(a) Each
apprenticeship program shall annually prepare and submit a Self-Assessment
Review as well as a Program Improvement Plan to the Chief DAS; provided,
however, that a program is not required to submit a Review and a Plan in the
first year of its existence.
(b)
The Self-Assessment Review shall contain an objective and critical appraisal of
the following items at a minimum:
(1)
curriculum and instruction;
(2)
supervision and management;
(3)
individual apprentice training plans;
(4) use of competent and qualified
personnel;
(5) utilization of
facilities, equipment and material;
(6) community, business and industry
involvement;
(7) recruitment,
assessment and placement;
(8)
program promotion;
(9) program
accountability;
(10) safety and
drug-free environmental training; and
(11) training in the recognition of sexual
harassment and illegal discrimination, including the anti-harassment and
anti-discrimination training required under Labor Code section
3073.9,
subdivision (c)(4)(A).
(c) The Program Improvement Plan shall
contain provisions by which the program sponsor(s) represent that good faith
efforts shall be made to improve identified deficiencies in program operations
and in the training of apprentices. Such Plan shall contain at a minimum:
(1) remedial priorities;
(2) program improvement objectives;
(3) identification of personnel, resources,
and action needed; and
(4)
timelines for completion of objectives.
(d) A program may be selected for evaluation
at any time to ensure:
(1) the program is
complying with its standards;
(2)
adequate related and supplemental instruction is provided;
(3) on-the-job training is provided by a
journeyworker;
(4) all work
processes are being covered; and
(5) graduates have completed the necessary
requirements.
(e) DAS
shall select a program for priority evaluation based on the following:
(1) a finding of a deficiency made by the DAS
Chief, which shall include deficiencies noted in the program self-assessment,
program review, and deficiencies in areas listed in subsection (d);
(2) a new or newly expanded building and
construction trades industry program within one year following its
approval;
(3) a determination that
a program has been the subject of two or more meritorious complaints concerning
the recruitment, on-the-job training, or related and supplemental instruction
within a five year period;
(4) a
determination that a building and construction trades industry program has an
annual completion rate below 50 percent of the average completion rate for the
applicable trade;
(A) For purposes of this
section, the annual completion rate shall be determined by calculating the
percentage of apprentices registered in a specific industry and program who
receive a Certificate of Apprenticeship Completion by the end of the calendar
year following the expected completion date listed on their apprenticeship
agreements ("Calculation Period"). Apprentice agreements that are cancelled
within one year after execution of the agreement by the apprentice will be
excluded from this calculation. Completion rates will be determined annually on
a program and industry-wide basis.
(B) A program sponsor may, within one year
after its annual completion rate has been determined, submit a written request
to the Chief DAS to have its completion rate for that year revised to include
any apprentices who have received a Certificate of Apprenticeship Completion
within one year after the end of the Calculation Period. The request must
provide the names of the apprentices and state the reasons for their delayed
completion dates. Such requests shall be granted upon a showing of good cause,
which shall include economic conditions that limit opportunities for on-the-job
training, and personal extenuating circumstances that prevent apprentices from
completing the program within the Calculation Period.
(5) a finding of evidence that information
provided by a building and construction trades industry apprenticeship program
was purposefully misstated.
(f) A program that has been selected for
evaluation shall be notified by the Chief DAS at least 14 days prior to the
commencement of the evaluation.
(g)
An evaluation of a program shall include a review of the program records,
including records of apprentice training and related and supplemental
instruction; inspection of the program's training facilities; visits to
on-the-job training locations; and review of individual apprentice records.
Apprentice records may be reviewed by a method of random selection and not
every apprentice record need be reviewed so long as a sufficient number are
reviewed to fairly evaluate the program. DAS shall attempt to contact at least
30 percent of the apprentices who have dropped out of the program prior to
completion in the preceding five years to determine their reasons for leaving
the program. The Chief DAS shall provide a copy of the proposed evaluation
report to the program within 30 days of the completion of the evaluation. The
program shall have 14 days following receipt of the report to make comments.
The Chief DAS may reopen the evaluation in response to any comments, and shall
take into account any comments when preparing a final evaluation
report.
(h) The final evaluation
report shall contain recommendations for remedial action to correct any
deficiencies that have been identified and a proposed time schedule for doing
so. Programs that fail to follow the Chief DAS recommendations or correct
deficiencies within 90 days of the final evaluation report shall be subject to
deregistration under Section
212.4(b).
(i) Final evaluation reports shall be made
public by posting on the DAS website within 10 days following completion of the
evaluation. A copy shall be also be presented to the Council for any program
under the Council's jurisdiction. Evaluation reports shall not include the
name, address or social security number or other identifying information about
any apprentice and shall not include any medical or other confidential
information about any apprentice.
(j) The Chief DAS shall report at each
regular California Apprenticeship Council meeting on the status of each pending
evaluation for programs under the Council's jurisdiction. The Chief shall also
report on the status of evaluations that were completed in the preceding 180
days, including whether deficiencies identified in the evaluation report have
been corrected or whether a program's approval has been or is in the process of
being withdrawn.