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HF 1220

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:17pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/14/2019

Current Version - as introduced

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A bill for an act
relating to early childhood; amending requirements governing Head Start programs;
making technical and clarifying changes; amending Minnesota Statutes 2018,
sections 119A.50, subdivision 3; 119A.52; 119A.535; repealing Minnesota Statutes
2018, sections 119A.53; 119A.5411.

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

ARTICLE 1

HEAD START

Section 1.

Minnesota Statutes 2018, section 119A.52, is amended to read:


119A.52 deleted text begin DISTRIBUTION OF APPROPRIATIONdeleted text end new text begin HEAD START PROGRAMnew text end .

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Head Start" means a comprehensive early education program for eligible children
from birth to age five that is designed to support growth and development through a variety
of services, including early learning and healthy development.
new text end

new text begin (c) "Head Start program" or "program" means a program operated by an Early Head
Start agency, as defined in Code of Federal Regulations, title 45, section 1305.2, and a Head
Start agency, as defined in Code of Federal Regulations, title 45, section 1305.2.
new text end

new text begin Subd. 2. new text end

new text begin Program requirements. new text end

(a) The commissioner of education deleted text begin must distribute
money appropriated for that purpose to federally designated Head Start programs
deleted text end new text begin and a
Head Start program must meet federal requirements under Code of Federal Regulations,
title 45, subchapter B, for all enrollees.
new text end

new text begin (b) A Head Start program must use state fundsnew text end to expand services deleted text begin anddeleted text end new text begin in ordernew text end to serve
additional low-income childrennew text begin , which may include program reconfiguration for children
from birth to age five
new text end .

new text begin Subd. 3. new text end

new text begin Distribution. new text end

new text begin (a) The commissioner must distribute funds under this section
to federally designated Head Start programs in the manner provided in this subdivision and
subdivision 4.
new text end Migrant and Indian reservation programs must be initially allocated money
based on the programs' share of federal funds. The remaining money must be initially
allocated to the remaining local agencies based equally on the agencies' share of federal
funds and on the proportion of eligible children in the agencies' service area who are not
currently being served.

new text begin (b)new text end A Head Start program must be funded deleted text begin at adeleted text end new text begin in an odd-numbered year for each of two
fiscal years, applying the calculations under paragraph (a) to both years. If additional funds
are made available or additional programs are eligible in an even-numbered year, the
commissioner may provide funding for one fiscal year using revised calculations under
paragraph (a).
new text end

new text begin (c) Thenew text end per child ratenew text begin of funding for a program in each year must benew text end equal to its
contracted, federally funded base levelnew text begin in effectnew text end at the start of deleted text begin thedeleted text end new text begin thatnew text end fiscal year. For all
agencies without a federal Early Head Start rate, the state average federal cost per child for
Early Head Start applies.new text begin For all agencies without a federal Head Start rate, the state average
federal cost per child for Head Start applies.
new text end

new text begin (d)new text end In allocating funds under this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end , the commissioner of education
must assure that each Head Start program in existence in deleted text begin 1993deleted text end new text begin 2018new text end is allocated no less
funding in any fiscal year than was allocated to that program in fiscal year deleted text begin 1993deleted text end new text begin 2018new text end .new text begin If
available funds are insufficient to meet the requirements of this paragraph, the commissioner
must allocate funds among the programs in existence in 2018.
new text end

new text begin Subd. 4. new text end

new text begin Distribution procedures. new text end

new text begin (a)new text end Before paying money to the programs, the
commissioner must notify each program of its initial allocation deleted text begin and how the money must
be used
deleted text end new text begin for each yearnew text end .new text begin Before the start of a funding biennium,new text end each program must present
a plan under section 119A.535.new text begin A program may submit a plan revision as necessary, including
for a change in federal per child rates, in the manner prescribed by the commissioner.
new text end

new text begin (b)new text end For any program that cannot utilize its full allocation at the beginning of the fiscal
year, the commissioner must reduce the allocation proportionately. Money available after
the initial allocations are reduced must be redistributed to eligible programs.

deleted text begin (b)deleted text end new text begin (c)new text end The commissioner must develop procedures to make payments to programs based
upon the number of children reported to be enrolled during the required time period of
program operations. Enrollment is defined by federal Head Start regulations. The procedures
must include a reporting schedule, corrective action plan requirements, and financial
consequences to be imposed on programs that do not meet full enrollment after the period
of corrective action. Programs reporting chronic underenrollment, as defined by the
commissioner, will have their subsequent program year allocation reduced proportionately.
Funds made available by prorating payments and allocations to programs with reported
underenrollment will be made available to the extent funds exist to fully enrolled Head Start
programs through a form and manner prescribed by the department.

new text begin Subd. 5. new text end

new text begin Innovative initiatives. new text end

deleted text begin (c)deleted text end new text begin (a) As approved by the commissioner,new text end programs
with deleted text begin approveddeleted text end innovative initiatives that target services to high-risk populationsdeleted text begin , including
homeless families and families living in homeless shelters and transitional housing,
deleted text end are
exempt from the procedures innew text begin subdivision 4,new text end paragraph deleted text begin (b)deleted text end new text begin (c)new text end . This exemption does not
apply to entire programs. The exemption applies only to approved innovative initiatives
that target services to high-risk populations, includingnew text begin :
new text end

new text begin (1) families with a parent who is under age 21 and is pursuing a high school degree or
a course of study for a high school equivalency test;
new text end

new text begin (2) families with children in foster care or in need of child protective services;
new text end

new text begin (3) families that have experienced homelessness in the last 24 months, as defined under
the federal McKinney-Vento Homeless Assistance Act, United States Code, title 42, section
11434a; and
new text end

new text begin (4)new text end homeless families and families living in homeless shelters, transitional housing, and
permanent supportive housing.

new text begin (b) Notwithstanding subdivision 2 and as approved by the commissioner, programs with
innovative initiatives may use funds provided under this section in a manner that does not
comply with federal regulations under Code of Federal Regulations, title 45, subchapter B.
new text end

Sec. 2.

Minnesota Statutes 2018, section 119A.535, is amended to read:


119A.535 APPLICATION REQUIREMENTS.

Eligible Head Start deleted text begin organizationsdeleted text end new text begin programsnew text end must submit a plan to the department for
approval deleted text begin on a form anddeleted text end in the manner prescribed by the commissioner. The plan must
include:

(1) the number of low-income children and families the program will be able to serve;

(2) a description of the program design and service delivery area which meets the needs
of and encourages access by low-income working families;

(3) a program design that ensures fair and equitable access to Head Start services for all
populations and parts of the service area;

(4) a plan for providing Head Start services in conjunction with full-day child care
programs to minimize child transitions, increase program intensity and duration, and improve
child and family outcomes deleted text begin as required in section 119A.5411deleted text end ;

(5) identification of regular Head Start, Early Head Start, deleted text begin full-day services identified in
section 119A.5411,
deleted text end and innovative services based upon demonstrated needs to be provided;
deleted text begin and
deleted text end

(6)new text begin identification of service duration hours that meet or exceed federal minimum
requirements; and
new text end

new text begin (7)new text end evidence parents of English learners are provided with oral or written information
to monitor the program's impact on their children's English language development, know
whether their children are progressing in developing their English proficiency, and, where
practicable, their native language proficiency, and actively engage with their children in
developing their English and native language proficiency.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 119A.53; and 119A.5411, new text end new text begin are repealed.
new text end

ARTICLE 2

TECHNICAL AND CONFORMING CHANGES

Section 1.

Minnesota Statutes 2018, section 119A.50, subdivision 3, is amended to read:


Subd. 3.

Early childhood literacy programs.

(a) A research-based early childhood
literacy program premised on actively involved parents, ongoing professional staff
development, and high quality early literacy program standards is established to increase
the literacy skills ofnew text begin participatingnew text end children deleted text begin participating in Head Startdeleted text end to prepare them to be
successful readers and to increase families' participation in providing early literacy
experiences to their children. Program providers must:

(1) work to prepare children to be successful learners;

(2) work to close the achievement gap for at-risk children;

(3) use a culturally relevant integrated approach to early literacy that daily offers a
literacy-rich classroom learning environment composed of books, writing materials, writing
centers, labels, rhyming, and other related literacy materials and opportunities;

(4) support children's home language while helping the children master English and use
multiple literacy strategies to provide a cultural bridge between home and school;

(5) use literacy mentors, ongoing literacy groups, and other teachers and staff to provide
appropriate, extensive professional development opportunities in early literacy and classroom
strategies for preschool teachers and other preschool staff;

(6) use ongoing data-based assessments that enable preschool teachers to understand,
plan, and implement literacy strategies, activities, and curriculum that meet children's literacy
needs and continuously improve children's literacy;

(7) foster participation by parents, community stakeholders, literacy advisors, and
evaluation specialists; and

(8) provide parents of English learners with oral and written information to monitor the
program's impact on their children's English language development, to know whether their
children are progressing in developing their English proficiency and, where practicable,
their native language proficiency, and to actively engage with their children in developing
their English and native language proficiency.

Program providers are encouraged to collaborate with qualified, community-based early
childhood providers in implementing this program and to seek nonstate funds to supplement
the program.

(b) Program providers under paragraph (a) interested in extending literacy programs to
children in kindergarten through grade 3 may elect to form a partnership with an eligible
organization under section 124D.38, subdivision 2, or 124D.42, subdivision 8, schools
enrolling children in kindergarten through grade 3, and other interested and qualified
community-based entities to provide ongoing literacy programs that offer seamless literacy
instruction focused on closing the literacy achievement gap. To close the literacy achievement
gap by the end of third grade, partnership members must agree to use best efforts and
practices and to work collaboratively to implement a seamless literacy model from age three
to grade 3, consistent with paragraph (a). Literacy programs under this paragraph must
collect and use literacy data to:

(1) evaluate children's literacy skills;

(2) monitor the progress and provide reading instruction appropriate to the specific needs
of English learners; and

(3) formulate specific intervention strategies to provide reading instruction to children
premised on the outcomes of formative and summative assessments and research-based
indicators of literacy development.

The literacy programs under this paragraph also must train teachers and other providers
working with children to use the assessment outcomes under clause (3) to develop and use
effective, long-term literacy coaching models that are specific to the program providers.

Sec. 2. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering under this section.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 119A.50, subd. 1
new text end
new text begin 119A.52, subd. 2
new text end
new text begin 119A.50, subd. 2
new text end
new text begin 119A.52, subd. 9
new text end
new text begin 119A.50, subd. 3
new text end
new text begin 124D.42, subd. 8a
new text end
new text begin 119A.535
new text end
new text begin 119A.52, subd. 6
new text end
new text begin 119A.545
new text end
new text begin 119A.52, subd. 8
new text end

APPENDIX

Repealed Minnesota Statutes: 19-2931

119A.53 FEDERAL REQUIREMENTS.

Programs and the commissioner shall comply with federal regulations governing the federal Head Start program, except for funding for innovative initiatives under section 119A.535 as approved by the commissioner, which may be used to operate differently than federal Head Start regulations. If a state statute or rule conflicts with a federal statute or regulation, the state statute or rule prevails.

119A.5411 FULL-DAY REQUIREMENTS.

The following phase-in of full-day services in Head Start programs or licensed child care as defined in chapter 245A is required:

(1) by fiscal year 2009, a minimum of 25 percent of the total state-funded enrollment throughout the state must be provided in full-day services;

(2) by fiscal year 2011, a minimum of 40 percent of the total state-funded enrollment throughout the state must be provided in full-day services; and

(3) by fiscal year 2013, a minimum of 50 percent of the total state-funded enrollment throughout the state must be provided in full-day services.

Head Start programs may provide full-day services as part of their own program model or through agreements with licensed full-day child care programs. If licensed child care providers do not exist in a geographic area, choose not to participate, cannot meet the federal Head Start performance standards after sufficient opportunity, or a Head Start program is unable to establish the full-day services as a part of their own program model, the Head Start program may request exemption from the commissioner.