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HF 1418

as introduced - 88th Legislature (2013 - 2014) Posted on 03/11/2013 02:40pm

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

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A bill for an act
relating to education; state government; creating a Department of Early Care and
Education;proposing coding for new law as Minnesota Statutes, chapter 119C.

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

Section 1.

[119C.01] DEPARTMENT OF EARLY CARE AND EDUCATION.

Subdivision 1.

Establishment.

The Department of Early Care and Education
is established.

Subd. 2.

Purpose.

The purpose in creating the department is to ensure that every
child through the age of five receives a fair and full opportunity to reach their full potential
by:

(1) consolidating and coordinating resources and public funding streams for early
education and care in order to ensure the sound and coordinated development of all early
education and care services available to children in Minnesota;

(2) increasing the state's capacity to support school districts in their effort to improve
academic performance of at-risk children;

(3) increasing the state's capacity to serve low-income children and lowering the
rate of children entering kindergarten not fully prepared;

(4) working in collaboration with school districts to ensure comprehensive and
developmentally appropriate assessments, where applicable;

(5) ensuring effective kindergarten transitions;

(6) fostering collaboration between child care; Head Start; early childhood
education; school readiness; family, friend, and neighbor providers; and other early
childhood programs and elementary school programs and providers;

(7) informing the public about its choices by ensuring a system of high-quality public
and private programs, with local points of entry, staffed by well-qualified professionals;

(8) ensuring that parents have a decisive role in the planning, operation, and
evaluation of programs that aid in the care of children;

(9) providing consumer education and accessibility to early education and care
resources;

(10) advancing the quality of early education and care programs in order to support
the healthy development of children and preparation for their success in school;

(11) developing a seamless service delivery system of early education and care
programs administered by local, state, and federal agencies, with local points of entry;

(12) developing and managing an effective data collection system to support the
necessary functions of a coordinated system of early education and care in order to enable
accurate evaluation of its impact;

(13) respecting and drawing upon family values and cultural heritage; and

(14) establishing the administrative framework for, and promoting the development
of, early education and care services in order to provide that such services, staffed by
well-qualified professionals, shall be available in every community for all families that
express a need for them.

EFFECTIVE DATE.

This section is effective July 1, 2013.

Sec. 2.

[119C.02] DEFINITIONS.

Subdivision 1.

Application.

The definitions in this section apply to this chapter.

Subd. 2.

Commissioner.

"Commissioner" means the commissioner of early care
and education.

Subd. 3.

Department.

"Department" means the Department of Early Care and
Education.

EFFECTIVE DATE.

This section is effective July 1, 2013.

Sec. 3.

[119C.03] COMMISSIONER.

Subdivision 1.

General.

The department is under the administrative control of
the commissioner. The commissioner is appointed by the governor with the advice and
consent of the senate. The commissioner must possess broad knowledge and experience in
early care and education. The commissioner has the general powers as provided in section
15.06, subdivision 6. The commissioner's salary must be established according to the
procedure in section 15A.0815, subdivision 5, in the same range as that specified for the
commissioner of management and budget.

Subd. 2.

Duties of the commissioner.

(a) The commissioner shall apply for, and
accept on behalf of the state, any federal, local, or private grants, bequests, gifts, or
contributions to aid in the financing of any of the programs or policies of the department.

(b) The commissioner shall report biennially, starting January 15, 2015, to
the committees of the legislature having jurisdiction over early care and education
programs. The report must describe the department's progress in achieving the goals and
implementing the programs authorized under this chapter. The report must evaluate the
progress of the state of Minnesota in moving toward a system of universal early education
and care for preschool children through the age of five and include the department's
budget request for the next biennium.

EFFECTIVE DATE.

This section is effective July 1, 2013.

Sec. 4.

[119C.04] TRANSFERS FROM OTHER AGENCIES.

Subdivision 1.

General.

Beginning on November 1, 2013, the Departments of
Health, Human Services, and Education must begin to transition all of the functions and
powers held by these departments in areas related to regulation and licensure of early care
and education programs to the department.

Subd. 2.

Department of Human Services.

The powers and duties of the
Department of Human Services with respect to the following programs are transferred to
the Department of Early Care and Education under section 15.039:

(1) the child care programs under sections 119B.011 to 119B.16;

(2) the family services and community-based collaboratives under section 124D.23;

(3) the migrant child care program under section 256.01;

(4) the child care resource and referral program under section 119B.19;

(5) the child care service development program under sections 119B.189 to 119B.26;

(6) the early childhood learning and child protection facilities program under section
256E.37; and

(7) the licensure of child care centers and family child care under chapters 245A
and 245C and section 626.556.

The programs needing federal approval to transfer shall be transferred when the
federal government grants transfer authority to the commissioner.

Subd. 3.

Department of Education.

The powers and duties of the Department of
Education with respect to the following programs are transferred to the Department of
Early Care and Education under section 15.039:

(1) the head start program under sections 119A.50 to 119A.545;

(2) the early childhood family education program under sections 124D.13 to
124D.141;

(3) the early childhood screening program under sections 121A.16 to 121A.19;

(4) the educate parents partnership under section 124D.129;

(5) the interagency early childhood intervention system under sections 125A.259 to
125A.48;

(6) the State Advisory Council on Early Childhood Education and Care under
section 124D.141;

(7) the school readiness program under sections 124D.15 and 124D.16; and

(8) the kindergarten readiness assessment under section 124D.162.

The programs needing federal approval to transfer shall be transferred when the
federal government grants transfer authority to the commissioner.

Subd. 4.

Department of Health.

The powers and duties of the Department of
Health with respect to the following program are transferred to the Department of Early
Care and Education under section 15.039: the family home visiting program under section
145A.17. A program needing federal approval to transfer shall be transferred when the
federal government grants transfer authority to the commissioner.

EFFECTIVE DATE.

This section is effective July 1, 2013.

Sec. 5. EMPLOYEE PROVISIONS.

The restructuring of agencies under this act must be conducted in accordance with
Minnesota Statutes, sections 15.039 and 43A.045.

EFFECTIVE DATE.

This section is effective July 1, 2013.

Sec. 6. APPOINTMENT.

By July 1, 2013, the governor shall appoint a commissioner-designee of
the Department of Early Care and Education. The person appointed becomes the
governor's appointee as commissioner on the effective date of sections 1 and 3. The
commissioner-designee, in cooperation with the commissioners of education, health,
and human services, shall review and reevaluate the powers and duties of their
respective departments and identify those that are consistent with the purpose and
goals of the Department of Early Care and Education. The functions identified by the
commissioner-designee are transferred to the Department of Early Care and Education
under Minnesota Statutes, section 15.039, effective November 1, 2013.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 7. REVISOR'S INSTRUCTION.

The revisor of statutes shall identify in Minnesota Statutes and Minnesota Rules all
references to programs being transferred to the Department of Early Care and Education
and substitute appropriate references to the commissioner of early care and education and
the Department of Early Care and Education to reflect that those programs are under the
jurisdiction of the commissioner of early care and education. The revisor shall also make
related grammatical changes. The changes identified by the revisor shall be made effective
November 1, 2013, or upon federal approval of the transfer.

EFFECTIVE DATE.

This section is effective July 1, 2013.

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