Cal. Code Regs. tit. 5 § 30603

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 30603 - Institution Responsibilities
(a) Each Institution shall designate a Program coordinator to manage the Institution's participation, and provide the coordinator's contact information to the Commission. The coordinator shall serve as the point of contact for the Commission and Eligible Employers.
(b) Each Institution shall develop a process by which a Student may apply and be considered for a LAEP-funded position. This process shall be consistent with the Institution's existing practices and procedures, shall comply with all Program requirements, and shall include a method by which the Institution shall prioritize for available employment opportunities students who are first generation college students, current or former foster youths, or who are homeless or are at risk of being homeless, as well as prioritizing students who are majoring in a science, technology, engineering, or mathematics discipline.
(c) Institutions shall maintain appropriate documentation for each Eligible Student participating in the Program. This documentation shall include, but not be limited to, the following:
(1) Evidence that the Eligible Student meets the requirements of the Program as described in section 30602.
(2) The student agreement, if an Institution chooses to enter into an agreement with each Eligible Student.
(3) Evidence that the employment opportunity is related to the Eligible Student's area of study, career objective, or exploration of career objectives. This evidence may include self-certification from the Eligible Student or a written evaluation from Institution faculty or staff.
(4) Evidence that the Participating Employer is capable of providing full-time employment opportunities after graduation, or opportunities to connect with other employers that are capable of providing full-time employment opportunities after graduation, within the Eligible Student's area of study. This evidence shall be included in the employer agreement, or by a written statement from the Participating Employer, or by a written evaluation from Institution faculty or staff.
(5) A job description that includes, but is not limited to, the following:
(A) Name/classification of position
(B) Name and address of employer
(C) Department or office where the Eligible Student will be employed
(D) Location where the Eligible Student will perform his or her duties
(E) Name of the Eligible Student's supervisor
(F) The term of the Eligible Student's anticipated employment, including beginning and ending dates
(G) Purpose or role of the position within the organization
(H) Duties and responsibilities associated with the position
(I) Rates of pay for the position
(J) General qualifications for the position and for various levels and rates of pay associated with the position
(K) Procedures to determine an Eligible Student's rate of pay
(L) Evaluation procedures and schedules, if applicable
(6) Records of payments provided to each Eligible Student, financial need analysis documents, job descriptions, employer agreements, financial aid award documents, and time sheets.
(d) Institutions shall evaluate potential employment opportunities to determine whether each satisfies Program requirements. This evaluation shall include, but not be limited to, the following:
(1) Whether the position is educationally beneficial or related to a particular career interest, or exploration of career options.
(2) That the work performed by an Eligible Student will not be related to the activities of any sectarian organization or to any partisan or nonpartisan political activities.
(3) The Eligible Student's employment will not displace workers currently employed by the Participating Employer or impair existing contracts for services.
(4) The position will not violate any applicable collective bargaining agreements or fill any vacancies due to a labor dispute.
(5) The Eligible Student will be paid at a comparable rate to that paid for comparable positions within the employing organization. If the Participating Employer has no comparable position, the Eligible Student will be paid at a rate comparable to that paid by other organizations in the field for work involving comparable duties and responsibilities.
(6) Whether the number of hours of employment in combination with the Eligible Student's school schedule may cause potential harm to the Eligible Student's satisfactory academic progress.
(7) Whether the total compensation received by the Eligible Student will exceed the total amount authorized by the Institution.
(8) That the Participating Employer will provide reasonable supervision.
(9) That LAEP funds will not supplant any state, federal, or institutional funds used to support existing paid positions for Students.
(e) Institutions shall enter into an agreement with each Participating Employer. Each agreement shall be subject to annual renewal by mutual agreement of the Institution and Participating Employer and include, but not be limited to, the following:
(1) The maximum number of work hours allowed for the Eligible Student.
(2) The maximum amount of compensation allowed for the Eligible Student.
(3) The frequency of compensation for the Eligible Student.
(4) Responsibilities of the Institution and the Participating Employer.
(5) Guidelines to prevent Students from working in a LAEP position during scheduled class times.
(6) The manner in which each Eligible Student will be paid, including for any necessary reimbursements.
(7) The annual agreement renewal procedure.
(f) If an Institution determines an Eligible Student is no longer eligible for the Program due to a change in the Eligible Student's Program eligibility, consistent with the Institution's procedures for determining eligibility, the Institution shall alert the Participating Employer within a reasonable amount of time. In such circumstances, the Eligible Student shall be compensated for work performed prior to the Institution's determination and notice to the Participating Employer.
(g) Institutions shall notify the Commission of suspected fraud involving Program funds and cooperate with any investigation initiated by the Commission.
(h) Institutions agree to make information available to the respective offices of the UCOP, CCCCO, or CSUCO to ensure that office can compile data regarding the population served by the Program by their respective campuses, during each fiscal year and provide the data to the Commission. This information shall include, but not be limited to, funds expended, student demographic information, and information used to identify and match student records for Program evaluation purposes. Other information shall include, but not be limited to, student participation records, any prioritization efforts, student field of study, academic credit awarded, if any, form of employment, and type of employer.
(i) Institutions further agree to make information available to the respective offices of the UCOP, CCCCO, or CSUCO to allow for review of the Institution's administrative practices and to ensure compliance with Program requirements.

Cal. Code Regs. Tit. 5, § 30603

Note: Authority cited: Section 69967(a), Education Code. Reference: Sections 69952, 69958, 69960, 69962 and 69967, Education Code.

1. New section filed 10-18-2023; operative 1/1/2024 (Register 2023, No. 42).