Public Hearing Testimony of
Danté Bartolomeo
Commissioner
Department of Labor
Labor and Public Employees Committee
March 11, 2025
Good Morning Senator Kushner, Representative Sanchez, Senator Sampson, Representative Weir and members of the Labor and Public Employees Committee. Thank you for the opportunity to provide you with written testimony regarding HB 7195: AN ACT CONCERNING UNEMPLOYMENT BENEFITS FOR PARAEDUCATORS. My name is Danté Bartolomeo, and I am the Commissioner of the Connecticut Department of Labor.
The Connecticut Department of Labor (CTDOL) understands that the intent of HB 7195 is to consider specific circumstances when determining whether an individual who performs services as a paraeducator is eligible to receive unemployment compensation. However, CTDOL must oppose this bill.
Currently, instructional, research and administrative employees at educational institutions are not eligible for unemployment compensation benefits during academic breaks if they have a “reasonable assurance” that they will return to work after the break. While the Agency appreciates the intent behind HB 7195, we must raise a legal concern for the Labor Committee to consider. First, HB 7195 would place the State of Connecticut out of conformity with federal unemployment insurance (UI) law because only the state Unemployment Compensation agency can determine if one has reasonable assurance.
HB 7195 also creates new reporting duties for each school district, regional education service center, governing authority for a state charter school or an endowed or incorporated academy approved by the State Board of Education, requiring them to submit lists to CTDOL at the end of an academic year or term to help inform the Commissioner of reasonable assurance findings. According to the U.S. Department of Labor, this list cannot be determinative, and the state still must make individual determinations for UI benefit eligibility on the existence or nonexistence of reasonable assurance. The failure of an educational institution to 2 submit the list cannot establish a rebuttable presumption of the lack of reasonable assurance. In other words, if an educational institution fails to submit such a list to the CTDOL, this does not automatically mean that all paraeducators who work for that educational institution will be deemed eligible for UI benefits. All educational employees filing between terms need to be adjudicated on a case-by-case basis. A lack of an employer response does not result in an automatic approval of UI benefits. The claimant’s statement would still need to be taken into consideration.
Thank you for the opportunity to provide the Committee with this written testimony. My staff and I are reachable to further discuss HB 7195 by directing any questions you may have to Billy Taylor, Legislative and Administrative Advisor at william.b.taylor@ct.gov or 203-947-4136.
