1999 Minnesota Statutes

     124D.42 Program provisions. 

    Subdivision 1.    Participant eligibility.  (a) An 
 individual is eligible to participate in full-time youth 
 community service if the individual: 

    (1) is at least 17 years old; 

    (2) is a citizen of the United States or lawfully admitted 
 for permanent residency; 

    (3) is applying for service and has received a high school 
 diploma or its equivalent, or agrees to attain a high school 
 diploma or its equivalent while participating in the program; 
 and 

    (4) agrees to act as an alumni volunteer or an alumni 
 mentor upon successfully completing the program and postprogram 
 education. 

    (b) An individual is eligible to participate in part-time 
 youth community service if the individual is at least 15 years 
 old and meets the requirements under paragraph (a), clauses (2) 
 to (4). 

    Subd. 2.    Terms of service.  (a) A participant shall 
 agree to perform community service for the period required 
 unless the participant is unable to complete the terms of 
 service for the reason provided in paragraph (b). 

    An agreement to perform community service must be in the 
 form of a written contract between the participant and the 
 grantee organization.  Terms of the contract must include a 
 length of service between six months and two years, the amount 
 of the postservice benefit earned upon completion of the 
 contracted length of service, the participant's education goals 
 and commitment, the anticipated date of completion, dismissal 
 for cause, including failure to fully participate in the 
 education component, and the exclusive right to challenge a 
 dismissal for cause through binding arbitration.  The arbitrator 
 must be chosen jointly by the grantee organization and the 
 participant from the community or, if agreement cannot be 
 reached, an arbitrator must be determined from a list of 
 arbitrators provided by the American Arbitration Association.  
 The sole remedy available to the participant through arbitration 
 is reinstatement to the program and eligibility for postservice 
 benefits.  The parent or guardian of a minor shall consent in 
 writing to the contract between the participant and the grantee 
 organization. 

    (b) If the grantee organization releases a participant from 
 completing a term of service in a program receiving assistance 
 under sections 124D.39 to 124D.44 for compelling personal 
 circumstances as demonstrated by the participant, or if the 
 program in which the participant serves does not receive 
 continued funding for any reason, the grantee organization may 
 provide the participant with that portion of the financial 
 assistance described in subdivision 3 that corresponds to the 
 quantity of the service obligation completed by the individual. 

    If the grantee organization terminates a participant for 
 cause or a participant resigns without demonstrating compelling 
 personal circumstances under this section, no postservice 
 benefit under subdivision 3 may be paid. 

    (c) A participant performing part-time service under 
 sections 124D.37 to 124D.45 shall serve at least two weekends 
 each month and two weeks during the year.  A part-time 
 participant shall serve at least 900 hours during a period of 
 not more than two years, or three years if enrolled in an 
 institution of higher education.  A participant performing 
 full-time service under sections 124D.37 to 124D.45 shall serve 
 at least 1,700 hours during a period of not less than nine 
 months, or more than one year. 

    (d) Notwithstanding any other law to the contrary, for 
 purposes of tort liability under sections 3.732 and 3.736, while 
 participating in a program a participant is an employee of the 
 state. 

    (e) Participants performing community service in a program 
 are not public employees for purposes of chapter 43A, 179A, 197, 
 353, or any other law governing hiring or discharging of public 
 employees. 

    Subd. 3.    Postservice benefit.  (a) Each eligible 
 organization must agree to provide to every participant who 
 fulfills the terms of a contract under section 124D.42, 
 subdivision 2, a nontransferable postservice benefit.  The 
 benefit must be not less than $4,725 per year of full-time 
 service or prorated for part-time service or for partial service 
 of at least 900 hours.  Upon signing a contract under section 
 124D.42, subdivision 2, each eligible organization must deposit 
 funds to cover the full amount of postservice benefits 
 obligated, except for national education awards that are 
 deposited in the national service trust fund.  Funds encumbered 
 in fiscal years 1994 and 1995 for postservice benefits must be 
 available until the participants for whom the funds were 
 encumbered are no longer eligible to draw benefits.  

    (b) Nothing in this subdivision prevents a grantee 
 organization from using funds from nonfederal or nonstate 
 sources to increase the value of postservice benefits above the 
 value described in paragraph (a). 

    (c) The higher education services office must establish an 
 account for depositing funds for postservice benefits received 
 from eligible organizations.  If a participant does not complete 
 the term of service or, upon successful completion of the 
 program, does not use a postservice benefit according to 
 subdivision 4 within seven years, the amount of the postservice 
 benefit must be refunded to the eligible organization or, at the 
 organization's discretion, dedicated to another eligible 
 participant.  Interest earned on funds deposited in the 
 postservice benefit account is appropriated to the higher 
 education services office for the costs of administering the 
 postservice benefits accounts.  

    (d) The state must provide an additional postservice 
 benefit to any participant who successfully completes the 
 program.  The benefit must be a credit of five points to be 
 added to the competitive open rating of a participant who 
 obtains a passing grade on a civil service examination under 
 chapter 43A.  The benefit is available for five years after 
 completing the community service. 

    Subd. 4.    Uses of postservice benefits.  (a) A 
 postservice benefit for a participant provided under subdivision 
 3, paragraph (a), (b), or (c), must be available for seven years 
 after completing the program and may only be used for: 

    (1) paying a student loan; 

    (2) costs of attending an institution of higher education; 
 or 

    (3) expenses incurred by a student in an approved youth 
 apprenticeship program under sections 124D.46 to 124D.49 or in a 
 registered apprenticeship program approved by the department of 
 labor and industry. 

 Financial assistance provided under this subdivision must be in 
 the form of vendor payments whenever possible.  Any postservice 
 benefits provided by federal funds or vouchers may be used as a 
 downpayment on, or closing costs for, purchasing a first home. 

    (b) Postservice benefits are to be used to develop skills 
 required in occupations where numbers of jobs are likely to 
 increase.  The commission, in consultation with the workforce 
 development council, and beginning January 1, 1997, the 
 workforce development council, must determine how the benefits 
 may be used in order to best prepare participants with skills 
 that build on their service-learning and equip them for 
 meaningful employment. 

    (c) The postservice benefit must not be included in 
 determining financial need when establishing eligibility or 
 award amounts for financial assistance programs under chapter 
 136A. 

    Subd. 5.    Living allowance.  (a) A participant in a 
 full-time community service program shall receive a monthly 
 stipend of not less than $500.  An eligible organization may 
 provide participants with additional amounts from nonstate 
 sources.  The amount of the living allowance may be prorated for 
 part-time participants. 

    (b) Nothing in this subdivision requires an existing 
 program to decrease any stipend, salary, or living allowance 
 provided to a participant under the program. 

    (c) In addition to the living allowance provided under 
 paragraph (a), a grantee organization shall provide health and 
 child care coverage to each participant in a full-time youth 
 works program who does not otherwise have access to health or 
 child care coverage.  The state must include the cost of group 
 health and child care coverage in the grant to the eligible 
 organization. 

    Subd. 6.    Program training.  (a) The commission and, 
 beginning January 1, 1997, the council must, within available 
 resources, ensure an opportunity for each participant to have 
 three weeks of training in a residential setting.  If offered, 
 each training session must: 

    (1) orient each participant in the nature, philosophy, and 
 purpose of the program; 

    (2) build an ethic of community service through general 
 community service training; and 

    (3) provide additional training as it determines necessary. 

    (b) Each grantee organization shall also train participants 
 in skills relevant to the community service opportunity. 

    Subd. 7.    Training and education requirements.  Each 
 grantee organization must assess the educational level of each 
 entering participant.  Each grantee shall work to enhance the 
 educational skills of each participant.  The commission and, 
 beginning January 1, 1997, the council may coordinate or 
 contract with educational institutions or other providers for 
 educational services and evaluation.  All grantees shall give 
 priority to educating and training participants who do not have 
 a high school diploma or its equivalent, or who cannot afford 
 post-secondary training and education. 

    HIST: 1993 c 146 art 5 s 9,20; 1994 c 647 art 4 s 7; 1995 c 
 131 s 2; 1995 c 212 art 3 s 59; 1Sp1995 c 3 art 4 s 5-9,30; 
 1Sp1997 c 4 art 3 s 20; 1998 c 397 art 3 s 12-16,103; art 11 s 
 3; 1998 c 398 art 3 s 18