23-795. Contract educational providers; definition

A. Notwithstanding sections 23-779 and 23-780, benefits based on service for a contract educational provider shall not be paid to an individual for any week of unemployment that begins during a period between two successive academic years or terms if both of the following are true:

1. The individual performs these services in the first of the successive academic years or terms.

2. There is a reasonable assurance that the individual will perform the same services in the second of the academic years or terms.

B. If benefits are denied to an individual under subsection A of this section and the individual was not offered an opportunity to perform these services for the employer for the second successive academic year or term, the individual is entitled to a retroactive payment of benefits for each week to which both of the following apply:

1. The individual filed a timely claim for benefits.

2. The benefits were denied solely by reason of subsection A of this section.

C. Benefits based on service for a contract educational provider shall not be paid to an individual for any week of unemployment that begins during an established and customary vacation period or holiday recess if both of the following are true:

1. The individual performs these services in the period immediately before the vacation period or holiday recess.

2. There is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.

D. For the purposes of this section, " contract educational provider" means a private, for-profit entity that is approved by the department of education to provide and does provide special education services to pupils from schools that offer instruction in kindergarten programs and grades one through twelve.