Connecticut 2025 Regular Session

Connecticut House Bill HB07195 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 1 of 5
	3	+	LCO No. 5844 1 of 5
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5		-	General Assembly ~~Substitute~~ Bill No. 7195
	5	+	General Assembly Raised Bill No. 7195
6	6		January Session, 2025
	7	+	LCO No. 5844
7	8
	9	+
	10	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
	11	+
	12	+
	13	+	Introduced by:
	14	+	(LAB)
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12	19		AN ACT CONCERNING UNEMPLOYMENT BENEFITS FOR
13	20		PARAEDUCATORS.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. Subsection (d) of section 31-227 of the general statutes is 1
18	25		repealed and the following is substituted in lieu thereof (Effective July 1, 2
19	26		2025): 3
20	27		(d) (1) Benefits based on service in employment defined in 4
21	28		[subdivisions (1) (C) and (D)] subparagraphs (C) and (D) of subdivision 5
22	29		(1) of subsection (a) of section 31-222 shall be payable in the same 6
23	30		amount, on the same terms and subject to the same conditions as 7
24	31		compensation payable on the basis of other service subject to this 8
25	32		chapter; except that [(1)] (A) with respect to weeks of unemployment 9
26	33		beginning after December 31, 1977, benefits shall not be paid based on 10
27	34		service performed in an instructional, research or principal 11
28	35		administrative capacity for an educational institution for any week of 12
29	36		unemployment commencing during the period between two successive 13
30	37		academic years, or during a similar period between two regular terms, 14
31	38		whether or not successive, or during a period of paid sabbatical leave 15
	39	+	Raised Bill No. 7195
	40	+
	41	+
	42	+
	43	+	LCO No. 5844 2 of 5
	44	+
32	45		provided for in the individual's contract, to any individual if such 16
33	46		individual performs such services in the first of such academic years [(or 17
34	47		terms)] or terms and if there is a contract or a reasonable assurance that 18
35		-	such individual will perform services in any such capacity for any 19 Substitute Bill No. 7195
36		-
37		-
38		-	LCO 2 of 5
39		-
	48	+	such individual will perform services in any such capacity for any 19
40	49		educational institution in the second of such academic years or terms; 20
41	50		[(2)] (B) with respect to weeks of unemployment beginning after 21
42	51		October 29, 1983, for service performed in any other capacity for an 22
43	52		educational institution, benefits shall not be paid on the basis of such 23
44	53		services to any individual for any week which commences during a 24
45	54		period between two successive academic years or terms if such 25
46	55		individual performs such services in the first of such academic years or 26
47	56		terms and there is a reasonable assurance that such individual will 27
48	57		perform such services in the second of such academic years or terms 28
49	58		pursuant to the provisions of subdivisions (2) and (3) of this subsection, 29
50	59		except that if benefits are denied to any individual under this 30
51	60		subdivision and such individual is not offered an opportunity to 31
52	61		perform such services for the educational institution for the second of 32
53	62		such academic years or terms, such individual shall be entitled to a 33
54	63		retroactive payment of benefits for each week for which the individual 34
55	64		filed a timely claim for benefits and for which benefits were denied 35
56	65		solely by reason of this subdivision; [(3)] (C) with respect to weeks of 36
57	66		unemployment beginning after March 31, 1984, for services described in 37
58	67		[subdivisions (1) and (2)] subparagraphs (A) and (B) of this subdivision, 38
59	68		benefits shall not be payable on the basis of such services to any 39
60	69		individual for any week [which] that commences during an established 40
61	70		and customary vacation period or holiday recess if such individual 41
62	71		performs such services in the period immediately before such vacation 42
63	72		period or holiday recess and there is a reasonable assurance that such 43
64	73		individual will perform such services in the period immediately 44
65	74		following such vacation period or holiday recess; [(4)] (D) with respect 45
66	75		to weeks of unemployment beginning after March 31, 1984, for services 46
67	76		described in [subdivisions (1) and (2)] subparagraphs (A) and (B) of this 47
68	77		subdivision, benefits shall not be payable on the basis of such services 48
69	78		under the circumstances prescribed in [subdivisions (1), (2) and (3)] 49
	79	+	Raised Bill No. 7195
	80	+
	81	+
	82	+
	83	+	LCO No. 5844 3 of 5
	84	+
70	85		subparagraphs (A) to (C), inclusive, of this subdivision to any individual 50
71	86		who performed such services in an educational institution while in the 51
72	87		employ of an educational service agency. For purposes of this 52
73	88		subdivision, [the term] "educational service agency" means a 53
74		-	governmental agency or governmental entity which is established and 54 Substitute Bill No. 7195
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76		-
77		-	LCO 3 of 5
78		-
	89	+	governmental agency or governmental entity which is established and 54
79	90		operated exclusively for the purpose of providing such services to one 55
80	91		or more educational institutions. 56
81	92		(2) With respect to the services, as set forth in subparagraph (B) of 57
82	93		subdivision (1) of this subsection, performed in an individual's capacity 58
83		-	as a paraeducator ~~employed by~~ a ~~local or~~ regional ~~board of education~~, a 59
84		-	~~regional educational service center, the~~ governing authority for a state 60
85		-	~~charter school or an endowed or~~ incorporated academy approved by the 61
86		-	~~State Board of Education~~ pursuant to section 10-34 in the state, the 62
	94	+	as a paraeducator for a school district, regional education service center, 59
	95	+	governing authority for a state charter school or an endowed or 60
	96	+	incorporated academy approved by the State Board of Education 61
	97	+	pursuant to section 10-34 of the general statutes in the state, the 62
87	98		administrator, as defined in subsection (c) of section 31-222, shall 63
88	99		determine whether such individual has reasonable assurance of 64
89	100		performing such services in the second of two succeeding academic 65
90	101		years or terms pursuant to the circumstances prescribed in 66
91	102		subparagraph (B) of subdivision (1) of this subsection or in the period 67
92	103		immediately following a customary vacation period or holiday recess 68
93	104		pursuant to the circumstances prescribed in subparagraph (C) of 69
94	105		subdivision (1) of this subsection on a case-by-case basis. Reasonable 70
95		-	assurance shall be established if (A) such board of education, regional 71
96		-	educational service center, governing authority or endowed or 72
97		-	incorporated academy has made an offer of employment to such 73
98		-	individual for the second academic year or term or for the period 74
99		-	following a customary vacation period or holiday recess, whether such 75
100		-	offer is written, oral or implied, (B) such offer was made by an employee 76
101		-	of such board of education, regional educational service center, 77
102		-	governing authority or endowed or incorporated academy with 78
103		-	authority to make such offer, (C) such offer is for services in the same 79
104		-	capacity as the services the individual provided in the first academic 80
105		-	year or term or in the period before a customary vacation period or 81
106		-	holiday recess, (D) the wages or salary in such offer are in an amount 82
107		-	not less than ninety per cent of the amount paid to such individual, in 83
108		-	aggregate, by every educational institution for which such individual 84
109		-	worked during the first academic year or term or during the period 85
110		-	before a customary vacation period or holiday recess, (E) such offer is 86
111		-	not contingent on factors within the control of such board of education, 87
112		-	regional educational service center, governing authority or endowed or 88 Substitute Bill No. 7195
	106	+	assurance shall be established if (A) the school district, regional 71
	107	+	education service center, governing authority for a state charter school 72
	108	+	or endowed or incorporated academy approved by the State Board of 73
	109	+	Education pursuant to section 10-34 of the general statutes has made an 74
	110	+	offer of employment to such individual for the second academic year or 75
	111	+	term or for the period following a customary vacation period or holiday 76
	112	+	recess, whether such offer is written, oral or implied, (B) such offer was 77
	113	+	made by an employee of the school district, regional education service 78
	114	+	center, governing authority for a state charter school or endowed or 79
	115	+	incorporated academy approved by the State Board of Education 80
	116	+	pursuant to section 10-34 of the general statutes with authority to make 81
	117	+	such offer, (C) such offer is for services in the same capacity as the 82
	118	+	Raised Bill No. 7195
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114	120
115		-	LCO 4 of 5
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117		-	incorporated academy, including, but not limited to, course 89
118		-	programming, allocation of available funding, program modifications 90
119		-	or facility availability, and (F) it is highly probable that such individual 91
120		-	will provide services in the same capacity during the second academic 92
121		-	year or term or during the period following a customary vacation period 93
122		-	or holiday recess based on the totality of circumstances of the case, 94
123		-	including, but not limited to, availability of funding, past enrollment 95
124		-	levels, the individual's level of seniority and the nature of the 96
125		-	contingencies on the offer. 97
126		-	(3) Not later than ten days before the last day of an academic year or 98
127		-	term, each local or regional board of education, regional educational 99
128		-	service center, governing authority for a state charter school or an 100
129		-	endowed or incorporated academy approved by the State Board of 101
130		-	Education pursuant to section 10-34 in the state shall submit to the Labor 102
131		-	Department, in the form and manner prescribed by the administrator, 103
132		-	(A) a list of individuals who performed services, as set forth in 104
133		-	subparagraph (B) of subdivision (1) of this subsection, in such 105
134		-	individual's capacity as a paraeducator for such board of education, 106
135		-	regional educational service center, governing authority or endowed or 107
136		-	incorporated academy and who do not have a reasonable assurance of 108
137		-	providing such services in the same capacity during the second 109
138		-	academic year or term or during the period following a customary 110
139		-	vacation period or holiday recess, including such individual's name and 111
140		-	Social Security number, and (B) a list of individuals who performed such 112
141		-	services for such board of education, regional educational service center, 113
142		-	governing authority or endowed or incorporated academy and who 114
143		-	have a reasonable assurance of providing such services in the same 115
144		-	capacity during the second academic year or term or during the period 116
145		-	following a customary vacation period or holiday recess, which list shall 117
146		-	include a description of the manner in which reasonable assurance was 118
147		-	provided to such individual, including, but not limited to, (i) whether 119
148		-	an offer was made in writing, orally or implied, (ii) the nature of any 120
149		-	contingencies in the offer, and (iii) the information about the offer 121
150		-	communicated to the individual. Such information may be considered 122 Substitute Bill No. 7195
	122	+	LCO No. 5844 4 of 5
	123	+
	124	+	services the individual provided in the first academic year or term or in 83
	125	+	the period before a customary vacation period or holiday recess, (D) the 84
	126	+	wages or salary in such offer are in an amount not less than ninety per 85
	127	+	cent of the amount paid to such individual, in aggregate, by every 86
	128	+	educational institution for which such individual worked during the 87
	129	+	first academic year or term or during the period before a customary 88
	130	+	vacation period or holiday recess, (E) such offer is not contingent on 89
	131	+	factors within the control of the school district, regional education 90
	132	+	service center, governing authority for a state charter school or endowed 91
	133	+	or incorporated academy approved by the State Board of Education 92
	134	+	pursuant to section 10-34 of the general statutes, including, but not 93
	135	+	limited to, course programming, allocation of available funding, 94
	136	+	program modifications or facility availability, and (F) it is highly 95
	137	+	probable that such individual will provide services in the same capacity 96
	138	+	during the second academic year or term or during the period following 97
	139	+	a customary vacation period or holiday recess based on the totality of 98
	140	+	circumstances of the case, including, but not limited to, availability of 99
	141	+	funding, past enrollment levels, the individual's level of seniority and 100
	142	+	the nature of the contingencies on the offer. 101
	143	+	(3) Not later than ten days before the last day of an academic year or 102
	144	+	term, each school district, regional education service center, governing 103
	145	+	authority for a state charter school or an endowed or incorporated 104
	146	+	academy approved by the State Board of Education pursuant to section 105
	147	+	10-34 of the general statutes in the state shall submit to the Labor 106
	148	+	Department, in the form and manner prescribed by the administrator, 107
	149	+	(A) a list of individuals who performed services, as set forth in 108
	150	+	subparagraph (B) of subdivision (1) of this subsection, in such 109
	151	+	individual's capacity as a paraeducator for such educational institution 110
	152	+	and who do not have a reasonable assurance of providing such services 111
	153	+	in the same capacity during the second academic year or term or during 112
	154	+	the period following a customary vacation period or holiday recess, 113
	155	+	including such individual's name and Social Security number, and (B) a 114
	156	+	list of individuals who performed such services for such educational 115
	157	+	Raised Bill No. 7195
151	158
152	159
153		-	LCO 5 of 5
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155		-	by the administrator, but shall not, on its own, demonstrate conclusive 123
156		-	evidence regarding reasonable assurance in any case. 124
	161	+	LCO No. 5844 5 of 5
	162	+
	163	+	institution and who have a reasonable assurance of providing such 116
	164	+	services in the same capacity during the second academic year or term 117
	165	+	or during the period following a customary vacation period or holiday 118
	166	+	recess, which list shall include a description of the manner in which 119
	167	+	reasonable assurance was provided to such individual, including, but 120
	168	+	not limited to, (i) whether an offer was made in writing, orally or 121
	169	+	implied, (ii) the nature of any contingencies in the offer, and (iii) the 122
	170	+	information about the offer communicated to the individual. Such 123
	171	+	information may be considered by the administrator, but shall not, on 124
	172	+	its own, demonstrate conclusive evidence regarding reasonable 125
	173	+	assurance in any case. The administrator shall consider the failure of any 126
	174	+	institution to submit such information as establishing a rebuttable 127
	175	+	presumption of the lack of reasonable assurance to an individual of 128
	176	+	performing services, as described in subparagraph (B) of subdivision (1) 129
	177	+	of this subsection, in such individual's capacity as a paraeducator 130
	178	+	during the second academic year or term or during the period following 131
	179	+	a customary vacation period or holiday recess. 132
157	180		This act shall take effect as follows and shall amend the following
158	181		sections:
159	182
160	183		Section 1 July 1, 2025 31-227(d)
161	184
162		-	Statement of Legislative Commissioners:
163		-	Subdivs. (1) and (2) were rewritten for clarity and for consistency with
164		-	standard drafting conventions.
	185	+	Statement of Purpose:
	186	+	To require the Labor Department to consider specific circumstances
	187	+	when determining whether an individual who performs services as a
	188	+	paraeducator is eligible to receive unemployment compensation.
165	189
166		-	LAB Joint Favorable Subst.
	190	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	191	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	192	+	underlined.]
167	193