SF 2505

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 05/12/2010 08:49am

A bill for an act
relating to early childhood; making changes to early childhood education,
prevention, self-sufficiency, and lifelong learning; making changes to child
care and assistance provisions; amending Minnesota Statutes 2008, sections
119B.025, subdivision 1; 119B.09, subdivision 4; 121A.16; 121A.17,
subdivision 5; 124D.141, subdivisions 1, 2; 124D.15, subdivision 12, by adding
a subdivision; 124D.20, subdivision 8; Minnesota Statutes 2009 Supplement,
sections 124D.10, subdivision 8; 124D.15, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

EARLY CHILDHOOD EDUCATION, PREVENTION, SELF-SUFFICIENCY,
AND LIFELONG LEARNING

Section 1.

Minnesota Statutes 2008, section 121A.16, is amended to read:

121A.16 EARLY CHILDHOOD HEALTH AND DEVELOPMENT
SCREENING; PURPOSE.

The legislature finds that early detection of children's health and developmental
problems can reduce their later need for costly care, minimize their physical and
educational disabilities, and aid in their rehabilitation. The purpose of sections 121A.16
to 121A.19 is to assist parents and communities in improving the health of Minnesota
children and in planning educational and health programs. new text begin Charter schools that elect to
provide a screening program must comply with the requirements of sections 121A.16 to
121A.19.
new text end

Sec. 2.

Minnesota Statutes 2008, section 121A.17, subdivision 5, is amended to read:

Subd. 5.

Developmental screening program information.

The board must inform
each resident family with a child eligible to participate in the developmental screening
program new text begin , and a charter school that provides screening must inform families that apply
for admission to the charter school, new text end about the availability of the program and the state's
requirement that a child receive a developmental screening or provide health records
indicating that the child received a comparable developmental screening from a public
or private health care organization or individual health care provider not later than 30
days after the first day of attending kindergarten in a public school. A school district
must inform all resident families with eligible children under age seven new text begin , and a charter
school that provides screening must inform families that apply for admission to the charter
school, new text end that their children may receive a developmental screening conducted either by the
school district or by a public or private health care organization or individual health care
provider and that the screening is not required if a statement signed by the child's parent
or guardian is submitted to the administrator or other person having general control and
supervision of the school that the child has not been screened.

Sec. 3.

Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 8, is
amended to read:

Subd. 8.

Federal, state, and local requirements.

(a) A charter school shall meet all
federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.

(c) A school sponsored by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.

(d) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. A sponsor may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution. A charter school student must be released for religious instruction, consistent
with section 120A.22, subdivision 12, clause (3).

(e) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled.

(f) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.

(g) A charter school may not charge tuition.

(h) A charter school is subject to and must comply with chapter 363A and section
121A.04.

(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(j) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the Federal Single Audit Act, if applicable,
and section 6.65. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and
471.425. The audit must comply with the requirements of sections 123B.75 to 123B.83,
except to the extent deviations are necessary because of the program at the school.
Deviations must be approved by the commissioner and authorizer. The Department of
Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
or compliance audits. A charter school determined to be in statutory operating debt under
sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

(k) A charter school is a district for the purposes of tort liability under chapter 466.

(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.

(m) A charter school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(n) A charter school offering online courses or programs must comply with section
124D.095.

(o) A charter school and charter school board of directors are subject to chapter 181.

(p) A charter school must comply with section 120A.22, subdivision 7, governing
the transfer of students' educational records and sections 138.163 and 138.17 governing
the management of local records.

new text begin (q) A charter school that provides early childhood health and developmental
screening must comply with sections 121A.16 to 121A.19.
new text end

Sec. 4.

Minnesota Statutes 2008, section 124D.141, subdivision 1, is amended to read:

Subdivision 1.

Membership; duties.

Two members of the house of representatives,
one appointed by the speaker and one appointed by the minority leader; and two members
of the senate appointed by the Subcommittee on Committees of the Committee on Rules
and Administration, including one member of the minority; new text begin the commissioner of health or
the commissioner's designee; new text end and two parents with a child under age six, shall be added
to the membership of the State Advisory Council on Early Education and Care. The
council must fulfill the duties required under the federal Improving Head Start for School
Readiness Act of 2007 as provided in Public Law 110-134.

Sec. 5.

Minnesota Statutes 2008, section 124D.141, subdivision 2, is amended to read:

Subd. 2.

Additional duties.

The following duties are added to those assigned
to the council under federal law:

(1) make recommendations on the most efficient and effective way to leverage state
and federal funding streams for early childhood and child care programs;

(2) make recommendations on how to coordinate or colocate early childhood
and child care programs in one state Office of Early Learning deleted text begin ; deleted text end new text begin . The council shall
establish a task force to develop these recommendations. The task force shall include
two nonexecutive branch or nonlegislative branch representatives from the council; six
representatives from the early childhood caucus; two representatives each from the
Departments of Education, Human Services, and Health; one representative each from a
local public health agency, a local county human services agency, and a school district; and
two representatives from the private nonprofit organizations that support early childhood
programs in Minnesota. In developing recommendations in coordination with existing
efforts of the council, the task force shall consider how to:
new text end

new text begin (i) consolidate and coordinate resources and public funding streams for early
childhood education and child care, and ensure the accountability and coordinated
development of all early childhood education and child care services to children from birth
to kindergarten entrance;
new text end

new text begin (ii) create a seamless transition from early childhood programs to kindergarten;
new text end

new text begin (iii) encourage family choice by ensuring a mixed system of high-quality public and
private programs, with local points of entry, staffed by well-qualified professionals;
new text end

new text begin (iv) ensure parents a decisive role in the planning, operation, and evaluation of
programs that aid families in the care of children;
new text end

new text begin (v) provide consumer education and accessibility to early childhood education
and child care resources;
new text end

new text begin (vi) advance the quality of early childhood education and child care programs in
order to support the healthy development of children and preparation for their success
in school;
new text end

new text begin (vii) develop a seamless service delivery system with local points of entry for early
childhood education and child care programs administered by local, state, and federal
agencies;
new text end

new text begin (viii) ensure effective collaboration between state and local child welfare programs
and early childhood mental health programs and the Office of Early Learning;
new text end

new text begin (ix) develop and manage an effective data collection system to support the necessary
functions of a coordinated system of early childhood education and child care in order to
enable accurate evaluation of its impact;
new text end

new text begin (x) respect and be sensitive to family values and cultural heritage; and
new text end

new text begin (xi) establish the administrative framework for and promote the development of
early childhood education and child care services in order to provide that these services,
staffed by well-qualified professionals, are available in every community for all families
that express a need for them.
new text end

new text begin In addition, the task force must consider the following responsibilities for transfer
to the Office of Early Learning:
new text end

new text begin (A) responsibilities of the commissioner of education for early childhood education
programs and financing under sections 119A.50 to 119A.535, 121A.16 to 121A.19, and
124D.129 to 124D.2211;
new text end

new text begin (B) responsibilities of the commissioner of human services for child care assistance,
child care development, and early childhood learning and child protection facilities
programs and financing under chapter 119B and section 256E.37; and
new text end

new text begin (C) responsibilities of the commissioner of health for family home visiting programs
and financing under section 145A.17.
new text end

new text begin Any costs incurred by the council in making these recommendations must be paid
from private funds. If no private funds are received, the council must not proceed in
making these recommendations. The council must report its recommendations to the
governor and the legislature by January 15, 2011;
new text end

(3) review program evaluations regarding high-quality early childhood programs;
deleted text begin and
deleted text end

(4) make recommendations to the governor and legislature, including proposed
legislation on how to most effectively create a high-quality early childhood system in
Minnesota in order to improve the educational outcomes of children so that all children
are school-ready by 2020 deleted text begin . deleted text end new text begin ;
new text end

new text begin (5) make recommendations to the governor and the legislature by March 1, 2011, on
the creation and implementation of a statewide school readiness report card to monitor
progress toward the goal of having all children ready for kindergarten by the year 2020.
The recommendations shall include what should be measured including both children and
system indicators, what benchmarks should be established to measure state progress
toward the goal, and how frequently the report card should be published. In making their
recommendations, the council shall consider the indicators and strategies for Minnesota's
early childhood system report, the Minnesota school readiness study, developmental
assessment at kindergarten entrance, and the work of the council's accountability
committee. Any costs incurred by the council in making these recommendations must be
paid from private funds. If no private funds are received, the council must not proceed in
making these recommendations; and
new text end

new text begin (6) make recommendations to the governor and the legislature on how to screen
earlier and comprehensively assess children for school readiness in order to provide
increased early interventions and increase the number of children ready for kindergarten.
In formulating their recommendations, the council shall consider (i) ways to interface
with parents of children who are not participating in early childhood education or care
programs, (ii) ways to interface with family child care providers, child care centers, and
school-based early childhood and Head Start programs, (iii) if there are age-appropriate
and culturally sensitive screening and assessment tools for three-, four-, and five-year-olds,
(iv) the role of the medical community in screening, (v) incentives for parents to have
children screened at an earlier age, (vi) incentives for early education and care providers
to comprehensively assess children in order to improve instructional practice, (vii) how to
phase in increases in screening and assessment over time, (viii) how the screening and
assessment data will be collected and used and who will have access to the data, (ix)
how to monitor progress toward the goal of having 50 percent of three-year-old children
screened and 50 percent of entering kindergarteners assessed for school readiness by 2015
and 100 percent of three-year-old children screened and entering kindergarteners assessed
for school readiness by 2020, and (x) costs to meet these benchmarks. The council shall
consider the screening instruments and comprehensive assessment tools used in Minnesota
early childhood education and care programs and kindergarten. The council may survey
early childhood education and care programs in the state to determine the screening and
assessment tools being used or rely on previously collected survey data, if available. For
purposes of this subdivision, "school readiness" is defined as the child's skills, knowledge,
and behaviors at kindergarten entrance in these areas of child development: social;
self-regulation; cognitive, including language, literacy, and mathematical thinking; and
physical. For purposes of this subdivision, "screening" is defined as the activities used to
identify a child who may need further evaluation to determine delay in development or
disability. For purposes of this subdivision, "assessment" is defined as the activities used
to determine a child's level of performance in order to promote the child's learning and
development. Work on this duty will begin in fiscal year 2012. Any costs incurred by the
council in making these recommendations must be paid from private funds. If no private
funds are received, the council must not proceed in making these recommendations. The
council must report its recommendations to the governor and legislature by January 15,
2013, with an interim report on February 15, 2011.
new text end

Sec. 6.

Minnesota Statutes 2009 Supplement, section 124D.15, subdivision 3, is
amended to read:

Subd. 3.

Program requirements.

A school readiness program provider must:

(1) assess each child's cognitive skills with a comprehensive child assessment
instrument when the child enters and again before the child leaves the program to inform
program planning and parents and promote kindergarten readiness;

(2) provide comprehensive program content and intentional instructional practice
aligned with the state early childhood learning guidelines and kindergarten standards and
based on early childhood research and professional practice that is focused on children's
cognitive, social, emotional, and physical skills and development and prepares children
for the transition to kindergarten, including early literacy skills;

(3) coordinate appropriate kindergarten transition with parents and kindergarten
teachers;

deleted text begin (4) arrange for early childhood screening and appropriate referral;
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end involve parents in program planning and decision making;

deleted text begin (6) deleted text end new text begin (5) new text end coordinate with relevant community-based services;

deleted text begin (7) deleted text end new text begin (6) new text end cooperate with adult basic education programs and other adult literacy
programs;

deleted text begin (8) deleted text end new text begin (7) new text end ensure staff-child ratios of one-to-ten and maximum group size of 20 children
with the first staff required to be a teacher; and

deleted text begin (9) deleted text end new text begin (8) new text end have teachers knowledgeable in early childhood curriculum content,
assessment, and instruction.

Sec. 7.

Minnesota Statutes 2008, section 124D.15, subdivision 12, is amended to read:

Subd. 12.

Program fees.

A district must adopt a sliding fee schedule based on a
family's income but must waive a fee for a participant unable to pay. new text begin School districts must
use school readiness aid for eligible children. Children who do not meet the eligibility
requirements in subdivision 15 may participate on a fee-for-service basis.
new text end

Sec. 8.

Minnesota Statutes 2008, section 124D.15, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Eligibility. new text end

new text begin A child is eligible to participate in a school readiness program
if the child:
new text end

new text begin (1) is at least three years old on September 1;
new text end

new text begin (2) has completed health and developmental screening within 90 days of program
enrollment under sections 121A.16 to 121A.19; and
new text end

new text begin (3) has one or more of the following risk factors:
new text end

new text begin (i) qualifies for free or reduced-price lunch;
new text end

new text begin (ii) is an English language learning child;
new text end

new text begin (iii) is homeless;
new text end

new text begin (iv) has an individualized education program (IEP) or an individual interagency
intervention plan (IIIP);
new text end

new text begin (v) is identified, through health and developmental screenings under sections
121A.16 to 121A.19, with a potential risk factor that may influence learning; or
new text end

new text begin (vi) is defined as at risk by the school district.
new text end

Sec. 9.

Minnesota Statutes 2008, section 124D.20, subdivision 8, is amended to read:

Subd. 8.

Uses of general revenue.

(a) General community education revenue
may be used for:

(1) nonvocational, recreational, and leisure time activities and programs;

(2) programs for adults with disabilities, if the programs and budgets are approved
by the department;

(3) adult basic education programs, according to section 124D.52;

(4) summer programs for elementary and secondary pupils;

(5) implementation of a youth development plan;

(6) implementation of a youth service program;

(7) early childhood family education programs, according to section 124D.13; deleted text begin and deleted text end

(8) new text begin school readiness programs, according to section 124D.15; and
new text end

new text begin (9) new text end extended day programs, according to section 124D.19, subdivision 11.

deleted text begin (9) deleted text end new text begin (b) new text end In addition to money from other sources, a district may use up to ten percent
of its community education revenue for equipment that is used exclusively in community
education programs. This revenue may be used only for the following purposes:

deleted text begin (i) deleted text end new text begin (1) new text end to purchase or lease computers and related materials;

deleted text begin (ii) deleted text end new text begin (2) new text end to purchase or lease equipment for instructional programs; and

deleted text begin (iii) deleted text end new text begin (3) new text end to purchase textbooks and library books.

deleted text begin (b) deleted text end new text begin (c) new text end General community education revenue must not be used to subsidize the
direct activity costs for adult enrichment programs. Direct activity costs include, but
are not limited to, the cost of the activity leader or instructor, cost of materials, or
transportation costs.

ARTICLE 2

CHILD CARE

Section 1.

Minnesota Statutes 2008, section 119B.025, subdivision 1, is amended to
read:

Subdivision 1.

Factors which must be verified.

(a) The county shall verify the
following at all initial child care applications using the universal application:

(1) identity of adults;

(2) presence of the minor child in the home, if questionable;

(3) relationship of minor child to the parent, stepparent, legal guardian, eligible
relative caretaker, or the spouses of any of the foregoing;

(4) age;

(5) immigration status, if related to eligibility;

(6) Social Security number, if given;

(7) income;

(8) spousal support and child support payments made to persons outside the
household;

(9) residence; and

(10) inconsistent information, if related to eligibility.

(b) If a family did not use the universal application or child care addendum to apply
for child care assistance, the family must complete the universal application or child care
addendum at its next eligibility redetermination and the county must verify the factors
listed in paragraph (a) as part of that redetermination. Once a family has completed a
universal application or child care addendum, the county shall use the redetermination
form described in paragraph (c) for that family's subsequent redeterminations. Eligibility
must be redetermined at least every six months. new text begin For a family where at least one parent is
under the age of 21, does not have a high school or general equivalency diploma, and is a
student in a school district or another similar program that provides or arranges for child
care, as well as parenting, social services, career and employment supports, and academic
support to achieve high school graduation, the redetermination of eligibility shall be
deferred beyond six months, but not to exceed 12 months, to the end of the student's
school year. new text end If a family reports a change in an eligibility factor before the family's next
regularly scheduled redetermination, the county must recalculate eligibility without
requiring verification of any eligibility factor that did not change.

(c) The commissioner shall develop a redetermination form to redetermine eligibility
and a change report form to report changes that minimize paperwork for the county and
the participant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 15, 2010.
new text end

Sec. 2.

Minnesota Statutes 2008, section 119B.09, subdivision 4, is amended to read:

Subd. 4.

Eligibility; annual income; calculation.

Annual income of the applicant
family is the current monthly income of the family multiplied by 12 or the income for
the 12-month period immediately preceding the date of application, or income calculated
by the method which provides the most accurate assessment of income available to the
family. Self-employment income must be calculated based on gross receipts less operating
expenses. Income must be recalculated when the family's income changes, but no less
often than every six months. new text begin For a family where at least one parent is under the age
of 21, does not have a high school or general equivalency diploma, and is a student in
a school district or another similar program that provides or arranges for child care,
as well as parenting, social services, career and employment supports, and academic
support to achieve high school graduation, income must be recalculated when the family's
income changes, but otherwise shall be deferred beyond six months, but not to exceed 12
months, to the end of the student's school year. new text end Income must be verified with documentary
evidence. If the applicant does not have sufficient evidence of income, verification must
be obtained from the source of the income.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 15, 2010.
new text end

Sec. 3. new text begin QUALITY RATING SYSTEM TRAINING, COACHING,
CONSULTATION, AND SUPPORTS.
new text end

new text begin The commissioner of human services shall direct $500,000 in federal child care
development funds used for grants under Minnesota Statutes, section 119B.21, in fiscal
year 2011 for the purpose of providing statewide child care provider training, coaching,
consultation, and supports to prepare for the voluntary Minnesota quality rating system.
This is a onetime appropriation. In addition, to the extent that private funds are made
available, the commissioner shall designate those funds for this purpose.
new text end

Sec. 4. new text begin CHILD CARE ASSISTANCE REDETERMINATION OF ELIGIBILITY
AND INFORMATION VERIFICATION.
new text end

new text begin The commissioner of human services shall use existing resources to implement
the changes in this bill related to child care assistance redetermination of eligibility and
information verification under Minnesota Statutes, sections 119B.025, subdivision 1, and
119B.09, subdivision 4.
new text end