HF 2133

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/28/2022 04:32pm

A bill for an act
relating to education finance; providing for employee health insurance; increasing
the minimum starting salary for nonlicensed school personnel; providing for paid
orientation and professional development for paraprofessionals; appropriating
money; amending Minnesota Statutes 2020, sections 125A.08; 471.61, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 122A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [122A.401] ELIGIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Applicant. new text end

new text begin An employee who has a serious health condition, has a
qualifying exigency, is taking safety leave, is providing family care, is bonding, or is
pregnant, and who satisfies the conditions of this section is eligible to receive benefits
subject to the provisions of sections 122A.401 to 122A.404. An "eligible employee" means
an individual employed by a school district or charter school, including a teacher or school
administrator, paraprofessional, student support services personnel, school bus driver, school
nutrition staff, and custodial staff, or any other person employed by the school district.
new text end

new text begin Subd. 2. new text end

new text begin Seven-day qualifying event. new text end

new text begin The period for which an employee is seeking
benefits must be or have been based on a single event of at least seven days duration related
to pregnancy, family care, bonding, a qualifying exigency, safety leave, or the applicant's
serious health condition. The days need not be consecutive.
new text end

new text begin Subd. 3. new text end

new text begin Certification by health care provider. new text end

new text begin Except for bonding benefits, benefits
based on a qualifying exigency, or benefits related to safety leave, the application for benefits
must be certified in writing by a qualified health care professional.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for bargaining agreements entered into
or modified following the date of final enactment.
new text end

Sec. 2.

new text begin [122A.402] BENEFITS.
new text end

new text begin Subdivision 1. new text end

new text begin Benefit. new text end

new text begin An employee experiencing a qualifying event shall receive a
weekly benefit equivalent to the employee's average weekly wage.
new text end

new text begin Subd. 2. new text end

new text begin Timing of payment. new text end

new text begin Except as otherwise provided for in sections 122A.401
to 122A.404, benefits must be paid on the employer's regular payroll.
new text end

new text begin Subd. 3. new text end

new text begin Maximum length of benefits. new text end

new text begin (a) Except as provided in paragraph (b), in a
52-week period, an employee may receive up to 12 weeks of benefits under sections
122A.401 to 122A.404 related to the applicant's serious health condition or pregnancy and
up to 12 weeks of benefits for bonding or family care.
new text end

new text begin (b) An employee may receive up to 26 weeks of benefits in a 52-week period for family
care of an armed service member or for one or more qualifying exigencies.
new text end

new text begin Subd. 4. new text end

new text begin Minimum period for which benefits payable. new text end

new text begin Any claim for benefits must
be based on a single-qualifying benefit period of at least seven days. Thereafter, benefits
may be paid for a minimum increment of one day.
new text end

new text begin Subd. 5. new text end

new text begin Withholding of federal tax. new text end

new text begin If the Internal Revenue Service determines that
benefits are subject to federal income tax, and an employee elects to have federal income
tax deducted and withheld from the employee's benefits, the commissioner must deduct and
withhold the amount specified in the Internal Revenue Code in a manner consistent with
state law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and for bargaining
agreements entered into or modified following the date of final enactment.
new text end

Sec. 3.

new text begin [122A.403] EMPLOYMENT PROTECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Retaliation prohibited. new text end

new text begin An employer must not retaliate against an
employee for requesting or obtaining benefits or for exercising any other right under sections
122A.401 to 122A.404.
new text end

new text begin Subd. 2. new text end

new text begin Interference prohibited. new text end

new text begin An employer must not obstruct or impede a request
for benefits under sections 122A.401 to 122A.404.
new text end

new text begin Subd. 3. new text end

new text begin Waiver of rights void. new text end

new text begin Any agreement to waive, release, or commute rights
to benefits under sections 122A.401 to 122A.404 is void.
new text end

new text begin Subd. 4. new text end

new text begin No assignment of benefits. new text end

new text begin Any assignment, pledge, or encumbrance of benefits
is void. Benefits are exempt from levy, execution, attachment, or any other remedy provided
for the collection of debt. Any waiver of this subdivision is void.
new text end

new text begin Subd. 5. new text end

new text begin Continued insurance. new text end

new text begin During any leave for which an employee is entitled to
benefits under sections 122A.401 to 122A.404, the employer must maintain coverage under
any group insurance policy, group subscriber contract, or health care plan for the employee
and any dependents as if the employee was not on leave, provided that the employee must
continue to pay any employee share of the cost of such benefits.
new text end

new text begin Subd. 6. new text end

new text begin Reinstatement after leave. new text end

new text begin An employee taking leave for which the employee
is eligible for benefits under sections 122A.401 to 122A.404 is, upon the expiration of that
leave, entitled to restoration by the employer to the position held by the employee when the
leave commenced, or to a position with equivalent seniority, status, employment benefits,
pay, and other terms and conditions of employment including fringe benefits and service
credits that the employee had been entitled to at the commencement of that leave.
new text end

new text begin Subd. 7. new text end

new text begin Remedies. new text end

new text begin In addition to any other remedies available by law, an individual
injured by a violation of this section may bring a civil action seeking any damages
recoverable by law, together with costs and disbursements, including reasonable attorney
fees, and may receive injunctive and other equitable relief as determined by a court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for bargaining agreements entered into
or modified following the date of final enactment.
new text end

Sec. 4.

new text begin [122A.404] BONDING LEAVE.
new text end

new text begin Bonding leave taken under sections 122A.401 to 122A.404 begins at a time requested
by the employee. Bonding leave must begin within 12 months of the birth, adoption, or
placement of a foster child except that, in the case where the child must remain in the hospital
longer than the mother, the leave must begin within 12 months after the child leaves the
hospital.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for bargaining agreements entered into
or modified following the date of final enactment.
new text end

Sec. 5.

Minnesota Statutes 2020, section 125A.08, is amended to read:

125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.

(a) At the beginning of each school year, each school district shall have in effect, for
each child with a disability, an individualized education program.

(b) As defined in this section, every district must ensure the following:

(1) all students with disabilities are provided the special instruction and services which
are appropriate to their needs. Where the individualized education program team has
determined appropriate goals and objectives based on the student's needs, including the
extent to which the student can be included in the least restrictive environment, and where
there are essentially equivalent and effective instruction, related services, or assistive
technology devices available to meet the student's needs, cost to the district may be among
the factors considered by the team in choosing how to provide the appropriate services,
instruction, or devices that are to be made part of the student's individualized education
program. The individualized education program team shall consider and may authorize
services covered by medical assistance according to section 256B.0625, subdivision 26.
Before a school district evaluation team makes a determination of other health disability
under Minnesota Rules, part 3525.1335, subparts 1 and 2, item A, subitem (1), the evaluation
team must seek written documentation of the student's medically diagnosed chronic or acute
health condition signed by a licensed physician or a licensed health care provider acting
within the scope of the provider's practice. The student's needs and the special education
instruction and services to be provided must be agreed upon through the development of
an individualized education program. The program must address the student's need to develop
skills to live and work as independently as possible within the community. The individualized
education program team must consider positive behavioral interventions, strategies, and
supports that address behavior needs for children. During grade 9, the program must address
the student's needs for transition from secondary services to postsecondary education and
training, employment, community participation, recreation, and leisure and home living. In
developing the program, districts must inform parents of the full range of transitional goals
and related services that should be considered. The program must include a statement of
the needed transition services, including a statement of the interagency responsibilities or
linkages or both before secondary services are concluded. If the individualized education
program meets the plan components in section 120B.125, the individualized education
program satisfies the requirement and no additional transition plan is needed;

(2) children with a disability under age five and their families are provided special
instruction and services appropriate to the child's level of functioning and needs;

(3) children with a disability and their parents or guardians are guaranteed procedural
safeguards and the right to participate in decisions involving identification, assessment
including assistive technology assessment, and educational placement of children with a
disability;

(4) eligibility and needs of children with a disability are determined by an initial
evaluation or reevaluation, which may be completed using existing data under United States
Code, title 20, section 33, et seq.;

(5) to the maximum extent appropriate, children with a disability, including those in
public or private institutions or other care facilities, are educated with children who are not
disabled, and that special classes, separate schooling, or other removal of children with a
disability from the regular educational environment occurs only when and to the extent that
the nature or severity of the disability is such that education in regular classes with the use
of supplementary services cannot be achieved satisfactorily;

(6) in accordance with recognized professional standards, testing and evaluation materials,
and procedures used for the purposes of classification and placement of children with a
disability are selected and administered so as not to be racially or culturally discriminatory;
and

(7) the rights of the child are protected when the parents or guardians are not known or
not available, or the child is a ward of the state.

(c) For all paraprofessionals employed to work in programs whose role in part is to
provide direct support to students with disabilities, the school board in each district shall
ensure that:

(1) before or beginning at the time of employment, each paraprofessional must develop
sufficient knowledge and skills in emergency procedures, building orientation, roles and
responsibilities, confidentiality, vulnerability, and reportability, among other things, to begin
meeting the needs, especially disability-specific and behavioral needs, of the students with
whom the paraprofessional works;

new text begin (2) before beginning work with an individual student with a disability, each
paraprofessional must be given paid time to review a student's individualized education
program and paid time to collaborate with a student's teacher regarding the plan;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end annual training opportunities are required to enable the paraprofessional to
continue to further develop the knowledge and skills that are specific to the students with
whom the paraprofessional works, including understanding disabilities, the unique and
individual needs of each student according to the student's disability and how the disability
affects the student's education and behavior, following lesson plans, and implementing
follow-up instructional procedures and activities; deleted text begin and
deleted text end

new text begin (4) a minimum of 16 hours of paid orientation or professional development must be
provided annually to all paraprofessionals, Title I aides, and other instructional support staff
before the first instructional day of the school year. The orientation or professional
development must be relevant to the employee's occupation and may include collaboration
time with classroom teachers and planning for the school year. For paraprofessionals who
provide direct support to students, at least 50 percent of the professional development or
orientation must be dedicated to meeting the requirements of this section. Professional
development for paraprofessionals may also address the requirements of section 120B.363,
subdivision 3. A school administrator must provide an annual certification of compliance
with this requirement to the commissioner; and
new text end

deleted text begin (3) deleted text end new text begin (5) new text end a districtwide process obligates each paraprofessional to work under the ongoing
direction of a licensed teacher and, where appropriate and possible, the supervision of a
school nurse.

(d) A school district may conduct a functional behavior assessment as defined in
Minnesota Rules, part 3525.0210, subpart 22, as a stand-alone evaluation without conducting
a comprehensive evaluation of the student in accordance with prior written notice provisions
in section 125A.091, subdivision 3a. A parent or guardian may request that a school district
conduct a comprehensive evaluation of the parent's or guardian's student.

Sec. 6.

Minnesota Statutes 2020, section 471.61, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Premium costs for school employees. new text end

new text begin (a) A school district, intermediate school
district, cooperative, or charter school must participate in employee health care cost sharing
on the following basis:
new text end

new text begin (1) at least 83 percent of the annual health insurance premium and at least 50 percent of
the annual out-of-pocket maximum must be contributed for employees covered under a
single premium; and
new text end

new text begin (2) at least 72 percent of the annual health insurance premium and at least 50 percent of
the annual out-of-pocket maximum must be contributed for employees covered under a
family premium.
new text end

new text begin (b) Employers must receive financial assistance at the rate of $....... per pupil unit to
fund the cost sharing in paragraph (a) and a school district shall have the authority to levy
for an amount equal to the financial assistance provided by the commissioner of education.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for bargaining agreements entered into
or modified following the date of final enactment.
new text end

Sec. 7. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums in this section are appropriated
from the general fund to the commissioner of education for the fiscal years designated.
new text end

new text begin Subd. 2. new text end

new text begin Nonlicensed school personnel. new text end

new text begin For increasing the minimum starting salary for
nonlicensed school personnel to $20 per hour:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2022 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2023 new text end

Sec. 8. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums in this section are appropriated
from the general fund to the commissioner of education for the fiscal years designated.
new text end

new text begin Subd. 2. new text end

new text begin Paraprofessional training. new text end

new text begin For costs associated with paid orientation and
professional development for paraprofessionals under Minnesota Statutes, section 125A.08:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2022 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2023 new text end