Text: SF00360 Text: SF00362 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 361 1 2 1 3 AN ACT 1 4 RELATING TO THE STATE WORKERS' COMPENSATION COVERAGE FOR 1 5 STUDENTS PARTICIPATING IN SCHOOL-TO-WORK PROGRAMS AND 1 6 PROVIDING FOR RELATED MATTERS. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 85.20, Code 1997, is amended to read as 1 11 follows: 1 12 85.20 RIGHTS OF EMPLOYEE EXCLUSIVE. 1 13 The rights and remedies provided in this chapter, chapter 1 14 85A or chapter 85B for an employee, or a student participating 1 15 in a school-to-work program as provided in section 85.61, on 1 16 account of injury, occupational disease or occupational 1 17 hearing loss for which benefits under this chapter, chapter 1 18 85A or chapter 85B are recoverable, shall be the exclusive and 1 19 only rights and remedies ofsuchthe employee or student, the 1 20 employee's or student's personal or legal representatives, 1 21 dependents, or next of kin, at common law or otherwise, on 1 22 account of such injury, occupational disease, or occupational 1 23 hearing loss against any of the following: 1 24 1. Against the employee's employer; or. 1 25 2. Against any other employee of such employer, provided 1 26 that such injury, occupational disease, or occupational 1 27 hearing loss arises out of and in the course of such 1 28 employment and is not caused by the other employee's gross 1 29 negligence amounting to such lack of care as to amount to 1 30 wanton neglect for the safety of another. 1 31 3. For a student participating in a school-to-work 1 32 program, against the student's school district of residence, 1 33 receiving school district if the student is participating in 1 34 open enrollment under section 282.18, accredited nonpublic 1 35 school, community college, and directors, officers, 2 1 authorities, and employees of the applicable school 2 2 corporation. 2 3 Sec. 2. Section 85.60, Code 1997, is amended to read as 2 4 follows: 2 5 85.60 INJURIES WHILE IN EMPLOYMENT TRAINING OR EVALUATION. 2 6 A person participating in a school-to-work program referred 2 7 to in section 85.61, or receiving earnings while engaged in 2 8 employment training or while undergoing an employment 2 9 evaluation under the direction of a rehabilitation facility 2 10 approved for purchase-of-service contracts or for referrals by 2 11 the department of human services or the department of 2 12 education, who sustains an injury arising out of and in the 2 13 course of the school-to-work program participation, employment 2 14 training, or employment evaluation is entitled to benefits as 2 15 provided in this chapter, chapter 85A, chapter 85B, and 2 16 chapter 86. Notwithstanding the minimum benefit provisions of 2 17 this chapter,sucha person referred to in this section and 2 18 entitled to benefits under this chapter is entitled to receive 2 19 a minimum weekly benefit amount for a permanent partial 2 20 disability under section 85.34, subsection 2, or for a 2 21 permanent total disability under section 85.34, subsection 3, 2 22 equal to the weekly benefit amount of a person whose gross 2 23 weekly earnings are thirty-five percent of the statewide 2 24 average weekly wage computed pursuant to section 96.3 and in 2 25 effect at the time of the injury. 2 26 Sec. 3. Section 85.61, subsection 2, Code 1997, is amended 2 27 by adding the following new unnumbered paragraph: 2 28 NEW UNNUMBERED PARAGRAPH. "Employer" also includes and 2 29 applies to an eligible postsecondary institution as defined in 2 30 section 261C.3, subsection 1, a school corporation, or an 2 31 accredited nonpublic school if a student enrolled in the 2 32 eligible postsecondary institution, school corporation, or 2 33 accredited nonpublic school is providing unpaid services under 2 34 a school-to-work program that includes, but is not limited to, 2 35 the components provided for in section 258.10, subsection 2, 3 1 paragraphs "a" through "f". However, if such a student is 3 2 participating in open enrollment under section 282.18, 3 3 "employer" means the receiving district. If a student 3 4 participating in a school-to-work program that includes, but 3 5 is not limited to, the components provided for in section 3 6 258.10, subsection 2, paragraphs "a" through "f", is paid for 3 7 services provided under the program, "employer" means any 3 8 entity otherwise defined as an employer under this subsection 3 9 which pays the student for providing services under the 3 10 program. 3 11 Sec. 4. Section 85.61, subsection 11, Code 1997, is 3 12 amended by adding the following new unnumbered paragraph: 3 13 NEW UNNUMBERED PARAGRAPH. "Worker" or "employee" includes 3 14 a student enrolled in a public school corporation or 3 15 accredited nonpublic school who is participating in a school- 3 16 to-work program that includes, but is not limited to, the 3 17 components provided for in section 258.10, subsection 2, 3 18 paragraphs "a" through "f". 3 19 Sec. 5. Section 87.4, unnumbered paragraph 2, Code 1997, 3 20 is amended to read as follows: 3 21 A self-insurance association formed under this section and 3 22 an association comprised of cities or counties, or both, or 3 23 community colleges,as defined in section 260C.2, or school 3 24 corporations, or both, which have entered into an agreement 3 25 under chapter 28E for the purpose of establishing a self- 3 26 insured program for the payment of workers' compensation 3 27 benefits are exempt from taxation under section 432.1. 3 28 Sec. 6. Section 258.10, Code 1997, is amended to read as 3 29 follows: 3 30 258.10 POWERS OF DISTRICT BOARDS. 3 31 1. The board of directors ofanya school districtis3 32authorized tomay carry on prevocational and vocational 3 33 instruction in subjects relating to agriculture, commerce, 3 34 industry, and home economics, and to pay the expense of such 3 35 instruction in the same way as the expenses for other subjects 4 1 in the public schools arenowpaid. 4 2 2. The board of directors of a school district may 4 3 establish and maintain school-to-work programs including 4 4 alternative learning opportunities through which students may 4 5 obtain skills or training outside the classroom. School-to- 4 6 work programs include, but are not limited to, the following: 4 7 a. Short-term job shadowing opportunities for students to 4 8 explore career interests by observing work at a workplace or 4 9 to include a series of visits to various workplaces and time 4 10 spent with individual workers to observe specific jobs. 4 11 b. Structured work experiences integrating school and 4 12 work-based experiences in an internship that may be an 4 13 extension of a job shadowing experience. 4 14 c. Mentoring experiences providing students with a formal 4 15 relationship with a worksite role model who shares career 4 16 insights and teaches students specific work-related skills. 4 17 d. Career-oriented work experiences tied to school lessons 4 18 through formal or informal training agreements, formal 4 19 learning plans or mentoring, by workplace personnel who may be 4 20 paid or unpaid, and which may earn students credit toward 4 21 graduation. 4 22 e. Structured on-the-job training or apprenticeships for 4 23 students who are enrolled in a technical or professional 4 24 program that leads to a high school diploma, advanced 4 25 certificate of mastery, or associate degree. 4 26 f. Work experiences available to students in school and 4 27 community placements directly supervised by a school district 4 28 or community college staff member. 4 29 3. The board may provide workers' compensation coverage by 4 30 insuring, or self-insuring as provided in section 87.4, 4 31 students participating in unpaid school-to-work programs. A 4 32 school district's liability to students injured while 4 33 participating in an unpaid school-to-work program is as 4 34 provided in section 85.20. 4 35 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection 5 1 3, shall not apply to this Act. 5 2 5 3 5 4 5 5 MARY E. KRAMER 5 6 President of the Senate 5 7 5 8 5 9 5 10 RON J. CORBETT 5 11 Speaker of the House 5 12 5 13 I hereby certify that this bill originated in the Senate and 5 14 is known as Senate File 361, Seventy-seventh General Assembly. 5 15 5 16 5 17 5 18 MARY PAT GUNDERSON 5 19 Secretary of the Senate 5 20 Approved , 1997 5 21 5 22 5 23 5 24 TERRY E. BRANSTAD 5 25 Governor
Text: SF00360 Text: SF00362 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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