Dear County and District Superintendents and Charter School Administrators:

Skilled and Trained Workforce Contractor Compliance

Thank you for all you do for our students and families during often challenging times. At the California Department of Education, we are here to support you in any way we can.

We are all grateful to California voters, who overwhelmingly approved Proposition 2 in the November election, providing $10 billion across the state to deliver to our students the safe and state-of-the-art facilities they deserve. One of the great benefits of both Proposition 2 and the nearly 50 local school bonds passed in November is the opportunity to create thousands of high-quality jobs and careers for the workers who build and modernize our school facilities. As a member of the State Apprenticeship Council, I am particularly excited that our state and local facilities funds open the door to a new generation of skilled and trained apprentices, including apprenticeship pathways for students graduating from our high schools.

In order to realize these opportunities for our young people entering the construction workforce, we must ensure that projects comply with state law regarding the utilization of a skilled and trained workforce (Public Contract Code [PCC] sections 2601–2603), particularly when school districts engage contractors in lease-leaseback projects governed by Education Code (EC) sections 17407.5 and 17407.7 and design-build projects governed by EC sections 17250.25 and 17250.62. These statutes generally require that those contracting with school districts for such projects provide to districts enforceable commitments that they and their subcontractors at every tier will use a skilled and trained workforce to perform all work on the projects, in accordance with the PCC. In such cases, pursuant to PCC Section 2602, the contractor is required to submit monthly skilled and trained workforce reports to the public agency school district.

PCC Section 2602 also has provisions requiring public agencies to withhold payments from contractors that fail to provide monthly reports, provide incomplete reports, or submit reports that do not demonstrate compliance with the skilled and trained workforce requirements. Public agencies are also required to notify the Labor Commissioner if contractors submit reports that do not demonstrate compliance with the skilled and trained workforce requirements.

In addition to fulfilling legal obligations, reporting noncompliance with the skilled and trained workforce requirements upholds the integrity of the bidding process and contributes to accountability and transparency in how public funds are spent. By ensuring compliance, we protect taxpayer investment and ensure that funds allocated for school construction are used effectively. Reporting violations also helps maintain quality and safety standards, contributing to better infrastructure for our students and the community.

Please let us know how we can assist you in both maintaining compliance with state law and in building and expanding programs to support future apprentices. We will continue to organize events like the apprenticeship summit we convened last year and to let you know about important resources that we referenced in the letter we sent to all districts last year promoting apprenticeships.

Thanks for all you are doing to support California’s students through career pathways that set them up for great careers in construction and other workforce-of-the-future opportunities.

Sincerely,