5895 - STUDENT EMPLOYMENT

Issuing Officer

The School Corporation issuing officer shall be:

1. a guidance counselor;
2. a social worker; or
3. an attendance officer for the Corporation who is a licensed teacher; and
4. designated in writing by the school principal.

When school is not in session or an individual meeting the above criteria is not employed by the Corporation, there shall be an issuing officer available who is a licensed teacher and whose identity and hours of work shall be determined by the principal.

Employment Certificate

Any minor person at least fourteen (14) years of age and less than eighteen (18) years of age must secure an employment certificate issued by the Corporation issuing officer prior to being employed in all jobs except those excluded by State statute, which generally are farm labor, domestic service, caddie, newspaper carrier, youth athletic program referee umpire or official, actor/performer or enrolled in a career and technical education program approved by the State. Also excluded are minors who are not Indiana residents.

The employment certificate is to be secured from the issuing officer of the accredited school the minor attends or the school corporation in which the minor resides. The issuing officer may issue an employment certificate only to a minor whose employment is necessary and only after the receipt of the following documents:

1. proof of age; and
2. proof of prospective employment.

Proof of age documents include, in order of preference:

1. A birth certificate or duly attested transcript of a birth certificate issued by the registrar of vital statistics or any other officer charged with the duty of recording births (school records of age that have been verified by a birth certificate may be substituted by the issuing officer for a birth certificate);
2. A baptismal certificate or a certified transcript of the record of baptism showing the minor's date of birth and place of baptism;
3. Other documentation in existence for at least one (1) year, including:
    
   1. a bona fide contemporary record of the minor's birth, comprising a part of the family record of births in the Bible;
   2. other documentary evidence satisfactory to the Department of Labor, including a certificate of arrival in the United States issued by United States immigration officers and showing the minor's age; or
   3. a life insurance policy;
4. A sworn statement by a public health physician, a public school physician, or the superintendent that states, in the opinion of the signatory, the minor's physical age. This statement shall show the minor's height and weight and other facts upon which the signatory's opinion is based. The physician's or superintendent's statement shall be accompanied by a statement of the minor's age signed by the minor's parent and by available school records.

The issuing officer shall require the document of age under subsection (1) in preference to a document under subsection (2), (3), or (4). To avoid delay, the documents under subsection (2), (3), or (4) may be accepted if the issuing officer files a written statement that verification of date of birth has been requested from the appropriate governmental agency but has not been received.
 
Proof of prospective employment is a written statement signed by the person for whom the minor is to work, setting forth the nature of the work to be performed by the minor and the maximum hours per week that the minor will work.

Not more than five (5) days after issuing an employment certificate, the issuing officer shall send a copy of the employment certificate to the Department of Labor. The employment certificate shall state the maximum number of hours that the minor may be employed by the employer. The issuing officer shall maintain a record in his/her office of each employment certificate issued. The issuing officer shall maintain a record of the maximum hours the minor may work for each week for all employers for each minor who has been issued more than one (1) employment certificate.

The issuing officer may deny an employment certificate to a minor whose attendance is not in good standing or whose academic performance does not meet the Corporation's standards. A student may appeal the denial of an employment certificate to the principal.

The issuing officer should be guided by the following when issuing an employment certificate:

1. Academic Performance
   
   Students academic and attendance record is examined to make a decision for approval.
2. Attendance
   
   Each student's attendance is examined.

Revocation of an Employment Certificate

An employment certificate may be revoked by the Department of Labor following an investigation by the Department. Should the Department revoke an employment certificate both the issuing officer and the employer will be notified by the Department.

An employment certificate may be revoked by the issuing officer if it is determined that there has been a significant decrease in the student's grade point average or the student's attendance at school since the employment certificate was issued. If a student's employment certificate is revoked, the student is entitled to a periodic review of the student's grade point average or attendance record or both to determine whether the revocation should continue. The periodic review may not occur less than one (1) time each school year. A student may appeal the revocation of an employment certificate to the school principal. 

The issuing officer is to send a written notice of revocation to the student's employer immediately upon revocation.

Should the employment certificate be revoked at the end of the school year, the student may be allowed to work during the summer while school is not in session. However, such student will lose the employment certificate at the start of the new school year until s/he meets the attendance and grade standards established by the Corporation for receiving the employment certificate.

The Department of Labor should be informed when a student is issued an employment certificate and of any change in his/her employability status.

Although many students have a need to work after school and in the evening, these activities can have significant effects on their ability to function effectively during the school day and garner the most from the school program. All members of the professional staff need to be alert to students who may be over-extending themselves because of too much work and not enough rest.

If the student fails to attend an exit interview or fails to return to school if his/her request to withdraw in accordance with Policy 5130 is denied, then the student's employment certificate and driver's license may be revoked or the application may be denied.

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