Minnesota Legislature
HF 2458
1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/10/2014 04:49pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/27/2014 | |
| 1st Engrossment | Posted on 03/10/2014 |
Current Version - 1st Engrossment
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A bill for an act
relating to human services; modifying education opportunities for participants in
the Minnesota family investment program; amending Minnesota Statutes 2012,
sections 256J.49, subdivision 13; 256J.53, subdivisions 1, 2, 5; 256J.531.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 256J.49, subdivision 13, is amended to read:
Subd. 13.
Work activity.
(a) "Work activity" means any activity in a participant's
approved employment plan that leads to employment. For purposes of the MFIP program,
this includes activities that meet the definition of work activity under the participation
requirements of TANF. Work activity includes:
(1) unsubsidized employment, including work study and paid apprenticeships or
internships;
(2) subsidized private sector or public sector employment, including grant diversion
as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid
work experience, and supported work when a wage subsidy is provided;
(3) unpaid work experience, including community service, volunteer work,
the community work experience program as specified in section 256J.67, unpaid
apprenticeships or internships, and supported work when a wage subsidy is not provided.
Unpaid work experience is only an option if the participant has been unable to obtain or
maintain paid employment in the competitive labor market, and no paid work experience
programs are available to the participant. Prior to placing a participant in unpaid work,
the county must inform the participant that the participant will be notified if a paid work
experience or supported work position becomes available. Unless a participant consents in
writing to participate in unpaid work experience, the participant's employment plan may
only include unpaid work experience if including the unpaid work experience in the plan
will meet the following criteria:
(i) the unpaid work experience will provide the participant specific skills or
experience that cannot be obtained through other work activity options where the
participant resides or is willing to reside; and
(ii) the skills or experience gained through the unpaid work experience will result
in higher wages for the participant than the participant could earn without the unpaid
work experience;
(4) job search including job readiness assistance, job clubs, job placement,
job-related counseling, and job retention services;
(5) job readiness education, including English as a second language (ESL) or
functional work literacy classes deleted text begin as limited by the provisions of section 256J.531,
subdivision 2deleted text end , general educational development (GED) new text begin or Minnesota adult diploma new text end course
work, high school completion, and adult basic education deleted text begin as limited by the provisions of
section 256J.531, subdivision 1deleted text end ;
(6) job skills training directly related to employment, including new text begin postsecondary
new text end education and training that can reasonably be expected to lead to employmentdeleted text begin , as limited
by the provisions of section 256J.53deleted text end ;
(7) providing child care services to a participant who is working in a community
service program;
(8) activities included in the employment plan that is developed under section
256J.521, subdivision 3; and
(9) preemployment activities including chemical and mental health assessments,
treatment, and services; learning disabilities services; child protective services; family
stabilization services; or other programs designed to enhance employability.
(b) "Work activity" does not include activities done for political purposes as defined
in section 211B.01, subdivision 6.
Sec. 2.
Minnesota Statutes 2012, section 256J.53, subdivision 1, is amended to read:
Subdivision 1.
Length of program.
new text begin (a) new text end In order for a postsecondary education
or training program to be an approved work activity as defined in section 256J.49,
subdivision 13, clause (6), it must be a program lasting deleted text begin 24 monthsdeleted text end new text begin four years new text end or less, and
the participant must meet the requirements of subdivisions 2, 3, and 5.
new text begin
(b) Participants with a high school diploma, general educational development (GED)
credential, or Minnesota adult diploma must be informed of the opportunity to participate
in postsecondary education or training while in the Minnesota family investment program.
new text end
Sec. 3.
Minnesota Statutes 2012, section 256J.53, subdivision 2, is amended to read:
Subd. 2.
Approval of postsecondary education or training.
(a) deleted text begin In order for a
postsecondary education or training program to be an approved activity in an employment
plan, the plan must include additional work activities if the education and training
activities do not meet the minimum hours required to meet the federal work participation
rate under Code of Federal Regulations, title 45, sections 261.31 and 261.35.
deleted text end
deleted text begin (b)deleted text end Participants deleted text begin seeking approval of adeleted text end new text begin who are interested in participating in
new text end postsecondary education or training deleted text begin plandeleted text end new text begin as part of their employment plannew text end must deleted text begin provide
documentation thatdeleted text end new text begin discuss their education plans with their job counselor. Job counselors
must work with participants to evaluate options bynew text end :
(1) deleted text begin the employment goal can only be met with the additional education or training;
deleted text end
deleted text begin (2)deleted text end new text begin advising whether new text end there are suitable employment opportunities that require the
specific education or training in the area in which the participant resides or is willing
to reside;
deleted text begin
(3) the education or training will result in significantly higher wages for the
participant than the participant could earn without the education or training;
deleted text end
deleted text begin (4)deleted text end new text begin (2)new text end new text begin assisting new text end the participant new text begin in exploring whether the participant new text end can meet the
requirements for admission into the program; and
deleted text begin (5)deleted text end new text begin (3)new text end deleted text begin there is a reasonable expectation that the participant will complete the training
programdeleted text end new text begin discussing the participant's strengths and challengesnew text end based on deleted text begin such factors asdeleted text end the
participant's MFIP assessment, previous education, training, and work historydeleted text begin ; current
motivation; and changes in previous circumstancesdeleted text end .
new text begin
(b) The requirements of this subdivision do not apply to participants who are in:
new text end
new text begin
(1) a recognized career pathway program that leads to stackable credentials;
new text end
new text begin
(2) a training program lasting 12 weeks or less; or
new text end
new text begin
(3) the final year of a multi-year postsecondary education or training program.
new text end
Sec. 4.
Minnesota Statutes 2012, section 256J.53, subdivision 5, is amended to read:
Subd. 5.
Requirements after postsecondary education or training.
Upon
completion of an approved education or training program, a participant who does not meet
the participation requirements in section 256J.55, subdivision 1, through unsubsidized
employment must participate in job search. If, after deleted text begin sixdeleted text end new text begin 12 new text end weeks of job search, the
participant does not find a full-time job consistent with the employment goal, the
participant must accept any offer of full-time suitable employment, or meet with the job
counselor to revise the employment plan to include additional work activities necessary to
meet hourly requirements.
Sec. 5.
Minnesota Statutes 2012, section 256J.531, is amended to read:
256J.531 BASIC EDUCATION; ENGLISH AS A SECOND LANGUAGE.
Subdivision 1.
Approval of adult basic education.
deleted text begin With the exception of classes
related to obtaining a general educational development credential (GED), a participant
must have reading or mathematics proficiency below a ninth grade level in order for adult
basic education classes to be andeleted text end new text begin A participant who lacks a high school diploma, general
educational development (GED) credential, or Minnesota adult diploma must be allowed
to pursue these credentials as an new text end approved work activitynew text begin , provided that the participant
is making satisfactory progress. Participants eligible to pursue a general educational
development (GED) credential or Minnesota adult diploma under this subdivision must
be informed of the opportunity to participate while in the Minnesota family investment
programnew text end . deleted text begin The employment plan must also specify that the participant fulfill no more than
one-half of the participation requirements in section 256J.55, subdivision 1, through
attending adult basic education or general educational development classes.
deleted text end
Subd. 2.
Approval of English as a second language.
In order for English as a
second language (ESL) classes to be an approved work activity in an employment plan, a
participant must be below a spoken language proficiency level of SPL6 or its equivalent,
as measured by a nationally recognized test. In approving ESL as a work activity, the job
counselor must give preference to enrollment in a functional work literacy program,
if one is available, over a regular ESL program. deleted text begin A participant may not be approved
for more than a combined total of 24 months of ESL classes while participating in the
diversionary work program and the employment and training services component of
MFIP. The employment plan must also specify that the participant fulfill no more than
one-half of the participation requirements in section 256J.55, subdivision 1, through
attending ESL classes. For participants enrolled in functional work literacy classes, no
more than two-thirds of the participation requirements in section 256J.55, subdivision 1,
may be met through attending functional work literacy classes.
deleted text end