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HF 1

as introduced - 91st Legislature (2019 - 2020) Posted on 01/17/2019 02:50pm

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

Bill Text Versions

Engrossments
Introduction Posted on 01/10/2019

Current Version - as introduced

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A bill for an act
relating to early childhood; creating additional funding and opportunities for
children ages birth to three; governing certain programs and funding for prenatal
care services, home visiting, early childhood education, and child care assistance;
appropriating money; amending Minnesota Statutes 2018, sections 119B.13,
subdivision 1; 124D.151, subdivision 6; 126C.05, subdivision 1; 145.928,
subdivisions 1, 7; Laws 2017, First Special Session chapter 5, article 8, section 8;
proposing coding for new law in Minnesota Statutes, chapters 16A; 145.

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

ARTICLE 1

PRENATAL CARE

Section 1. new text beginGREAT START FOR ALL MINNESOTA CHILDREN ACT.
new text end

new text begin This act may be cited as the "Great Start For All Minnesota Children Act."
new text end

Sec. 2.

Minnesota Statutes 2018, section 145.928, subdivision 1, is amended to read:


Subdivision 1.

Goal; establishment.

It is the goal of the state, by 2010, to decrease by
50 percent the disparities in infant mortality rates and adult and child immunization rates
for American Indians and populations of color, as compared with rates for whites. To do
so and to achieve other measurable outcomes, the commissioner of health shall establish a
program to close the gap in the health status of American Indians and populations of color
as compared with whites in the following priority areas: infant mortality, new text beginaccess to and
utilization of high-quality prenatal care,
new text endbreast and cervical cancer screening, HIV/AIDS
and sexually transmitted infections, adult and child immunizations, cardiovascular disease,
diabetes, and accidental injuries and violence.

Sec. 3.

Minnesota Statutes 2018, section 145.928, subdivision 7, is amended to read:


Subd. 7.

Community grant program; immunization ratesnew text begin, prenatal care access and
utilization,
new text end and infant mortality rates.

(a) The commissioner shall award grants to eligible
applicants for local or regional projects and initiatives directed at reducing health disparities
in one or deleted text beginbothdeleted text endnew text begin morenew text end of the following priority areas:

(1) decreasing racial and ethnic disparities in infant mortality rates; deleted text beginor
deleted text end

new text begin (2) decreasing racial and ethnic disparities in access to and utilization of high-quality
prenatal care; or
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end increasing adult and child immunization rates in nonwhite racial and ethnic
populations.

(b) The commissioner may award up to 20 percent of the funds available as planning
grants. Planning grants must be used to address such areas as community assessment,
coordination activities, and development of community supported strategies.

(c) Eligible applicants may include, but are not limited to, faith-based organizations,
social service organizations, community nonprofit organizations, community health boards,
tribal governments, and community clinics. Applicants must submit proposals to the
commissioner. A proposal must specify the strategies to be implemented to address one or
deleted text begin bothdeleted text endnew text begin morenew text end of the priority areas listed in paragraph (a) and must be targeted to achieve the
outcomes established according to subdivision 3.

(d) The commissioner shall give priority to applicants who demonstrate that their
proposed project or initiative:

(1) is supported by the community the applicant will serve;

(2) is research-based or based on promising strategies;

(3) is designed to complement other related community activities;

(4) utilizes strategies that positively impact deleted text beginbothdeleted text endnew text begin two or morenew text end priority areas;

(5) reflects racially and ethnically appropriate approaches; and

(6) will be implemented through or with community-based organizations that reflect the
race or ethnicity of the population to be reached.

Sec. 4. new text beginAPPROPRIATION.
new text end

new text begin $5,000,000 in fiscal year 2020 and $5,000,000 in fiscal year 2021 are appropriated from
the general fund to the commissioner of health for grants under Minnesota Statutes, section
145.928, subdivision 7, paragraph (a), clause (2), to decrease racial and ethnic disparities
in access to and utilization of high-quality prenatal care. This amount is in addition to base
appropriations and funding.
new text end

ARTICLE 2

HOME VISITING

Section 1.

new text begin [145.87] HOME VISITING FOR PREGNANT WOMEN AND FAMILIES
WITH YOUNG CHILDREN.
new text end

new text begin Subdivision 1. new text end

new text begin Grants for home visiting programs. new text end

new text begin (a) The commissioner shall award
grants to community health boards, nonprofit organizations, and tribal nations to start up
or expand home visiting programs serving pregnant women and families with young children.
Grant funds must be used:
new text end

new text begin (1) to start up or expand evidence-based home visiting programs, or home visiting
programs that are culturally or ethnically targeted to the county, reservation, or region of
operation; and
new text end

new text begin (2) to serve families with young children or pregnant women who are high risk or have
high needs; parents who have a history of mental illness, domestic abuse, or substance
abuse; first-time mothers; or families who are eligible for medical assistance or the federal
Special Supplemental Nutrition Program for Women, Infants, and Children.
new text end

new text begin (b) If a home visiting program serves first-time mothers, the program must provide
services prenatally until the child is three years of age in order to receive grant funds under
this section.
new text end

new text begin Subd. 2. new text end

new text begin Grant awards. new text end

new text begin (a) The commissioner shall award grants to entities in urban
and rural areas of the state. In awarding grants in rural areas, the commissioner shall give
priority to community health boards, nonprofit organizations, and tribal nations seeking to
expand home visiting services within regional partnerships that provide home visiting
services.
new text end

new text begin (b) The commissioner shall allocate at least 75 percent of the grant funds awarded each
grant cycle to evidence-based home visiting programs and up to 25 percent of the grant
funds awarded each grant cycle to culturally or ethnically targeted home visiting programs.
new text end

new text begin Subd. 3. new text end

new text begin No supplanting of existing funds. new text end

new text begin Funding awarded under this section shall
only be used to supplement, and not to replace, funds being used for evidence-based or
culturally or ethnically targeted home visiting services as of June 30, 2017.
new text end

new text begin Subd. 4. new text end

new text begin Administrative costs. new text end

new text begin The commissioner may use up to seven percent of the
annual appropriation under this section to provide training and technical assistance and to
administer and evaluate the program.
new text end

Sec. 2. new text beginAPPROPRIATIONS.
new text end

new text begin $23,000,000 in fiscal year 2020 and $41,600,000 in fiscal year 2021 are appropriated
from the general fund to the commissioner of health for grants for home visiting services
under Minnesota Statutes, section 145.87. This amount is in addition to base appropriations,
and $56,500,000 is added to the base in each year for fiscal years 2022 and after.
new text end

ARTICLE 3

EARLY LEARNING AND CARE

Section 1.

new text begin [16A.89] GREAT START FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Fund established. new text end

new text begin A great start fund is established in the state treasury.
The fund consists of money provided by law, and any other funds donated, allotted,
transferred, or otherwise provided.
new text end

new text begin Subd. 2. new text end

new text begin Birth to three; appropriations. new text end

new text begin (a) An amount is annually appropriated from
the great start fund to the commissioner of education for early learning scholarships under
section 124D.165. The amount appropriated is as necessary to ensure program availability
to all eligible applicants, taking into account funds available for the basic sliding fee child
care assistance program.
new text end

new text begin (b) An amount is annually appropriated from the great start fund to the commissioner
of human services for the basic sliding fee child care assistance program under section
119B.03. The amount appropriated is as necessary to ensure program availability to all
eligible applicants, taking into account any other funds available for the program from state
and federal sources and available for early learning scholarships.
new text end

new text begin (c) The appropriations in paragraphs (a) and (b) are only available for families who meet
the requirements under subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Birth to three; eligibility. new text end

new text begin (a) The eligibility requirements for funds appropriated
under subdivision 2 are as follows:
new text end

new text begin (1) the parents or guardians have income equal to or less than 400 percent of the federal
poverty level income in the current calendar year; and
new text end

new text begin (2) a child is from birth to age three on September 1 of the current school year.
new text end

new text begin (b) Eligibility under this subdivision applies notwithstanding sections 119B.09,
subdivision 1, and 124D.165, subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Graduated early learning scholarships. new text end

new text begin For funds appropriated under
subdivision 2, the commissioner of education must use graduated scholarship award amounts
for parents or guardians who have income that is more than 300 percent of the federal
poverty level income. The graduated award amount is calculated as:
new text end

new text begin (1) the original award amount; multiplied by
new text end

new text begin (2) the ratio of (i) 400 percent, less the percent of the federal poverty level income for
the parents or guardians; to (ii) 100 percent.
new text end

new text begin Subd. 5. new text end

new text begin Administration. new text end

new text begin (a) The commissioners of education and human services must
collaborate to ensure effective and coordinated use of funds appropriated under this section.
new text end

new text begin (b) The commissioner of human services may extend the sliding fee scale under section
119B.12 to accommodate family eligibility under this section, which must be structured in
a manner that corresponds to the existing scale.
new text end

new text begin Subd. 6. new text end

new text begin Transfers. new text end

new text begin The amount necessary for the appropriations in this section is
transferred in each year from the general fund to the commissioner of management and
budget for deposit in the great start fund.
new text end

Sec. 2.

Minnesota Statutes 2018, section 119B.13, subdivision 1, is amended to read:


Subdivision 1.

Subsidy restrictions.

(a) Beginning deleted text beginFebruary 3, 2014deleted text endnew text begin July 1, 2019new text end, the
maximum rate paid for child care assistance in any county or county price cluster under the
child care fund shall be the greater ofnew text begin:
new text end

new text begin (1)new text end the deleted text begin25thdeleted text endnew text begin 75thnew text end percentile of the deleted text begin2011deleted text endnew text begin most recent biennialnew text end child care provider rate
survey deleted text beginordeleted text end new text beginunder section 119B.02, subdivision 7; or
new text end

new text begin (2) new text endthe maximum rate effective deleted text beginNovember 28, 2011deleted text endnew text begin June 30, 2019; or
new text end

new text begin (3) for infant care, the 100th percentile of the most recent child care provider rate surveynew text end.
For a child care provider located within the boundaries of a city located in two or more of
the counties of Benton, Sherburne, and Stearns, the maximum rate paid for child care
assistance shall be equal to the maximum rate paid in the county with the highest maximum
reimbursement rates or the provider's charge, whichever is less. The commissioner may:
(1) assign a county with no reported provider prices to a similar price cluster; and (2) consider
county level access when determining final price clusters.

(b) A rate which includes a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision.

(c) 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.

(d) If a child uses one provider, the maximum payment for one day of care must not
exceed the daily rate. The maximum payment for one week of care must not exceed the
weekly rate.

(e) If a child uses two providers under section 119B.097, the maximum payment must
not exceed:

(1) the daily rate for one day of care;

(2) the weekly rate for one week of care by the child's primary provider; and

(3) two daily rates during two weeks of care by a child's secondary provider.

(f) Child care providers receiving reimbursement under this chapter must not be paid
activity fees or an additional amount above the maximum rates for care provided during
nonstandard hours for families receiving assistance.

(g) If 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.

(h) All maximum provider rates changes shall be implemented on the Monday following
the effective date of the maximum provider rate.

(i) Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum registration
fees in effect on January 1, 2013, shall remain in effect.

Sec. 3.

Minnesota Statutes 2018, section 124D.151, subdivision 6, is amended to read:


Subd. 6.

Participation limits.

(a) Notwithstanding section 126C.05, subdivision 1,
paragraph (d), 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 (e).

deleted text begin (b) In reviewing applications under subdivision 5, the commissioner must limit the
estimated state aid entitlement approved under this section to $27,092,000 for fiscal year
2017. If the actual state aid entitlement based on final data exceeds the limit in any year,
the aid of the participating districts must be prorated so as not to exceed the limit.
deleted text end

deleted text begin (c) The commissioner must limit the total number of funded participants in the voluntary
prekindergarten program under this section to not more than 3,160.
deleted text end

deleted text begin (d) Notwithstanding paragraph (c),deleted text endnew text begin (b)new text end The commissioner must limit thenew text begin combinednew text end total
number of participants in the voluntary prekindergartennew text begin program under this sectionnew text end andnew text begin thenew text end
school readiness plus deleted text beginprogramsdeleted text endnew text begin program under Laws 2017, First Special Session chapter 5,
article 8, section 9,
new text end to not more than deleted text begin6,160 participants for fiscal year 2018 anddeleted text end 7,160
participants fornew text begin anew text end fiscal year deleted text begin2019deleted text end.

Sec. 4.

Minnesota Statutes 2018, section 126C.05, subdivision 1, is amended to read:


Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the age
of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c), in
average daily membership enrolled in the district of residence, in another district under
sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under
chapter 124E; or for whom the resident district pays tuition under section 123A.18, 123A.22,
123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04, 124D.05, 125A.03
to 125A.24, 125A.51, or 125A.65, shall be counted according to this subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved by
the commissioner and has an individualized education program is counted as the ratio of
the number of hours of assessment and education service to 825 times 1.0 with a minimum
average daily membership of 0.28, but not more than 1.0 pupil unit.

(b) A prekindergarten pupil who is assessed but determined not to be disabled is counted
as the ratio of the number of hours of assessment service to 825 times 1.0.

(c) A kindergarten pupil with a disability who is enrolled in a program approved by the
commissioner is counted as the ratio of the number of hours of assessment and education
services required in the fiscal year by the pupil's individualized education program to 875,
but not more than one.

(d) A prekindergarten pupil who is not included in paragraph (a) or (b) and is enrolled
in an approved voluntary prekindergarten program under section 124D.151 is counted as
the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil
units.

(e) A kindergarten pupil who is not included in paragraph (c) is counted as 1.0 pupil
unit if the pupil is enrolled in a free all-day, every day kindergarten program available to
all kindergarten pupils at the pupil's school that meets the minimum hours requirement in
section 120A.41, or is counted as .55 pupil unit, if the pupil is not enrolled in a free all-day,
every day kindergarten program available to all kindergarten pupils at the pupil's school.

(f) A pupil who is in any of grades 1 to 6 is counted as 1.0 pupil unit.

(g) A pupil who is in any of grades 7 to 12 is counted as 1.2 pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted as 1.2
pupil units.

(i) deleted text beginFor fiscal years 2018 and 2019 only,deleted text end A prekindergarten pupil who:

(1) is not included in paragraph (a), (b), or (d);

(2) is enrolled in a school readiness plus programnew text begin under Laws 2017, First Special Session
chapter 5, article 8, section 9
new text end; and

(3) has one or more of the risk factors specified by the eligibility requirements for a
school readiness plus program,

is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more
than 0.6 pupil units. A pupil qualifying under this paragraph must be counted in the same
manner as a voluntary prekindergarten student for all general education and other school
funding formulas.

Sec. 5.

Laws 2017, First Special Session chapter 5, article 8, section 8, the effective date,
is amended to read:


EFFECTIVE DATE.

Paragraph (i) of this section deleted text beginexpires at the end of fiscal year 2019deleted text endnew text begin
does not expire
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

ARTICLE 4

CHILD CARE AVAILABILITY

Section 1. new text beginAPPROPRIATION; CHILD CARE PROVIDER GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $5,000,000 in fiscal year 2020 and $5,000,000 in fiscal
year 2021 are appropriated from the general fund to the commissioner of employment and
economic development for grants to local communities and cultural communities to increase
the supply of quality child care providers in order to support economic development.
new text end

new text begin Subd. 2. new text end

new text begin Use of funds. new text end

new text begin Grant funds available under this section must be used to implement
solutions to reduce the child care shortage in the state, including but not limited to funding
for child care business start-up or expansion, training, facility modifications or improvements
required for licensing, and assistance with licensing and other regulatory requirements.
new text end

new text begin Subd. 3. new text end

new text begin Grant requirements. new text end

new text begin Fifty percent of grant funds under this section must go
to communities located outside of the seven-county metropolitan area, as defined under
Minnesota Statutes, section 473.121, subdivision 2. In awarding grants, the commissioner
must give priority to communities that have documented a shortage of child care providers
in the area, and must take into account traditionally underserved communities.
new text end