1.1                          A bill for an act 
  1.2             relating to welfare; amending MFIP education 
  1.3             provisions; amending Minnesota Statutes 2000, sections 
  1.4             256J.52, subdivision 2; and 256J.53, subdivisions 1, 
  1.5             2, and 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 256J.52, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [INITIAL ASSESSMENT.] (a) The job counselor must, 
  1.10  with the cooperation of the participant, assess the 
  1.11  participant's ability to obtain and retain employment.  This 
  1.12  initial assessment must include a review of the participant's 
  1.13  education level, prior employment or work experience, 
  1.14  transferable work skills, and existing job markets. 
  1.15     (b) In assessing the participant, the job counselor must 
  1.16  determine if the participant needs refresher courses for 
  1.17  professional certification or licensure, in which case, the job 
  1.18  search plan under subdivision 3 must include the courses 
  1.19  necessary to obtain the certification or licensure, in addition 
  1.20  to other work activities, provided the combination of the 
  1.21  courses and other work activities are at least for 40 hours per 
  1.22  week.  
  1.23     (c) If a participant can demonstrate to the satisfaction of 
  1.24  the county agency that lack of proficiency in English is a 
  1.25  barrier to obtaining suitable employment, the job counselor must 
  2.1   include participation in an intensive English as a second 
  2.2   language program if available or otherwise a regular English as 
  2.3   a second language program in the individual's employment plan 
  2.4   under subdivision 5.  Lack of proficiency in English is not 
  2.5   necessarily a barrier to employment.  
  2.6      (d) The job counselor may shall approve an education or 
  2.7   training plan, and postpone the job search requirement, if less 
  2.8   than 30 percent of the statewide MFIP caseload is participating 
  2.9   in education and training, and if the participant has a proposal 
  2.10  for an education program which: 
  2.11     (1) can be completed within 12 48 months; 
  2.12     (2) meets the criteria of section 256J.53, subdivisions 2, 
  2.13  3, and 5; and 
  2.14     (3) is likely, without additional training, to lead to 
  2.15  monthly employment earnings which, after subtraction of the 
  2.16  earnings disregard under section 256J.21, equal or exceed the 
  2.17  family wage level for the participant's assistance unit. 
  2.18     (e) A participant who, at the time of the initial 
  2.19  assessment, presents a plan that includes farming as a 
  2.20  self-employed work activity must have an employment plan 
  2.21  developed under subdivision 5 that includes the farming as an 
  2.22  approved work activity. 
  2.23     (f) If an education or training program is approved, the 
  2.24  participant must maintain satisfactory progress in the program 
  2.25  as required under section 256J.53, subdivision 3.  The 
  2.26  participant is not limited to one education or training program, 
  2.27  but may participate in post-secondary education or training 
  2.28  programs that meet the criteria in this paragraph, up to a total 
  2.29  of 48 months.  Job search as required under section 256J.53, 
  2.30  subdivision 5, applies to participants approved for an education 
  2.31  program under this section. 
  2.32     Sec. 2.  Minnesota Statutes 2000, section 256J.53, 
  2.33  subdivision 1, is amended to read: 
  2.34     Subdivision 1.  [LENGTH OF PROGRAM.] In order for a 
  2.35  post-secondary education or training program to be approved work 
  2.36  activity as defined in section 256J.49, subdivision 13, clause 
  3.1   (18), it must be a program lasting 12 48 months or less, and the 
  3.2   participant must meet the requirements of subdivisions 2 and 3.  
  3.3   A program lasting up to 24 months may be approved on an 
  3.4   exception basis if the conditions specified in subdivisions 2 to 
  3.5   4 are met.  A participant may not be approved for more than a 
  3.6   total of 24 months of post-secondary education or training. 
  3.7      Sec. 3.  Minnesota Statutes 2000, section 256J.53, 
  3.8   subdivision 2, is amended to read: 
  3.9      Subd. 2.  [DOCUMENTATION SUPPORTING PROGRAM.] (a) In order 
  3.10  for a post-secondary education or training program to be an 
  3.11  approved activity in a participant's employment plan, the 
  3.12  participant or the employment and training service provider must 
  3.13  provide documentation that: 
  3.14     (1) the participant's employment plan identifies specific 
  3.15  goals that can only be met with the additional education or 
  3.16  training; 
  3.17     (2) there are suitable employment opportunities that 
  3.18  require the specific education or training in the area in which 
  3.19  the participant resides or is willing to reside; 
  3.20     (3) the education or training will result in significantly 
  3.21  higher wages for the participant than the participant could earn 
  3.22  without the education or training; 
  3.23     (4) the participant can meet the requirements for admission 
  3.24  into the program; and 
  3.25     (5) there is a reasonable expectation that the participant 
  3.26  will complete the training program based on such factors as the 
  3.27  participant's MFIP-S assessment, previous education, training, 
  3.28  and work history; current motivation; and changes in previous 
  3.29  circumstances. 
  3.30     (b) The job counselor shall approve an education or 
  3.31  training program that meets the requirements under paragraph (a).
  3.32     Sec. 4.  Minnesota Statutes 2000, section 256J.53, 
  3.33  subdivision 3, is amended to read: 
  3.34     Subd. 3.  [SATISFACTORY PROGRESS REQUIRED.] In order for a 
  3.35  post-secondary education or training program to be an approved 
  3.36  activity in a participant's employment plan participant to 
  4.1   continue with post-secondary education or training, the 
  4.2   participant must maintain satisfactory progress in the program.  
  4.3   "Satisfactory progress" in an education or training program 
  4.4   means (1) the participant remains in good standing while the 
  4.5   participant is enrolled in the program, as defined by the 
  4.6   education or training institution, or (2) the participant makes 
  4.7   satisfactory progress as the term is defined in the 
  4.8   participant's employment plan.