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repealed and the following is substituted in lieu thereof (Effective July 1, 2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