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PAG LIN 1 1 Section 1. Section 85.20, Code 1997, is amended to read as 1 2 follows: 1 3 85.20 RIGHTS OF EMPLOYEE EXCLUSIVE. 1 4 The rights and remedies provided in this chapter, chapter 1 5 85A or chapter 85B for an employee, or a student participating 1 6 in a school-to-work program as provided in section 85.61, on 1 7 account of injury, occupational disease or occupational 1 8 hearing loss for which benefits under this chapter, chapter 1 9 85A or chapter 85B are recoverable, shall be the exclusive and 1 10 only rights and remedies ofsuchthe employee or student, the 1 11 employee's or student's personal or legal representatives, 1 12 dependents, or next of kin, at common law or otherwise, on 1 13 account of such injury, occupational disease, or occupational 1 14 hearing loss against any of the following: 1 15 1. Against the employee's employer; or. 1 16 2. Against any other employee of such employer, provided 1 17 that such injury, occupational disease, or occupational 1 18 hearing loss arises out of and in the course of such 1 19 employment and is not caused by the other employee's gross 1 20 negligence amounting to such lack of care as to amount to 1 21 wanton neglect for the safety of another. 1 22 3. For a student participating in a school-to-work 1 23 program, against the student's school district of residence, 1 24 receiving school district if the student is participating in 1 25 open enrollment under section 282.18, accredited nonpublic 1 26 school, community college, and directors, officers, 1 27 authorities, and employees of the applicable school 1 28 corporation. 1 29 Sec. 2. Section 85.60, Code 1997, is amended to read as 1 30 follows: 1 31 85.60 INJURIES WHILE IN EMPLOYMENT TRAINING OR EVALUATION. 1 32 A person participating in a school-to-work program referred 1 33 to in section 85.61, or receiving earnings while engaged in 1 34 employment training or while undergoing an employment 1 35 evaluation under the direction of a rehabilitation facility 2 1 approved for purchase-of-service contracts or for referrals by 2 2 the department of human services or the department of 2 3 education, who sustains an injury arising out of and in the 2 4 course of the school-to-work program participation, employment 2 5 training, or employment evaluation is entitled to benefits as 2 6 provided in this chapter, chapter 85A, chapter 85B, and 2 7 chapter 86. Notwithstanding the minimum benefit provisions of 2 8 this chapter,sucha person referred to in this section and 2 9 entitled to benefits under this chapter is entitled to receive 2 10 a minimum weekly benefit amount for a permanent partial 2 11 disability under section 85.34, subsection 2, or for a 2 12 permanent total disability under section 85.34, subsection 3, 2 13 equal to the weekly benefit amount of a person whose gross 2 14 weekly earnings are thirty-five percent of the statewide 2 15 average weekly wage computed pursuant to section 96.3 and in 2 16 effect at the time of the injury. 2 17 Sec. 3. Section 85.61, subsection 2, Code 1997, is amended 2 18 by adding the following new unnumbered paragraph: 2 19 NEW UNNUMBERED PARAGRAPH. "Employer" also includes and 2 20 applies to a public school corporation or an accredited 2 21 nonpublic school if a student enrolled in a public school 2 22 corporation or accredited nonpublic school is providing unpaid 2 23 services under a school-to-work program, as described in 2 24 section 258.10, subsection 2. However, if such a student is 2 25 participating in open enrollment under section 282.18, 2 26 "employer" means the student's district of residence. If a 2 27 student participating in a school-to-work program as described 2 28 in section 258.10, subsection 2, is paid for services provided 2 29 under the program, "employer" means any entity otherwise 2 30 defined as an employer under this subsection which pays the 2 31 student for providing services under the program. 2 32 Sec. 4. Section 85.61, subsection 11, Code 1997, is 2 33 amended by adding the following new unnumbered paragraph: 2 34 NEW UNNUMBERED PARAGRAPH. "Worker" or "employee" includes 2 35 a student enrolled in a public school corporation or 3 1 accredited nonpublic school who is participating in a school- 3 2 to-work program as described in section 258.10, subsection 2. 3 3 Sec. 5. Section 87.4, unnumbered paragraph 2, Code 1997, 3 4 is amended to read as follows: 3 5 A self-insurance association formed under this section and 3 6 an association comprised of cities or counties, or both, or 3 7 community colleges,as defined in section 260C.2, or school 3 8 corporations, or both, which have entered into an agreement 3 9 under chapter 28E for the purpose of establishing a self- 3 10 insured program for the payment of workers' compensation 3 11 benefits are exempt from taxation under section 432.1. 3 12 Sec. 6. Section 258.10, Code 1997, is amended to read as 3 13 follows: 3 14 258.10 POWERS OF DISTRICT BOARDS. 3 15 1. The board of directors ofanya school districtis3 16authorized tomay carry on prevocational and vocational 3 17 instruction in subjects relating to agriculture, commerce, 3 18 industry, and home economics, and to pay the expense of such 3 19 instruction in the same way as the expenses for other subjects 3 20 in the public schools arenowpaid. 3 21 2. The board of directors of a school district may 3 22 establish and maintain school-to-work programs including 3 23 alternative learning opportunities through which students may 3 24 obtain skills or training outside the classroom. School-to- 3 25 work programs include, but are not limited to, the following: 3 26 a. Short-term job shadowing opportunities for students to 3 27 explore career interests by observing work at a workplace or 3 28 to include a series of visits to various workplaces and time 3 29 spent with individual workers to observe specific jobs. 3 30 b. Structured work experiences integrating school and 3 31 work-based experiences in an internship that may be an 3 32 extension of a job shadowing experience. 3 33 c. Mentoring experiences providing students with a formal 3 34 relationship with a worksite role model who shares career 3 35 insights and teaches students specific work-related skills. 4 1 d. Career-oriented work experiences tied to school lessons 4 2 through formal or informal training agreements, formal 4 3 learning plans or mentoring, by workplace personnel who may be 4 4 paid or unpaid, and which may earn students credit toward 4 5 graduation. 4 6 e. Structured on-the-job training or apprenticeships for 4 7 students who are enrolled in a technical or professional 4 8 program that leads to a high school diploma, advanced 4 9 certificate of mastery, or associate degree. 4 10 f. Work experiences available to students in school and 4 11 community placements directly supervised by a school district 4 12 or community college staff member. 4 13 3. The board may provide workers' compensation coverage by 4 14 insuring, or self-insuring as provided in section 87.4, 4 15 students participating in unpaid school-to-work programs. A 4 16 school district's liability to students injured while 4 17 participating in an unpaid school-to-work program is as 4 18 provided in section 85.20. 4 19 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection 4 20 3, shall not apply to this Act. 4 21 EXPLANATION 4 22 This bill establishes that for purposes of the workers' 4 23 compensation law, a student participating in a school-to-work 4 24 program is defined as an employee. If the student's 4 25 participation in the program is unpaid, the public school 4 26 corporation or accredited nonpublic school offering the 4 27 program is defined as the employer. If the student is 4 28 participating in a paid school-to-work program, the entity 4 29 that pays the student is defined as the employer. 4 30 However, the workers' compensation weekly benefit amount to 4 31 a student participating in a school-to-work program is limited 4 32 to an amount for a permanent partial disability, or for a 4 33 permanent total disability, equal to the weekly benefit amount 4 34 of a person whose gross weekly earnings are 35 percent of the 4 35 statewide average weekly wage in effect at the time of the 5 1 injury, rather than the weekly benefit that would be due to a 5 2 regular employee, which would be 80 percent of the employee's 5 3 weekly earnings, but not more than 184 percent of the 5 4 statewide average weekly wage for a partial disability, and 5 5 not more than 200 percent of the statewide average weekly wage 5 6 if the injury causes permanent total disability. 5 7 Under the bill, the rights and remedies of the workers' 5 8 compensation law are the participating students exclusive and 5 9 only rights and remedies for occupational injury, occupational 5 10 disease, or occupational hearing loss. 5 11 Districts are authorized to establish and maintain school- 5 12 to-work programs including alternative learning opportunities 5 13 through which students may obtain skills or training outside 5 14 the classroom. The bill also permits school districts to 5 15 provide workers' compensation coverage by insuring or self- 5 16 insuring students participating in a school-to-work program. 5 17 This bill may include a state mandate as defined in Code 5 18 section 25B.3. This bill makes inapplicable Code section 5 19 25B.2, subsection 3, which would relieve a political 5 20 subdivision from complying with a state mandate if funding for 5 21 the cost of the state mandate is not provided or specified. 5 22 Therefore, political subdivisions are required to comply with 5 23 any state mandate included in this bill. 5 24 LSB 2177SC 77 5 25 kh/jw/5.1
Text: SSB00212 Text: SSB00214 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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