sections 11200 and 14000, Welfare and Institutions Code; Section 2011, U.S. Code Title 17; and Sections 794 and 1603, U.S. Code Title 29.