EXECUTIVE SUMMARY
Pursuant to Act 684 of 1989; Acts 546, 553, and 10 of
1991; and as amended by Act 830 of 1993, Act 140 of 2015, Act 1122 of 2015, and
Act 369 of 2019
A. Objectives
of Apprenticeship Training: The objectives of apprenticeship training are to
(1) help fill the country's industrial, commercial, and private sector needs
for qualified, skilled craft persons; (2) teach and develop good work habits;
(3) assure that skills are passed from one generation to the next; (4) provide
a concurrent and or alternative to other educational programs for those high
school graduates who want to enter the trade or technical fields; and (5) offer
a training program in which an individual earns while learning.
B. General: Apprenticeship training is a
method of training an individual in a skilled occupation through a combination
of on-the-job training and related classroom instruction. Both on-the-job
training and related classroom instruction are required to produce a skilled
worker. Apprenticeship develops a most valuable asset -development of a skilled
and knowledgeable workforce in which the people have made an investment through
the educational system. Less tax support is required for apprentice training
programs because of the contributions of segments of the industry employing the
apprentices. Because the apprentices are working students, they are taxpayers.
In many cases apprentices contribute more money to the tax system than the cost
to the system of their education. The self-sufficient apprentice working toward
greater employability makes a better citizen. The public is assured of a higher
quality of workmanship in the products they use or consume. The apprentices are
potential business and community leaders of the future as well as stable
workers and citizens.
C.
Eligibility for Apprenticeship: Applicants must be citizens of the United
States or legally qualified to work if they are not citizens. There can be no
discrimination among qualified applicants because of race, creed, color, sex or
national origin. Minimum age and education requirements are established by the
individual training committees. Normally the minimum age will vary from 16 to
18. In most cases a high school education is required. Usually the required
education equivalency may be established through the General Education
Development Certificate. Various other qualifications are established by each
training committee to meet the needs of its particular craft. Under no
circumstances will the apprenticeship system discourage any person from
completing a high school education in order to enter an apprenticeship
program.
D. The Apprenticeship
Committee: Apprenticeship training programs are normally conducted by a sponsor
or sponsors through a training committee. These committees also are known as
Local Apprenticeship Committees. If there is more than one sponsor, each is
represented equally on the committee. If management and labor co-sponsor a
program, each is equally represented and the committee is called a Joint
Training Committee or Joint Apprenticeship Committee. The apprenticeship
committee is an autonomous local group which provides for the orderly operation
of the apprentice training program for a particular craft or technical area.
Each trade or craft will have its own committee.
E. Instructors: Related classroom instructors
are selected/recommended to the local education agency by the training
committee. Instructors should have a high school education or establish,
through a general education development test, that they have the equivalent of
such education. Five years of experience may be required in the appropriate
trade or technical area with at least two of these years as a journeyman. The
instructors are encouraged to continue their own education through available
means. For teaching such subjects as craft-related mathematics and blueprint
reading, persons other than the journeyman are considered; teachers with the
ability to relate subject matter to job conditions may be used for these
subjects with the approval of the local education agency.
F. Monitoring and Evaluation: After
establishing a program, one of the prime concerns of the committee is the
monitoring and evaluation of the training. This is a responsibility of the
Local Apprenticeship Committee, U.S. Department of Labor, Office of
Apprenticeship (USDOL/OA), and the State Apprenticeship Office (SAO) of the
Arkansas Department of Commerce, Office of Skills Development, through which
funds are provided. It provides a means of determining the effectiveness of the
instructors and of the training program. Monitoring of classes begins
immediately where new instructors are involved. This is advantageous to the
Local Apprenticeship Committee in determining where deficiencies may exist. To
determine whether or not the training program is accomplishing its purpose, the
Local Apprenticeship Committee relies on employee reports and testing of
students in the classroom. Changes are incorporated where needed. Evaluations
are made less often in older programs or those with experienced instructors.
The requirements will vary among trades and technical committees, with each
committee determining its own needs.
G. Funding: Act 10 of 1991 allows eligible
recipients (program sponsors) to submit applications for funds to improve
apprenticeship related classroom instruction. All application amounts will be
developed on the basis of the current contact hour rate not to exceed a maximum
contact hour rate established by the Arkansas Apprenticeship Coordination
Steering Committee (AACSC). Depending on the number of programs, the current
contact hour rate of funding may be less than the maximum rate established. The
AACSC in consultation with the State Apprenticeship Office, the Department of
Commerce, Office of Skills Development, shall establish the current contact
hour rates. Normally, programs will be funded up to a maximum of 160 hours of
instruction per instructor.
Pursuant to Act 684 of 1989, a public school district and a
state postsecondary/higher education institution may receive an administrative
fee to cover the costs of processing the records of the apprentice which shall
not exceed $25 per apprentice per school year. No more than 15% of the state
funds may be used by the program sponsor for administrative purposes such as
supervisory and/or secretarial salaries, travel, office supplies, etc. The
AACSC may require an independent audit (to be paid for by the program) of any
program.
H. Application:
Every application must address each of the requirements of the application. The
State Apprenticeship Office reserves the right to reject any and all
applications that address only part of the requirements contained in the
application. It should be clearly understood that an approved application will
not necessarily receive the requested amount if a lesser amount is determined
to be appropriate.
One application with original signatures must be submitted.
Applications sent by mail should be addressed to:
State Apprenticeship Office
Arkansas Department of Commerce, Office of Skills
Development
#3 Capitol Mall
Little Rock, AR 72201-1083
Hand delivered applications will be accepted at the above
address daily between 8 a.m. and 4 p.m., except Saturdays, Sundays, and
holidays. In establishing the time and date of receipt, the State
Apprenticeship Office will rely solely on the date stamp of the State
Apprenticeship Office, Arkansas Department of Commerce, Office of Skills
Development.
I. Program
Starting and Ending Dates: The local program sponsor may determine the need for
providing apprenticeship programs at various times during the year. Therefore
an application may be submitted at any time. However, the application will be
reviewed and approved/disapproved at selected times. Due to the limits on
program improvement funds and the need to use these funds efficiently, the
AACSC will establish deadline dates each year.
J. Registered Apprentices and Programs: All
apprentices and apprenticeship programs must be registered with the USDOL/OA.
Requests for appeals to the approval and/or funding process should be addressed
to:
Director
Department of Commerce, Office of Skills Development
#3 Capitol Mall
Little Rock, AR 72201-1083
Telephone: 501-682-1500
K. Inquiries: Inquiries concerning the
apprenticeship programs, improvements funds, services, and activities should be
directed to the SAO, telephone 501-682-1360 or FAX 501-682-1355.
SECTION I.
AUTHORITY
The following rules and regulations are duly adopted and
promulgated by the Career Education and Workforce Development Board pursuant to
the authority expressly conferred by the laws of the State of Arkansas in Act
684 of 1989, and Acts 546, 553, and 10 of 1991 and as amended by Act 830 of
1993, Act 140 of 2015, Act 1122 of 2015, and Act 369 of 2019. The Career
Education and Workforce Development Board may exercise such powers as are
necessary to carry out the provisions of these Acts and the associated rules
and regulations.
SECTION
II.
DEFINITIONS
APPRENTICE: An APPRENTICE is an individual
enrolled in an apprenticeship training program that is registered by the
USDOL/OA, working at their chosen occupation, who has a signed indenture
agreement on file with OA and, when working in an occupation where a license is
required, has been issued such a license.
APPRENTICE COORDINATOR: An APPRENTICE COORDINATOR
is the person designated by the program sponsor to be the primary contact
person for the program and to coordinate the program.
APPRENTICESHIP TRAINING PROGRAM: An APPRENTICESHIP
TRAINING PROGRAM is a training program that provides on-the-job training,
preparatory instruction, supplementary instruction, or related instruction in a
trade that has been registered/certified as an apprenticeable occupation by the
USDOL/OA.
ARKANSAS APPRENTICESHIP COORDINATION STEERING COMMITTEE
(AACSC): The AACSC is a committee appointed by the Governor of the State
of Arkansas who represent bargaining agents, employers, minorities and female
workforce, the general public, and educators whose purpose is to oversee the
operation and funding of apprentice training programs in the State of
Arkansas.
APPRENTICEABLE OCCUPATION: An APPRENTICEABLE
OCCUPATION is an occupation recognized by the USDOL/OA and throughout an
industry as a skilled occupation learned through structured on-the-job training
requiring at least 2,000 hours of per year supplemented by related instruction
requiring at least 144 hours per year or as approved by USDOL/OA.
APPRENTICESHIP: APPRENTICESHIP is a learning
approach that enables an individual to become a qualified professional in a
skilled occupation. This training consists of on-the-job training with job
related (off-the-job) instruction.
APPRENTICESHIP STANDARDS: APPRENTICESHIP STANDARDS
are the rules and regulations that the sponsor registers with the USDOL/OA that
describes the way in which an apprenticeship training program will be
conducted.
OA: OA stands for the Office of Apprenticeship of
the United States Department of Labor.
CONTACT HOUR: A CONTACT HOUR is a block of contact
time of 60 minutes during which an apprentice receives instruction in a
supervised classroom or laboratory environment. State funding can be requested
in 15 minute increments
INDENTURE AGREEMENT: An INDENTURE AGREEMENT is a
signed agreement between the apprentice and the sponsoring entity, person or
firm. This agreement includes the basic standard rules and regulations of the
particular program and are registered (filed) with the USDOL/OA.
JOURNEYMAN: A JOURNEYMAN is an individual who has
(if required) completed an apprenticeship training program and been released
from their indenture agreement, has been recognized by their peers as having
attained journeyman status, has by examination or other proof of competence
demonstrated their ability to perform work as a journeyman, or when working in
an occupation requiring a journeyman license has been issued such a
license.
LOCAL EDUCATION AGENCY (LEA): The LEA is a public
community college, technical college, secondary or post-secondary
vocational-technical school, technical institute, university, life-long
learning center, adult education center, area vocational center, or a public
school system that has an assigned "LEA Number" recognized or accepted by the
Arkansas Department of Education and the Department of Commerce, Office of
Skills Development.
ON-THE-JOB TRAINING (OJT): Each apprentice must
receive on-the-job training and related instruction concurrently. On-the- job
training is defined as work performed at a job or work site that relates to the
classroom training received by the apprentice or trainee. This training should
reinforce the theoretical or classroom skills gained in the classroom and
requires proper and direct supervision at all times.
PREPARATORY INSTRUCTION: PREPARATORY INSTRUCTION
is a course of instruction lasting six months or less that teaches the basic
skills required for an individual to enter the workforce.
PROGRAM SPONSOR: The PROGRAM SPONSOR is any person
or organization operating a registered apprenticeship program. The person or
organization may be either an employer or a representative of the
apprentice.
RELATED INSTRUCTION: RELATED INSTRUCTION is
organized, off-the-job instruction in subjects required for the completion of
an apprenticeship program for a particular apprenticeable occupation. The
instruction is designed to enhance both theoretical and applied skills. The
related instruction is documented by appropriate written and/or performance
tests.
SUPERVISION: The on-the-job training must be under
the supervision of a journeyman or master.
SUPPLEMENTARY INSTRUCTION: SUPPLEMENTARY
INSTRUCTION is a course of instruction that is designed to provide new skills
or upgrade the current skills of fully qualified person in an apprentice
occupation.
SECTION Ill.
QUALIFICATIONS
A.
APPRENTICE
1. The Local
Apprenticeship Committee must adhere to the USDOL/OA Standards of
Apprenticeship in the selection of apprentices.
B.
INSTRUCTOR
The related training instructors are selected and recommended
by the Local Apprenticeship Committee. Program sponsors will set the minimum
requirements or criteria for trainers, teachers, or instructors in their
training programs. Instructors should have a high school education or be able
to establish, through a general education development test, that they have the
equivalent of such education. Five years of experience may be required in the
appropriate trade or technical area with at least two of these years as a
journeyman. The instructors are encouraged to continue their own education
through available means. For teaching such subjects as craft-related
mathematics and blueprint reading, persons other than journeymen are
considered; teachers with the ability to relate subject matter to job
conditions may be used for these subjects.
SECTION IV.
APPLICATIONS AND TERM OF
APPRENTICESHIP REGISTRATION
All apprentices shall be placed under a written apprenticeship
agreement between the employer and the apprentice. Each agreement shall be
registered by the USDOL/OA. The term of apprenticeship shall be consistent with
training requirements established by USDOL/OA approved standards.
SECTION V.
PROBATIONARY
PERIOD
A probationary period reasonable in relation to the
apprenticeship term, with full credit for such time toward completion of
apprenticeship will be established. The apprenticeship agreement may be
terminated at the request of either party to the agreement. After the
probationary period, the agreement may be canceled only after adequate cause
has been shown, and all parties to the agreement have had an opportunity to be
heard.
SECTION VI.
WORKING CONDITIONS AND SAFETY
The working conditions and safety afforded an apprentice shall
be the same as that of a journeyman in the trade or technical area.
SECTION VII.
RELATED
INSTRUCTION
The apprentice will be required to attend classes of related
theoretical instruction. A minimum of 144 hours per year or as mandated in the
standards of apprenticeship. Safety instruction will be included as part of the
curriculum provided in the classroom or other organized courses of related
instruction. School attendance shall not be considered as hours worked. In
accordance with Apprenticeship Standards, an employer may or may not pay
apprenticeship wages for related instruction time. Written documentation of the
training consisting of time or attendance sheets, student sign-in sheets, or
other documentation as approved by the SAO and/or the AACSC will be kept on
file by the program sponsor for a period of not less than five (5)
years.
SECTION VIII.
APPRENTICESHIP AGREEMENT
The Apprentice shall be required to sign an apprenticeship
agreement, which shall also be signed by an employer and by the Local
Apprenticeship Committee. Every apprentice entering into an apprenticeship
agreement shall be given the opportunity of reviewing the standards. The
following parties should receive a copy of the completed apprenticeship
agreement:
A. The Apprentice
B. The Local Apprenticeship
Committee
C. The Employer
The following agency must receive a copy of the
agreement:
* USDOL/OA.
SECTION IX.
THE ARKANSAS APPRENTICESHIP
COORDINATION STEERING COMMITTEE (AACSC)
To conduct business associated with apprenticeship training,
the AACSC will be reimbursed travel as per State travel regulations in effect
at the time the expense was incurred to attend official scheduled meetings as
well as a stipend approved by the State of Arkansas
SECTION X.
DUTIES OF THE LOCAL
APPRENTICESHIP COMMITTEE
The Local Apprenticeship Committee shall adhere to their
USDOL/OA Standards of Apprenticeship:
A. Establish standards and goals for
preparatory instruction, supplementary instruction, and related Instruction for
apprentices in the program;
B.
Establish, distribute, and enforce rules governing on-the-job training and
other instruction for apprentices in the program;
C. Plan and organize instructional materials
designed to provide technical and theoretical knowledge and basic skills
required by apprentices in the program;
D. Select/Recommend qualified instructors for
the program;
E. Monitor and
evaluate the performance and progress of each apprentice in the program and the
program as a whole;
F. Establish a
selection process that is fair and unbiased, interview candidates, and select
those most qualified for entrance into the program;
G. Provide a system for the keeping of
records of the on-the-job training, classroom instruction and testing, and the
progress of each apprentice;
H.
Encourage instructors to maintain recommended qualifications; and
I. Perform any other duties which, in the
opinion of the Local Apprenticeship Committee, promote the goals of individual
apprentices and of the program as a whole.
SECTION XI.
GUIDELINES ON HOW THE
SPONSOR INITIATES AN APPRENTICESHIP PROGRAM
An apprenticeship program must be managed by the apprenticeship
sponsor. The sponsor may subcontract the management of their program to an LEA
for any of the services listed below. The USDOL/OA Standards of Apprenticeship
must be followed. The sponsor's responsibilities include:
Establishing the administrative policies governing on-the-job
training and other instruction for apprentices in the program;
Establishing standards and goals for preparatory, supplemental
and related instruction for apprentices enrolled in the program;
Planning and organizing instructional materials designed to
provide the job related instruction to enable the apprentices to demonstrate
knowledge and skill competencies for job related subjects;
Selecting/Recommending qualified instructors for the
program;
Interviewing applicants and selecting those most qualified for
entrance into the apprentice program.
Monitoring and evaluating the performance and progress of each
apprentice in the program and the program as a whole;
Providing for the maintenance of records for each apprentice of
their on-the-job training and progress through the related instruction;
Ensuring that the instructors maintain recommended
qualifications.
Providing for continual improvement of the program; and
Ensuring that an appropriate Affirmative Action Plan is in
place.
Upon Completion of the steps listed above, the following
results will have been obtained:
The sponsor will have a program certified and registered by the
OA.
The sponsor will have a designated apprentice
coordinator.
The sponsor will have OA registered apprentices.
SECTION XII.
PROCEDURES FOR
START-UP OF TRADITIONAL APPRENTICESHIP TRAINING
A.
PROCEDURES FOR APPLICATION:
1. The sponsors will be eligible to apply for
apprenticeship funds based on the number of contact hours of related
instruction: 160 hours X authorized number of instructors X established rate
per hour.
2. The SAO will send a
letter along with appropriate forms (Application Packet) following the
regularly scheduled AACSC meeting of each year requesting preliminary contact
hours and other information to LEAs/program sponsors.
3. No later than the established deadline
date, the LEA/sponsor will send their Annual Application Forms to the SAO for
the contract period.
4. NOTE: The
application with original signatures must be submitted to the SAO.
Hand-delivered applications will be accepted between 8 a.m. and 4 p.m.,
excepting Saturdays, Sundays, and holidays. The date stamp of the
Apprenticeship Office will be used to establish the time of receipt.
5. The SAO in consultation with the AACSC
will notify LEA's/sponsors of the contact hour rate based on these estimates.
Programs will be reimbursed at the current contact hour rate in
effect at the time the programs are approved for funding by the AACSC. (The
current contact hour rate will never exceed a maximum contact hour rate
established by the AACSC. Depending on the number of programs and apprentices,
the current contact hour rate of funding may be less than the maximum rate
established. The AACSC in consultation with the SAO, Arkansas Department of
Commerce, Office of Skills Development shall establish the current contact hour
rate.)
NOTE: No more than 15% of the state funds may be used by the
program sponsor for administrative purposes such as supervisory and/or
secretarial salaries, travel, office supplies, etc.
6. The AACSC in coordination with the SAO
will review/approve/disapprove all funding requests that are associated with
each Class Organization Report (i.e. each Apprenticeship Training
Program).
7. Each LEA/sponsor must
submit the Attendance/Contract Hour Report (Form WE-APP-237) and the
Reimbursement Request form (Form WE-App-236) showing actual student
attendance
8. NOTE: The LEA may
elect to charge and receive an administrative fee to cover the costs of
processing the records of the apprentice and reimbursement requests of the
program sponsor. Pursuant to Act 684 of 1989, a public school district and a
state postsecondary or higher education institution may charge an
administration fee, not to exceed $25per apprentice per school year.
SECTION XIII.
FUNDING AND OTHER INFORMATION
A.
RESPONSIBILITIES AND ACTIONS
1.
To ensure that all citizens of Arkansas have an equal opportunity to benefit
from the apprenticeship training programs, the Department of Commerce, Office
of Skills Development shall make every reasonable effort to give statewide
notification to potential program sponsors the following information:
a. The amount of funds that will be available
to support apprenticeship training programs during the current and following
fiscal years, and
b. Other
Information recommended by the AACSC and approved by the Arkansas Department of
Commerce, Office of Skills Development.
NOTE: The method of providing the above information will be
recommended by the AACSC.
2. On the recommendation and/or coordination
with the AACSC, the Arkansas Department of Commerce, Office of Skills
Development/State Apprenticeship Office has the responsibility to:
a. Adopt formulas and administrative
procedures to be used in requesting appropriations of state funds as a
budgetary line item for the apprenticeship system.
NOTE: This does not include retroactive reimbursement prior to
January 1. Claims for class attendance reimbursement cannot be approved for
classes conducted before the Annual Application Form (WE-APP-242) is
approved.
NOTE: The percentage of funds appropriated for apprenticeship
instruction programs shall be established by the formulas adopted on the
recommendation of the AACSC.
3. No funds shall be distributed to an LEA or
a program sponsor until the LEA or sponsor has filed all reports required by
the AACSC and the Arkansas Department of Commerce, Office of Skills
Development.
4. After all paper
work and reimbursement requests have been submitted, programs should allow one
month for processing.
5. Annual
funding for a program will be limited to a maximum of one hundred and sixty
hours unless otherwise approved by the AACSC.
6. Each instructor should have no more than
25 apprentices per class.
7. A
program may be co-sponsored by an LEA (public school, post-secondary
vocational-technical school, technical institute, technical college, community
college, or four-year institution of higher education. See "definitions")
pursuant to a contract between the district or institution and a Local
Apprenticeship Committee and/or sponsor.
8. Pursuant to Act 684 of 1989, a public
school district, a state post-secondary/higher education institution may
receive an administrative fee to cover the costs of processing the records of
the apprentice which shall not exceed $25 per apprentice per school
year.
9. No more than 15% of the
state funds may be used by the program sponsor or administrative purposes such
as supervisory and/or secretarial salaries, travel, office supplies,
etc.
D.
USAGE OF
FUNDS
1. Payroll costs: May include
salaries and fringe benefits for supervisors, a secretary, a clerk and
instructors. (Fringe benefits must be in compliance with local policies.) No
more than 15% of the state funds may be used by the program sponsor for
administrative purposes such as supervisory and/or secretarial salaries,
travel, office supplies, etc.
2.
Purchased and contracted services: May include rental of instructional space;
detailed information is required. Consulting fees are not eligible
expenses.
3. Supplies and
instructional materials: May include items necessary for the, instructional
process, such as paper, pencils, workbooks, and consumable construction and
industrial materials consumed or used by the apprentice; also, supplies needed
to properly administer the program.
4. Other operations expense which may be
considered: Funds may be utilized by apprenticeship instructor(s) for travel to
and from related instruction inservice or workshops provided by the Arkansas
Department of Commerce, Office of Skills Development or the sponsor.
SECTION XIV.
GUIDELINES FOR ADMINISTERING AN APPRENTICESHIP PROGRAM
A.
GENERAL GUIDELINES: In
general, the instruction should:
Reflect the current skill of the occupation for which the
apprentice is learning to become competent;
Periodically be up-dated to reflect the changing skills of the
occupation; Be for the occupation for which the apprentice is
registered;
Simulate the job environment as much as possible; and
Be of sufficient duration and depth to ensure that the
apprentice is able to become fully qualified to perform the tasks of their
chosen occupation.
B.
SPECIFIC GUIDELINES: The guidelines listed below are more specific
and are intended to standardize the administration of the instruction.
The time an apprentice spends in instruction should correspond
with the time of their apprenticeship.
The instruction should provide off-the-job skills
development.
The instruction is generally made available through unit
classes organized by occupation, group study in which two are more occupations
are represented in the class, and/or in-house courses.
The approval to issue credit for previous work experience is
the responsibility of the program sponsor.
C.
INSTRUCTION: Apprenticeship
instruction programs provide the necessary off-the-job learning experiences
that help the apprentice become qualified in their chosen apprenticeable
occupation. Programs are organized for apprentices by the program sponsor using
several formats. The format selection depends on:
The number of apprentices in the occupations,
The needs of the program sponsors, and
The availability of classroom and laboratory facilities.
D.
CORRESPONDENCE COURSE:
Since there are no contact hours associated with correspondence
courses, they do not meet the criteria for state funding.
SECTION XV.
APPEALS
Any appeals concerning the above regulations and/or process for
Implementing should be addressed to:
Director
Arkansas Department of Commerce, Office of Skills
Development
#3 Capitol Mall
Little Rock, AR 72201 - 1083