Minnesota Legislature
HF 2088
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:58am
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A bill for an act
relating to early childhood education; school readiness program; school readiness
service agreements; prekindergarten exploratory projects; requiring reports;
appropriating money; amending Minnesota Statutes 2008, sections 119B.13,
subdivision 1; 119B.231, subdivisions 2, 3, 4; Laws 2007, chapter 147, article
2, section 62, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 119B.13, subdivision 1, is amended to read:
Subdivision 1.
Subsidy restrictions.
(a) Beginning July 1, deleted text begin 2006deleted text end new text begin 2009new text end , the
maximum rate paid for child care assistance in any county or multicounty region under
the child care fund shall be the rate for like-care arrangements in the county effective
deleted text begin January 1, 2006deleted text end new text begin July 1, 2008new text end , increased by deleted text begin sixdeleted text end new text begin twonew text end percent.
(b) Rate changes shall be implemented for services provided in September deleted text begin 2006deleted text end new text begin
2009new text end unless a participant eligibility redetermination or a new provider agreement is
completed between July 1, deleted text begin 2006deleted text end new text begin 2009new text end , and August 31, deleted text begin 2006deleted text end new text begin 2009new text end .
As necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.
New cases approved on or after July 1, deleted text begin 2006deleted text end new text begin 2009new text end , shall have the maximum rates
under paragraph (a), implemented immediately.
(c) Every year, the commissioner shall survey rates charged by child care providers in
Minnesota to determine the 75th percentile for like-care arrangements in counties. When
the commissioner determines that, using the commissioner's established protocol, the
number of providers responding to the survey is too small to determine the 75th percentile
rate for like-care arrangements in a county or multicounty region, the commissioner may
establish the 75th percentile maximum rate based on like-care arrangements in a county,
region, or category that the commissioner deems to be similar.
(d) A rate which includes a special needs rate paid under subdivision 3 or under a
school readiness service agreement paid under section 119B.231, may be in excess of the
maximum rate allowed under this subdivision.
(e) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.
(f) When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.
(g) All maximum provider rates changes shall be implemented on the Monday
following the effective date of the maximum provider rate.
Sec. 2.
Minnesota Statutes 2008, section 119B.231, subdivision 2, is amended to read:
Subd. 2.
Provider eligibility.
(a) To be considered for an SRSA, a provider shall
apply to the commissionernew text begin or have been chosen as an SRSA provider prior to June 30,
2009, and have complied with all requirements of the SRSA agreement. Priority for funds
is given to providers who had agreements prior to June 30, 2009. If sufficient funds are
available, the commissioner shall make applications available to additional providersnew text end . To
be eligible to apply for an SRSA, a provider shall:
(1) be eligible for child care assistance payments under chapter 119B;
(2) have at least 25 percent of the children enrolled with the provider subsidized
through the child care assistance program;
(3) provide full-time, full-year child care services; and
(4) deleted text begin serve at least one child who is subsidized through the child care assistance
program and who is expected to enter kindergarten within the following 30 monthsdeleted text end new text begin have
obtained a level 3 or 4 star rating under the Parent Aware quality rating systemnew text end .
(b) The commissioner may waive the 25 percent requirement in paragraph (a),
clause (2), if necessary to achieve geographic distribution of SRSA providers and diversity
of types of care provided by SRSA providers.
(c) An eligible provider who would like to enter into an SRSA with the commissioner
shall submit an SRSA application. To determine whether to enter into an SRSA with a
provider, the commissioner shall evaluate the following factors:
(1) the deleted text begin qualifications of the provider and the provider's staffdeleted text end new text begin provider's Parent
Aware rating scorenew text end ;
deleted text begin
(2) the provider's staff-child ratios;
deleted text end
deleted text begin
(3) the provider's curriculum;
deleted text end
deleted text begin
(4) the provider's current or planned parent education activities;
deleted text end
deleted text begin (5)deleted text end new text begin (2) new text end the provider's current or planned social service and employment linkages;
deleted text begin
(6) the provider's child development assessment plan;
deleted text end
deleted text begin (7)deleted text end new text begin (3) new text end the geographic distribution needed for SRSA providers;
deleted text begin (8)deleted text end new text begin (4) new text end the inclusion of a variety of child care delivery models; and
deleted text begin (9)deleted text end new text begin (5) new text end other related factors determined by the commissioner.
Sec. 3.
Minnesota Statutes 2008, section 119B.231, subdivision 3, is amended to read:
Subd. 3.
Family and child eligibility.
(a) A family eligible to choose an SRSA
provider for their children shall:
(1) be eligible to receive child care assistance under any provision in chapter 119B
except section 119B.035;
(2) be in an authorized activity for an average of at least 35 hours per week when
initial eligibility is determined; and
(3) include a child who has not yet entered kindergarten.
(b) A family who is determined to be eligible to choose an SRSA provider remains
eligible to be paid at a higher rate through the SRSA provider when the following
conditions exist:
(1) the child attends child care with the SRSA provider a minimum of 25 hours per
week, on average;
(2) the family has a child who has not yet entered kindergarten; and
(3) the family maintains eligibility under chapter 119B except section 119B.035.
(c) deleted text begin For the 12 monthsdeleted text end After initial eligibility has been determined, a decrease in the
family's authorized activities to an average of less than 35 hours per week does not result
in ineligibility for the SRSA rate.new text begin A family must continue to maintain eligibility under this
chapter and be in an authorized activity.
new text end
(d) A family that moves between counties but continues to use the same SRSA
provider shall continue to receive SRSA funding for the increased payments.
Sec. 4.
Minnesota Statutes 2008, section 119B.231, subdivision 4, is amended to read:
Subd. 4.
Requirements of providers.
An SRSA must include assessment,
evaluation, and reporting requirements that promote the goals of improved school
readiness and movement toward appropriate child development milestones. A provider
who enters into an SRSA shall comply with new text begin all SRSA requirements, including new text end the
assessment, evaluation, and reporting requirements in the SRSA.new text begin Providers who have been
selected previously for SRSAs must begin the process to obtain a rating using Parent
Aware according to timelines established by the commissioner. If the initial Parent Aware
rating is less than three stars, the provider must submit a plan to improve the rating. If
a 3 or 4 star rating is not obtained within established timelines, the commissioner may
consider continuation of the agreement, depending upon the progress made and other
factors. Providers who apply and are selected for a new SRSA agreement on or after July
1, 2009, must have a level 3 or 4 star rating under the Parent Aware quality rating system
at the time the SRSA agreement is signed.
new text end
Sec. 5.
Laws 2007, chapter 147, article 2, section 62, subdivision 5, is amended to read:
Subd. 5.
Expenditures.
This program shall operate during fiscal years 2008 deleted text begin and
2009deleted text end new text begin through 2011new text end .
Sec. 6. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin School readiness. new text end
new text begin
$....... in fiscal year 2010 and $....... in fiscal
year 2011 are appropriated from the federal child care development fund from American
Recovery and Reinvestment Act of 2009, Public Law 111-5, funds to the commissioner of
education consistent with federal regulations for the purpose of school readiness programs
under Minnesota Statutes, sections 124D.15 and 124D.16. These funds must be allocated
to programs participating in the Parent Aware quality star rating system.
new text end
new text begin Subd. 2. new text end
new text begin Basic sliding fee. new text end
new text begin
$....... in fiscal year 2010 and $....... in fiscal year 2011
are appropriated from the federal child care development fund from American Recovery
and Reinvestment Act of 2009, Public Law 111-5, funds to the commissioner of human
services consistent with federal regulations for the purpose of basic sliding fee child care
assistance under Minnesota Statutes, section 119B.03.
new text end
new text begin Subd. 3. new text end
new text begin School readiness service agreements. new text end
new text begin
$....... in fiscal year 2010 and
$....... in fiscal year 2011 are appropriated from the federal child care development fund
from American Recovery and Reinvestment Act of 2009, Public Law 111-5, funds to the
commissioner of human services consistent with federal regulations for the purpose of
school readiness service agreements under Minnesota Statutes, section 119B.231.
new text end
new text begin Subd. 4. new text end
new text begin Prekindergarten exploratory projects. new text end
new text begin
$....... in fiscal year 2010 and
$....... in fiscal year 2011 are appropriated from the federal child care development fund
from American Recovery and Reinvestment Act of 2009, Public Law 111-5, funds to the
commissioner of human services consistent with federal regulations for the purpose of
prekindergarten exploratory projects under Laws 2007, chapter 147, article 2, section 62.
new text end
new text begin Subd. 5. new text end
new text begin Quality rating system training. new text end
new text begin
$....... in fiscal year 2010 and $....... in
fiscal year 2011 are appropriated from the federal child care development fund required
quality set-aside from American Recovery and Reinvestment Act of 2009, Public Law
111-5, funds to the commissioner of human services consistent with federal regulations
for the purpose of providing a grant to the Minnesota child care resource and referral
network to provide statewide provider training to prepare for the Parent Aware quality
star rating system.
new text end
new text begin Subd. 6. new text end
new text begin Quality rating system strategic plan. new text end
new text begin
$....... in fiscal year 2011 is
appropriated from the federal child care development fund required quality set-aside
from American Recovery and Reinvestment Act of 2009, Public Law 111-5, funds to
the commissioner of human services consistent with federal regulations for the purpose
of providing a grant to the University of Minnesota, Center for Early Education and
Development to prepare a strategic plan to identify the administrative structures and
staffing needed to expand the Parent Aware quality star rating system statewide. The
strategic plan must include recommendations regarding implementation, staffing,
information technology, and training needs. The plan must be submitted to the legislative
committees with jurisdiction over the early childhood education and child care assistance
programs by January 15, 2011.
new text end
new text begin Subd. 7. new text end
new text begin Quality rating system. new text end
new text begin
$....... in fiscal year 2010 and $....... in fiscal year
2011 are appropriated from the federal child care development fund required quality
set-aside from American Recovery and Reinvestment Act of 2009, Public Law 111-5,
funds to the commissioner of human services consistent with federal regulations for the
purpose of the Parent Aware quality star rating system. These funds may be directed by or
granted to an organization that recommends cost-effective strategies that can be brought to
scale for preparing children to succeed in school. These funds must be spent on ratings
and evaluations of the Parent Aware quality star rating system. These funds may not be
used for salaries, marketing, or scholarships.
new text end
new text begin Subd. 8. new text end
new text begin Child care assistance provider rates. new text end
new text begin
$....... in fiscal year 2010 and
$....... in fiscal year 2011 are appropriated from the federal child care development fund
from American Recovery and Reinvestment Act of 2009, Public Law 111-5, funds to the
commissioner of human services consistent with federal regulations for the purpose of
child care assistance provider rate increases under Minnesota Statutes, section 119B.13,
subdivision 1.
new text end