1.1 	A bill for an act
1.2 	relating to human services; modifying an MFIP definition of hard-to-employ 
1.3 	participants; amending Minnesota Statutes 2009 Supplement, section 256J.425, 
1.4 	subdivision 3.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2009 Supplement, section 256J.425, subdivision 3, 
1.7 	is amended to read:
1.8 		Subd. 3.Hard-to-employ participants. (a) An assistance unit subject to the time 
1.9 	limit in section 256J.42, subdivision 1, is eligible to receive months of assistance under 
1.10 	a hardship extension if the participant who reached the time limit belongs to any of the 
1.11 	following groups: 
1.12 	(1) a person who is diagnosed by a licensed physician, psychological practitioner, or 
1.13 	other qualified professional, as developmentally disabled or mentally ill, and the condition 
1.14 	severely limits the person's ability to obtain or maintain suitable employment;
1.15 	(2) a person who:
1.16 	(i) has been assessed by a vocational specialist or the county agency to be 
1.17 	unemployable for purposes of this subdivision; or
1.18 	(ii) has an IQ below 80 who has been assessed by a vocational specialist or a county 
1.19 	agency to be employable, but the condition severely limits the person's ability to obtain or 
1.20 	maintain suitable employment. The determination of IQ level must be made by a qualified 
1.21 	professional. In the case of a non-English-speaking person: (A) the determination must 
1.22 	be made by a qualified professional with experience conducting culturally appropriate 
1.23 	assessments, whenever possible; (B) the county may accept reports that identify an 
2.1 	IQ range as opposed to a specific score; (C) these reports must include a statement of 
2.2 	confidence in the results;
2.3 	(3) a person who is determined by a qualified professional to be learning disabled, 
2.4 	and the condition severely limits the person's ability to obtain or maintain suitable 
2.5 	employment. For purposes of the initial approval of a learning disability extension, the 
2.6 	determination must have been made or confirmed within the previous 12 months. In the 
2.7 	case of a non-English-speaking person: (i) the determination must be made by a qualified 
2.8 	professional with experience conducting culturally appropriate assessments, whenever 
2.9 	possible; and (ii) these reports must include a statement of confidence in the results. If a 
2.10 	rehabilitation plan for a participant extended as learning disabled is developed or approved 
2.11 	by the county agency, the plan must be incorporated into the employment plan. However, 
2.12 	a rehabilitation plan does not replace the requirement to develop and comply with an 
2.13 	employment plan under section 256J.521; or 
2.14 	(4) a person who has been granted a family violence waiver, and who is complying 
2.15 	with an employment plan under section 256J.521, subdivision 3. 
2.16 	(b) For purposes of this section chapter, "severely limits the person's ability to obtain 
2.17 	or maintain suitable employment" means: 
2.18 	(1) that a qualified professional has determined that the person's condition prevents 
2.19 	the person from working 20 or more hours per week; or 
2.20 	(2) for a person who meets the requirements of paragraph (a), clause (2), item (ii), or 
2.21 	clause (3), a qualified professional has determined the person's condition:
2.22 	(i) significantly restricts the range of employment that the person is able to perform; 
2.23 	or 
2.24 	(ii) significantly interferes with the person's ability to obtain or maintain suitable 
2.25 	employment for 20 or more hours per week.