HF 3785

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/04/2024 03:53pm

A bill for an act
relating to early education; modifying the voluntary prekindergarten program;
amending Minnesota Statutes 2022, section 124D.151, by adding a subdivision;
Minnesota Statutes 2023 Supplement, section 124D.151, subdivisions 5, 6.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 124D.151, subdivision 5, is
amended to read:

Subd. 5.

Application process; priority for high poverty schools.

(a) deleted text begin To qualify for
program approval for fiscal year 2017, a district or charter school must submit an application
to the commissioner by July 1, 2016. deleted text end To qualify for program approval deleted text begin for fiscal year 2018
and later deleted text end , a district or charter school must submit an application to the commissioner by
January 30 of the fiscal year prior to the fiscal year in which the program will be
implemented. The application must include:

(1) a description of the proposed program, including the number of hours per week the
program will be offered at each school site or mixed-delivery location;

(2) an estimate of the number of eligible children to be served in the program at each
school site or mixed-delivery location; and

(3) a statement of assurances signed by the superintendent or charter school director that
the proposed program meets the requirements of subdivision 2.

(b) The commissioner deleted text begin must review all applications submitted for fiscal year 2017 by
August 1, 2016, and deleted text end must review all applications deleted text begin submitted for fiscal year 2018 and later deleted text end
by March 1 of the fiscal year in which the applications are received and determine whether
each application meets the requirements of paragraph (a).

(c) The commissioner must divide all applications for new or expanded voluntary
prekindergarten programs under this section meeting the requirements of paragraph (a) and
school readiness plus programs into deleted text begin four deleted text end new text begin five new text end groups as follows: the Minneapolis deleted text begin and deleted text end new text begin school
district; the new text end St. Paul school deleted text begin districts deleted text end new text begin district new text end ; other school districts located in the metropolitan
equity region as defined in section 126C.10, subdivision 28; school districts located in the
rural equity region as defined in section 126C.10, subdivision 28; and charter schools.
Within each group, the applications must be ordered by rank using a sliding scale based on
the following criteria:

(1) concentration of kindergarten students eligible for free or reduced-price meals by
school site on October 1 of the previous school year. A school site may contract to partner
with a community-based provider or Head Start under subdivision 3 or establish an early
childhood center and use the concentration of kindergarten students eligible for free or
reduced-price meals from a specific school site as long as those eligible children are
prioritized and guaranteed services at the mixed-delivery site or early education center. For
school district programs to be operated at locations that do not have free and reduced-price
meals concentration data for kindergarten programs for October 1 of the previous school
year, including mixed-delivery programs, the school district average concentration of
kindergarten students eligible for free or reduced-price meals must be used for the rank
ordering;

(2) presence or absence of a three- or four-star Parent Aware rated program within the
school district or close proximity of the district. School sites with the highest concentration
of kindergarten students eligible for free or reduced-price meals that do not have a three-
or four-star Parent Aware program within the district or close proximity of the district shall
receive the highest priority, and school sites with the lowest concentration of kindergarten
students eligible for free or reduced-price meals that have a three- or four-star Parent Aware
rated program within the district or close proximity of the district shall receive the lowest
priority; and

(3) whether the district has implemented a mixed delivery system.

deleted text begin (d) The limit on participation for the programs as specified in subdivision 6 must initially
be allocated among the four groups based on each group's percentage share of the statewide
kindergarten enrollment on October 1 of the previous school year. Within each group, the
participation limit for fiscal years 2018 and 2019 must deleted text end deleted text begin first be allocated to school sites
approved for aid in the previous year to ensure that those sites are funded for the same
number of participants as approved for the previous year. The remainder of the participation
limit for each group must be allocated among school sites in priority order until that region's
share of the participation limit is reached. If the participation limit is not reached for all
groups, the remaining amount must be allocated to the highest priority school sites, as
designated under this section, not funded in the initial allocation on a statewide basis. For
fiscal year 2020 and later, the participation limit must first be allocated to school sites
approved for aid in fiscal year 2017, and then to school sites approved for aid in fiscal year
2018 based on the statewide rankings under paragraph (c).
deleted text end

deleted text begin (e) Once a school site or a mixed delivery site under subdivision 3 is approved for aid
under this subdivision, it shall remain eligible for aid if it continues to meet program
requirements, regardless of changes in the concentration of students eligible for free or
reduced-price meals.
deleted text end

deleted text begin (f) If the total number of participants approved based on applications submitted under
paragraph (a) is less than the participation limit under subdivision 6, the commissioner must
notify all school districts and charter schools of the amount that remains available within
30 days of the initial application deadline under paragraph (a), and complete a second round
of allocations based on applications received within 60 days of the initial application deadline.
deleted text end

deleted text begin (g) Procedures for approving applications submitted under paragraph (f) shall be the
same as specified in paragraphs (a) to (d), except that the allocations shall be made to the
highest priority school sites not funded in the initial allocation on a statewide basis.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 124D.151, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Participation limit allocation. new text end

new text begin (a) Beginning July 1, 2024, the participation
limit specified in subdivision 6 must be initially allocated as follows:
new text end

new text begin (1) a school site or mixed delivery site must receive the same number of seats the site
received in fiscal year 2024; and
new text end

new text begin (2) the remaining seats must be allocated among the five groups identified under
subdivision 5, paragraph (c), based on each group's percentage share of the statewide
kindergarten enrollment on October 1 of the previous school year.
new text end

new text begin (b) Within each group:
new text end

new text begin (1) the seats must be first allocated to any school sites and mixed delivery sites approved
for aid in the previous year; and
new text end

new text begin (2) any remaining seats must be allocated among school sites in priority order, as
determined under subdivision 5, paragraph (c), until the group's share of seats are allocated.
new text end

new text begin (c) If a group's entire share of seats is not allocated under paragraphs (a) and (b), then
the remaining seats must be allocated to the highest priority school sites and mixed delivery
sites in the state, as designated under subdivision 5, paragraph (c), not funded in the allocation
under paragraphs (a) and (b).
new text end

new text begin (d) Once a school site or a mixed delivery site is approved for aid under subdivision 5
and is allocated seats under this subdivision, it shall remain eligible for aid and seats if it
continues to meet program requirements, regardless of changes in the concentration of
students eligible for free or reduced-price meals.
new text end

new text begin (e) If the total number of participants approved based on applications submitted under
subdivision 5, paragraph (a), is less than the participation limit under subdivision 6, the
commissioner must notify all school districts and charter schools of the amount that remains
available within 30 days of the initial application deadline under subdivision 5, paragraph
(a), and complete a second round of allocations based on applications received within 60
days of the initial application deadline.
new text end

new text begin (f) Procedures for approving applications submitted under paragraph (e) shall be the
same as specified in subdivision 5, and the allocations shall be made to the highest priority
school sites in the state as designated under subdivision 5, paragraph (c), not funded in the
initial allocation under paragraphs (a) and (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 124D.151, subdivision 6, is amended
to read:

Subd. 6.

Participation limits.

(a) Notwithstanding section 126C.05, subdivision 1,
paragraph (c), the pupil units for a voluntary prekindergarten program for an eligible school
district or charter school must not exceed 60 percent of the kindergarten pupil units for that
school district or charter school under section 126C.05, subdivision 1, paragraph (d).

(b) In reviewing applications under subdivision 5 new text begin and allocating seats under subdivision
5a new text end , the commissioner must limit the total number of participants in the voluntary
prekindergarten and school readiness plus programs under Laws 2017, First Special Session
chapter 5, article 8, section 9, to not more than 7,160 participants for fiscal years 2023,
2024, and 2025, and 12,360 participants for fiscal year 2026 and later.