SECTIONS 78249 - California Statutes

EDUCATION CODE

SECTION 78249

78249. (a) Notwithstanding any provisions of this code or the Labor
Code to the contrary, the community college district under whose
supervision work-experience education, or occupational training
classes held in the community, as defined by regulations adopted by
the board of governors, are provided shall be considered the employer
under Division 4 (commencing with Section 3200) of the Labor Code of
persons receiving the training unless the persons during the
training are being paid a cash wage or salary by a private employer,
or unless the person or firm under whom those persons are receiving
work experience or occupational training elects to provide workers'
compensation insurance. An apprentice, while attending related and
supplemental instruction classes, shall be considered to be in the
employ of the apprentice's employer and not subject to this section,
unless the apprentice is unemployed. Whenever the work-experience
education, or occupational training classes held in the community,
are under the supervision of a regional occupational center or
program operated by two or more community college districts pursuant
to Section 52301, the district of residence of the persons receiving
the training shall be deemed the employer for the purposes of this
section.
(b) Sections 1292, 1293, and 1294 of the Labor Code shall not
apply to work-experience education programs established pursuant to
this article if the work-experience coordinator determines that the
students have been sufficiently trained in the employment or work
otherwise prohibited, if parental approval is obtained, and the
principal or the counselor of the student has determined that the
progress of the student toward graduation will not be impaired.