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board_policy:jk
Status Adopted
Original Adopted Date 03/23/2000
Last Revised Date 03/21/2011
Last Reviewed Date 03/21/2011

JK: Work Certificates

Under state law, children between the ages of 14 and 16 must first obtain a work certificate to be employed during the regular school year, as defined by the school calendar of the school the child attends. The School of the Osage Board of Education believes that it is in the best interest of children to focus on educational opportunities and to delay entering the workforce until the student has proven successful in the classroom. The Board recognizes that there may be circumstances in which children may benefit from employment, and the Board will support the child's initiative to the extent that the child may be employed and still progress educationally.

District employees are directed to notify the Missouri Department of Labor and Industrial Relations if they receive information that indicates that a child is being employed without a certificate or if the nature or length of employment violates state or federal laws. In accordance with law, the district will not charge a fee for work certificates.

Authorized Employees

By law the following district employees may issue work certificates:

1. The superintendent.

2. A person holding a student services certificate who is authorized in writing by the superintendent.

3. A person designated in writing by the superintendent when the person with a student services certificate is not available or, if the district does not employ a person with a student services certificate, when the superintendent is not available.

4. A principal or another administrator designated by the principal, but only for students attending the school he or she administers.

Authorized district employees will only issue work certificates in accordance with law and when they are satisfied that employment will serve the best interest of the child. Except as permitted for home-schooled students, no district employee may issue a work certificate to his or her own child.

Work Certificates Issued by a School of the Osage Principal or Designee

Prior to issuing a work certificate to a School of the Osage student, a principal or a person designated by a principal to issue work certificates will provide a self-certification that he or she understands the requirements in existing law for issuing a work certificate. A copy of this self-certification will be maintained in the personnel record of the principal or designee.

The principal or designee will submit a copy of each work certificate he or she issues, along with copies of supporting documentation, to the superintendent. The superintendent may revoke the work certificate if the superintendent becomes aware of any grounds upon which the student may be deemed ineligible for a work certificate under existing law. The superintendent will provide the student and the person employing the student written notice of the revocation and the reasons for the revocation.

Work Certificates Issued by the Principal or Designee of a Private School

In accordance with law, the principal of a private school located in the School of the Osage may issue work certificates and is required to submit a copy of the work certificate to the superintendent of the School of the Osage. The superintendent may revoke the work certificate if he or she becomes aware of any grounds upon which the child may be deemed ineligible for a work certificate under existing law.

Requirements

District employees authorized to issue work certificates (authorized employees) will only issue work certificates if they are satisfied that the employment will serve the best interest of the child, and the authorized employee has received and approved the following:

1. Documentation for a work certificate that includes the written consent of the parent/guardian. The authorized employee may require the parent/guardian to first meet with the authorized employee.

2. A statement of intention to employ signed by the prospective employer setting forth the specific nature of the occupation in which the employer intends to employ the child and the exact hours of the day, the number of hours per day and the days per week during which the child is to be employed.

3. The child's birth certificate or other documentary evidence of age, as prescribed by the authorized employee.

4. A certificate of the principal of the school the child attends or has attended giving the grades received by the child. If a child is permanently excused from attending school under law, this requirement may be waived.

5. A certificate by a licensed physician stating that the child is capable of performing labor without injury, if required by the authorized employee in accordance with law.

A new work certificate may be issued to a student whose certificate has been returned by the employer to the authorized employee.

Work Certificates Issued to Residents Not Enrolled in the District

In accordance with law, the superintendent or persons authorized by the superintendent other than principals or principal designees may issue work certificates to children living in the district who are not students of the district. These children must supply the same documents the authorized employee requires for district students. Children who are home schooled or educated by a private tutor must receive work certificates from their primary education provider.

Cancellation

If an authorized employee is notified that a work certificate has been improperly granted or illegally used or that the child is being injured, or is likely to be injured, by the employment, the authorized employee will cancel the work certificate. The authorized employee will provide the child and the person employing the child written notice of the cancellation and the reasons for the cancellation.

State Notice and Recordkeeping

When issued, the authorized employee will send the work certificate directly to the employer. The authorized employee issuing a work certificate will send a copy of each work certificate issued and notice of the revocation or cancellation of any work certificate to the Missouri Department of Labor and Industrial Relations, in accordance with law.

Copies of work certificates issued and supporting documentation will be maintained in a district student's file. Work certificates returned by employers will be maintained in the district student's file along with documentation regarding cancellation or revocation of work certificates. If the superintendent or designee issues a work certificate for children residing in the district who are not students of the district, copies of the work certificate, supporting documentation and other relevant information will be maintained in the central office.

References

Cross References

Missouri Revisor of Statutes

Missouri School Improvement Program

United States Code

Code of Federal Regulations

Court Cases

board_policy/jk.txt · Last modified: Monday, November 20, 2023 12:41 AM by Nathan C. McGuire