HF 3407

as introduced - 86th Legislature (2009 - 2010) Posted on 03/04/2010 10:00am

A bill for an act
relating to early childhood; providing for early childhood education; amending
Minnesota Statutes 2008, sections 121A.16; 121A.17, subdivision 5; 124D.15,
by adding a subdivision; 124D.20, subdivision 8; Minnesota Statutes 2009
Supplement, sections 124D.10, subdivision 8; 124D.15, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 124D.

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

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 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.

new text begin [124D.145] EARLY LEARNING AND CARE SYSTEM.
new text end

new text begin The early learning and care system is defined to be a coherent structure of
research-based curriculum content, instructional practice, child and program assessments,
and performance-based child and programmatic standards as well as family supports,
professional development, engagement and outreach, accountability, financing, and
governance efforts that contribute to all aspects of children's development and prepare
all children for kindergarten. This includes children's readiness for success in meeting
Minnesota's kindergarten academic standards under section 120B.021. The system is
delivered through a variety of public and private child care, preschool, Head Start, and
school-based programs and services.
new text end

Sec. 5.

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. 6.

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) 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 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

new text begin (b) Children who do not meet the eligibility requirements may participate in a school
readiness program on a fee-for-service basis.
new text end

Sec. 7.

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.