(a) This section varies some provisions of this subpart for the
employment of minors between 14 and 16 years of age who are enrolled in
and employed pursuant to a school-supervised and school-administered
work-experience and career exploration program which meets the
requirements of paragraph (b) of this section, in the occupations
permitted under paragraph (c) of this section, and for the periods and
under the conditions specified in paragraph (d) of this section. With
these safeguards, such employment is found not to interfere with the
schooling of the minors or with their health and well-being and
therefore is not deemed to be oppressive child labor.
(b)(1) A school-supervised and school-administered work-experience
and career exploration program shall meet the educational standards
established and approved by the State Educational Agency in the
respective State.
(2) The State Educational Agency shall file with the Administrator
of the Wage and Hour Division a letter of application for approval of a
State program as one not interfering with schooling or with the health
and well-being of the minors involved and therefore not constituting
oppressive child labor. The application must include information
concerning the criteria listed in paragraph (b)(3) of this section. The
Administrator of the Wage and Hour Division shall approve the
application, or give prompt notice of any denial and the reasons
therefor.
(3) The criteria to be used in consideration of applications are the
following:
(i) Eligibility. Any student aged 14 or 15 years who authoritative
local school personnel identify as being able to benefit from the
program shall be eligible to participate.
(ii) Credits. Students shall receive school credits for both in-
school related instruction and on-the-job experience.
(iii) Size. Each program unit shall be a reasonable size. A unit of
12 to 25 students to one teacher-coordinator would be generally
considered reasonable. Whether other sizes are reasonable would depend
upon the individial facts and circumstances involved.
(iv) Instructional schedule. There shall be (a) allotted time for
the required classroom instruction in those subjects necessary for
graduation under the State's standards and (b) regularly scheduled
classroom periods of instruction devoted to job-related and to
employability skill instruction.
(v) Teacher-coordinator. Each program unit shall be under the
supervision of a school official to be designated for the purpose of the
program as a teacher-coordinator, who shall generally supervise the
program and coordinate the work and education aspects of the program and
make regularly scheduled vists to the work stations.
(vi) Written training agreement. No student shall participate in the
program until there has been made a written training agreement signed by
the teacher-coordinator, the employer, and the student.The agreement
shall also be signed or otherwise consented to by the student's parent
or guardian.
(vii) Other provisions. Any other provisions of the program
providing safeguards ensuring that the employment permitted under this
section will not interfere with the schooling of the minors or with
their health and well-being may also be submitted for use in
consideration of the application.
(4) Every State Educational Agency having students in a program
approved pursuant to the requirements of this section shall comply with
the following:
(i) Permissible occupations. No student shall be assigned to work in
any occupation other than one permitted under paragraph (c) of this
section.
(ii) Records and reports. The names and addresses of each school
enrolling work experience and career exploration program students and
the number of enrollees in each unit shall be kept at the State
Educational Agency office. A copy of the written training agreement for
each student participating in the program shall be kept in the State
Educational Agency office or in the local educational office. The
records required for this paragraph shall be kept for a period of 3
years from the date of enrollment in the program and shall be made
available for inspection or transcription to the representatives of the
Administrator of the Wage and Hour Division.
(c) Employment of minors enrolled in a program approved pursuant to
the requirements of this section shall be permitted in all occupations
except the following:
(1) Manufacturing and mining.
(2) Occupations declared to be hazardous for the employment of
minors between 16 and 18 years of age in subpart E of this part, and
occupations in agriculture declared to be hazardous for employment of
minors below the age of 16 in subpart E-1 of this part.
(3) Occupations other than those permitted under Secs. 570.33 and
570.34, except
upon approval of a variation by the Administrator of the Wage and Hour
Division in acting on the program application of the State Educational
Agency. The Administrator shall have discretion to grant requests for
special variations if the applicant demonstrates that the activity will
be performed under adequate supervision and training (including safety
precautions) and that the terms and conditions of the proposed
employment will not interfere with the health or well-being or schooling
of the minor enrolled in an approved program. The granting of a special
variation is determined on a case-by-case basis.
(i) The Administrator's decision on whether to grant a special
variation will be based on information provided in the application filed
by the State Educational Agency, and/or any supplemental information
that may be requested by the Administrator.
(ii) The Administrator's decision shall be in writing, and may
designate specific equipment safeguards or other terms and conditions
governing the work-activity approved by variation. If the request is
denied, in whole or part, the reason(s) for the decision will be
provided to the applicant, who may request reconsideration.
(iii) A special variation will be valid only during the period
covered by an approved program, and must be renewed with the filing of a
new program application.
(iv) The Administrator shall revoke or deny a special variation, in
whole or in part, where there is reason to believe that program
participants have been or will be employed contrary to terms and
conditions specified for the variation, or these regulations, other
provisions of the Fair Labor Standards Act, or otherwise in conditions
detrimental to their health or well-being or schooling.
(v) Requests for special variations and related documentation will
be available for examination in the Branch of Child Labor and Polygraph
Standards, Wage and Hour Division, Room S3510, 200 Constitution Avenue,
NW., Washington, DC 20210. Any interested person may oppose the granting
of a special variation or may request reconsideration or revocation of a
special variation. Such requests shall set forth reasons why the special
variation should be denied or revoked.
(d) Employment of minors enrolled in a program approved pursuant to
the requirements of this section shall be confined to not more than 23
hours in any 1 week when school is in session and not more than 3 hours
in any day when school is in session, any portion of which may be during
school hours. Insofar as these provisions are inconsistent with the
provisions of Sec. 570.35, this section shall be controlling.
(e) The employment of a minor enrolled in a program pursuant to the
requirements of this section must not have the effect of displacing a
worker employed in the establishment of the employer.
(f) Programs shall be in force and effect for a period of two (2)
school years from the date of their approval by the Administrator of the
Wage and Hour Division. A new application for approval must be filed at
the end of that period. Failure to meet the requirements of this section
may result in withdrawal of approval.
(The information collection requirements contained in paragraphs
(b)(3)(vi) and (4) were approved by the Office of Management and Budget
under control number 1215-0121)
[40 FR 40801, Sept. 4, 1975; 40 FR 44130, Sept. 25, 1975; 47 FR 145,
Jan. 5, 1982; 47 FR 28095, June 29, 1982, as amended at 49 FR 18294,
Apr. 30, 1984; 60 FR 19339, Apr. 17, 1995]
