1st Unofficial Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; providing for family and early 1.3 childhood education; providing funding formulas and 1.4 directing allocation of certain funds; modifying and 1.5 consolidating various programs; establishing certain 1.6 programs, projects, boards, and committees; requiring 1.7 reports; creating a task force and requiring a study; 1.8 consolidating certain advisory councils; making 1.9 various clarifying and technical changes; 1.10 appropriating money; amending Minnesota Statutes 2000, 1.11 sections 119A.05; 119A.12, by adding subdivisions; 1.12 119A.13, subdivision 4; 119A.21; 119A.22; 119A.52; 1.13 119B.011, subdivisions 7, 19, by adding subdivisions; 1.14 119B.02, subdivisions 1, 2; 119B.03, subdivisions 3, 1.15 9, 10, by adding a subdivision; 119B.05, subdivision 1.16 5; 119B.061, subdivisions 1, 4; 119B.08; 119B.09, 1.17 subdivisions 1, 2, 7; 119B.10; 119B.11, subdivision 1; 1.18 119B.12, subdivision 2; 119B.13, subdivisions 1, 6; 1.19 119B.15; 119B.24; 121A.16; 121A.17, subdivisions 1, 3, 1.20 4, 5; 121A.19; 124D.13, subdivisions 8, 9, by adding 1.21 subdivisions; 124D.135, subdivisions 1, 3, 7, by 1.22 adding a subdivision; 124D.15; 124D.16; 124D.221, 1.23 subdivisions 1, 2; 124D.52, subdivision 2; 124D.522; 1.24 124D.531, subdivisions 1, 3; proposing coding for new 1.25 law in Minnesota Statutes, chapters 119A; 119B; 1.26 repealing Minnesota Statutes 2000, sections 119A.13, 1.27 subdivisions 1, 2, 3; 119A.14, subdivision 2; 119A.23; 1.28 119B.011, subdivision 20; 119B.03, subdivisions 1, 2, 1.29 4, 5, 6, 6a, 8; 119B.05, subdivision 1; 119B.07; 1.30 119B.09, subdivision 3; 119B.11, subdivision 4; 1.31 124D.33; 124D.331. 1.32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.33 ARTICLE 1 1.34 EARLY CHILDHOOD PROGRAMS 1.35 Section 1. Minnesota Statutes 2000, section 119A.05, is 1.36 amended to read: 1.37 119A.05 [FUNDING CONSOLIDATION.] 1.38 Subdivision 1. [AUTHORITY FOR FUNDING CONSOLIDATION AND 2.1 INTEGRATION.] (a) Notwithstanding existing law governing 2.2 allocation of funds by local grantees, mode of service delivery, 2.3 grantee planning and reporting requirements, and other 2.4 procedural requirements for the grant programs identified in 2.5 this section, a local grantee may elect to consolidate all or a 2.6 portion of funding received from the programs under subdivision 2.7 5 in a collaboration funding plan, if all conditions specified 2.8 in this section are satisfied. County boards, school boards, or 2.9 governing boards of other grantees may elect not to consolidate 2.10 funding for a program. 2.11 (b) Funding for services provided to a community under 2.12 sections 119A.52, 119B.189 to 119B.26, 124D.13, and 124D.15 must 2.13 be determined according to the funding formulas and distributed 2.14 as identified in applicable program laws and rules. 2.15 Notwithstanding existing law governing allocation of funds to 2.16 local programs, mode of service delivery, program planning, 2.17 traditional geographic boundaries, and other procedural 2.18 requirements for early childhood care and education programs 2.19 under the jurisdiction of the commissioner, a community early 2.20 childhood council may elect to integrate all or a portion of 2.21 funding available through these programs under an integrated 2.22 funding and service plan, if all requirements under this section 2.23 are met. 2.24 (c) For grantees electing consolidation or integration, the 2.25 commissioner may, with the approval of the board of government 2.26 innovation and cooperation, waive all provisions of rules 2.27 inconsistent with the intent of this section. This waiver 2.28 authority does not apply to rules governing client protections, 2.29 due process, or inclusion of clients, parents, cultures, and 2.30 ethnicities in decision making. Funding to a local grantee must 2.31 be determined according to the funding formulas or allocation 2.32 rules governing the individual programs listed in section 2.33 119A.04. 2.34 (d) For communities consolidating or integrating funds 2.35 under paragraph (b), the commissioner shall provide technical 2.36 assistance to a community or planning group to aid in 3.1 development of an early childhood care and education plan that 3.2 describes strategies to be used to target resources to children 3.3 at risk and support achievement of positive outcomes for all 3.4 children and families in the community and the method or methods 3.5 used to evaluate performance under the community plan. 3.6 Subd. 2. [ACCOUNT.] A consolidated funding account is 3.7 established under the control of the commissioner of children, 3.8 families, and learning for funds consolidated under subdivision 3.9 1, paragraph (a). The purpose of this account is to clearly 3.10 identify and provide accountability for funds previously 3.11 distributed to local grantees through the individual categorical 3.12 grant programs in subdivision 5. By direction of the 3.13 commissioner, after consultation with the partnership planning 3.14 team and, upon a finding that the conditions specified in this 3.15 section have been satisfied, funds must be transmitted to this 3.16 account and allocated to local grantees by the commissioner. 3.17 Subd. 3. [ELIGIBILITY; ACCOUNTABILITY.] (a) To be eligible 3.18 to receive funding for local consolidation, as provided for in 3.19this sectionsubdivision 1, paragraph (a), a grantee must meet 3.20 the following requirements: 3.21 (1) demonstrate participation by counties and schools in a 3.22 local collaborative process as defined in section 124D.23 or in 3.23 a similar process of collaboration with other local governments 3.24 and community organizations which satisfies the governance and 3.25 planning guidelines published by the commissioner as provided 3.26 for in this section; 3.27 (2) document consultation by counties and schools with 3.28 community action agencies and other community groups; 3.29 (3) complete and document, according to guidelines 3.30 published by the commissioner, a collaborative planning process 3.31 which clearly identifies: 3.32 (i) allocation of resources in the collaboration annual 3.33 funding plan; 3.34 (ii) a description of the governance structure for the 3.35 execution of the funding plan; 3.36 (iii) outcomes consistent with the statewide goals 4.1 identified in this chapter and in statutes governing previous 4.2 categorical funding included in the collaboration funding plan; 4.3 and 4.4 (iv) indicators sufficient to measure improvement or 4.5 decline in specified outcomes compared to baseline performance; 4.6 (4) conduct a public hearing on the funding consolidation 4.7 plan under chapter 13D; 4.8 (5) agree to periodically report information concerning 4.9 progress in addressing outcomes, as provided for in guidelines 4.10 to be published by the commissioner; and 4.11 (6) execute a written agreement between the commissioner 4.12 and the local grantees setting forth responsibilities, 4.13 obligations, and conditions consistent with this section. The 4.14 agreement must state that the funds that are being locally 4.15 consolidated will be used collectively only to achieve the 4.16 objectives of the separate programs being locally consolidated. 4.17 (b) To be eligible to receive funding for local 4.18 integration, as provided for in subdivision 1, paragraph (b), a 4.19 grantee must meet the following requirements: 4.20 (1) submit to the commissioner a comprehensive plan for 4.21 integration of early childhood care and education funds and 4.22 programs on a communitywide basis that identifies: 4.23 (i) allocation of resources in the annual early childhood 4.24 integrated funding plan; 4.25 (ii) a description of the governance structure for the 4.26 execution of the funding plan; 4.27 (iii) outcomes consistent with the statewide goals 4.28 identified in this chapter and in statutes governing previous 4.29 categorical funding included in the early childhood integrated 4.30 funding plan; and 4.31 (iv) indicators sufficient to measure improvement or 4.32 decline in specified outcomes compared to baseline performance; 4.33 (2) demonstrate participation and agreement on the plan by 4.34 counties, schools, child care providers, Early Childhood Family 4.35 Education (ECFE), Head Start, and other school or 4.36 community-based early childhood care and education programs in a 5.1 local collaborative process as defined in section 124D.23 or in 5.2 a similar process of collaboration with other local governments 5.3 and community organizations that satisfies the governance and 5.4 planning guidelines published by the commissioner as provided 5.5 for in this section; 5.6 (3) agree to periodically report information concerning 5.7 progress in addressing outcomes, as provided for in guidelines 5.8 to be published by the commissioner; and 5.9 (4) execute a written agreement between the commissioner 5.10 and the local grantees setting forth responsibilities, 5.11 obligations, and conditions consistent with this section. The 5.12 agreement must state that the funds that are being locally 5.13 integrated will be used collectively only to achieve the 5.14 objectives of the separate programs being locally integrated. 5.15 Subd. 4. [GEOGRAPHIC AREA.] (a) The geographic area for a 5.16 local consolidated funding process under subdivision 1, 5.17 paragraph (a), must be an entire county, a multicounty area, or, 5.18 with the approval of the county board and commissioner, a 5.19 subcounty area, if county funds are used. The process may 5.20 provide for coordination of service delivery in jurisdictions 5.21 that extend across county boundaries. 5.22 (b) The geographic area for a local early childhood 5.23 integrated funding process under subdivision 1, paragraph (b), 5.24 may be an entire county, school district, group of school 5.25 districts, or political subdivision or combination. The process 5.26 may provide for coordination of service delivery in 5.27 jurisdictions that extend across county boundaries. 5.28 Subd. 5. [PROGRAMS INCLUDED.] Grant programs transferred 5.29 to the department of children, families, and learning in section 5.30 119A.04 and programs transferred from the abolished department 5.31 of education are eligible for local funding consolidation under 5.32 subdivision 1, paragraph (a). Eligibility of any federally 5.33 funded programs for local funding consolidation is conditioned 5.34 upon obtaining necessary federal waivers or changes in federal 5.35 law. 5.36 Subd. 6. [ENTRY INTO PROGRAM.] Grantees who meet all 6.1 requirements of this section may elect to begin using funding 6.2 for a local consolidated or integrated funding process beginning 6.3 January 1,19962001, or at each six-month interval.Other6.4local grantees that meet all requirements of this section may6.5elect to begin using funding for a local consolidation funding6.6process beginning July 1, 1996, or at each six-month interval.6.7 Subd. 7. [SANCTIONS.] If the commissioner finds that a 6.8 grantee has failed to comply with this section, the grantee 6.9 becomes subject to all requirements of individual grant programs 6.10 as specified in statutes and rules. 6.11 Sec. 2. Minnesota Statutes 2000, section 119A.52, is 6.12 amended to read: 6.13 119A.52 [DISTRIBUTION OF APPROPRIATION.] 6.14 (a) The commissionerof children, families, and learning6.15 must distribute money appropriated forthat purpose toHead 6.16 Startprogramprograms to grantees to expand services and to 6.17 serve additional low-income children. Grantees may use state 6.18 funds to provide services to children birth to age five and 6.19 their families with incomes up to 120 percent of the federal 6.20 poverty guidelines. Money must be allocated to each project 6.21 Head Start grantee in existence on the effective date of Laws 6.22 1989, chapter 282. Migrant and Indian reservation grantees must 6.23 be initially allocated money based on the grantees' share of 6.24 federal funds. The remaining money must be initially allocated 6.25 to the remaining local agencies based equally on the agencies' 6.26 share of federal funds and on the proportion of eligible 6.27 children in the agencies' service area who are not currently 6.28 being served.A Head Start grantee must be funded at a per6.29child rate equal to its contracted, federally funded base level6.30for program accounts 20, 22, and 25 at the start of the fiscal6.31year.In allocating funds under this paragraph, the 6.32 commissioner of children, families, and learning must assure 6.33 that each Head Start grantee is allocated no less funding in any 6.34 fiscal year than was allocated to that grantee in fiscal year 6.3519931999. The commissioner may provide additional funding to 6.36 grantees for start-up costs incurred by grantees due to the 7.1 increased number of children to be served.Before paying money7.2to the grantees, the commissioner must notify each grantee of7.3its initial allocation, how the money must be used, and the7.4number of low-income children that must be served with the7.5allocation.Each grantee must notify the commissioner of the 7.6 number of low-income children it will be able to serve. For any 7.7 grantee that cannot utilize its full allocation, the 7.8 commissioner must reduce the allocation proportionately. Money 7.9 available after the initial allocations are reduced must be 7.10 redistributed to eligible grantees. 7.11 (b) Up to 11 percent of the funds appropriated annually may 7.12 be used to provide grants to local Head Start agenciesto7.13provide fundsfor innovative programs designed either to target 7.14 Head Start resources to particular at-risk groups of children or 7.15 to provide services in addition to those currently allowable 7.16 under federal Head Start regulations. The commissioner must 7.17 award funds for innovative programs under this paragraph on a 7.18 competitive basis. 7.19 (c) To be eligible for state funds under this section, each 7.20 existing grantee or applicant must present a work plan to the 7.21 commissioner for approval. The work plan must include the 7.22 estimated number of low-income children and families to be 7.23 served, a description of the program design and service delivery 7.24 areas which meets the needs of and encourages access by 7.25 low-income working families, a program design that ensures fair 7.26 and equitable access to services that meet Head Start 7.27 regulations and program performance standards for all 7.28 populations in the service area, and a plan for coordinating 7.29 services to maximize assistance for child care costs available 7.30 to families under chapter 119B. In addition, the work plan must 7.31 assure coordinated service delivery with other early childhood 7.32 care and education services. 7.33 Sec. 3. Minnesota Statutes 2000, section 119B.011, 7.34 subdivision 7, is amended to read: 7.35 Subd. 7. [CHILD CARE SERVICES.] "Child care services" 7.36 means child care as defined in subdivision 5, providedin family8.1day care homes, group day care homes, nursery schools, day8.2nurseries, child day care centers, head start, and extended day8.3school age child care programsin or out of the child's home. 8.4 Sec. 4. Minnesota Statutes 2000, section 119B.011, 8.5 subdivision 19, is amended to read: 8.6 Subd. 19. [PROVIDER.] "Provider" meansa child care8.7license holder who operates a family child care home, a group8.8family child care home, a child care center, a nursery school, a8.9day nursery, a school age care program; a license-exempt school8.10age care program operating under the auspices of a local school8.11board or a park or recreation board of a city of the first class8.12that has adopted school age care guidelines which meet or exceed8.13guidelines recommended by the department, or a nonlicensedan 8.14 individual or child care center or facility either licensed or 8.15 unlicensed providing legal child care services as defined under 8.16 section 245A.03. A legally unlicensed registered family child 8.17 care providerwho ismust be at least 18 years of age, andwho8.18isnot a member of the MFIP assistance unit or a member of the 8.19 family receiving child care assistance under this chapter. 8.20 Sec. 5. Minnesota Statutes 2000, section 119B.011, is 8.21 amended by adding a subdivision to read: 8.22 Subd. 19a. [STATE MEDIAN INCOME.] "State median income" 8.23 means the state's annual median income for a family of four, 8.24 adjusted for family size, developed by the Bureau of Census and 8.25 published annually by the United States Department of Health and 8.26 Human Services in the Federal Register. 8.27 Sec. 6. Minnesota Statutes 2000, section 119B.011, is 8.28 amended by adding a subdivision to read: 8.29 Subd. 19b. [STUDENT.] "Student" means an individual 8.30 enrolled in an education program. A student is a full-time 8.31 student if enrolled in an education program a minimum equivalent 8.32 of 12 credits or 20 hours of classroom training per week. A 8.33 student is considered a part-time student if enrolled in an 8.34 education program up to the minimum of full-time student status. 8.35 Sec. 7. Minnesota Statutes 2000, section 119B.02, 8.36 subdivision 1, is amended to read: 9.1 Subdivision 1. [CHILD CARE SERVICES.] The commissioner 9.2 shall develop standards for county and human services boards to 9.3 provide child care services to enable eligible families to 9.4 participate in employment, training, or education programs. 9.5Within the limits of available appropriations,The commissioner 9.6 shall distribute money to counties to reduce the costs of child 9.7 care for eligible families. The commissioner shall adopt rules 9.8 to govern the program in accordance with this section. The 9.9 rules must establish a sliding schedule of fees for parents 9.10 receiving child care services. The rules shall provide that 9.11 funds received as a lump sum payment of child support arrearages 9.12 shall not be counted as income to a family in the month received 9.13 but shall be prorated over the 12 months following receipt and 9.14 added to the family income during those months.In the rules9.15adopted under this section, county and human services boards9.16shall be authorized to establish policies for payment of child9.17care spaces for absent children, when the payment is required by9.18the child's regular provider. The rules shall not set a maximum9.19number of days for which absence payments can be made, but9.20instead shall direct the county agency to set limits and pay for9.21absences according to the prevailing market practice in the9.22county. County policies for payment of absences shall be9.23subject to the approval of the commissioner.The commissioner 9.24 shall maximize the use of federal money under title I and title 9.25 IV of Public Law Number 104-193, the Personal Responsibility and 9.26 Work Opportunity Reconciliation Act of 1996, and other programs 9.27 that provide federal or state reimbursement for child care 9.28 services for low-income families who are in education, training, 9.29 job search, or other activities allowed under those programs. 9.30 Money appropriated under this section must be coordinated with 9.31 the programs that provide federal reimbursement for child care 9.32 services to accomplish this purpose.Federal reimbursement9.33obtained must be allocated to the county that spent money for9.34child care that is federally reimbursable under programs that9.35provide federal reimbursement for child care services.The 9.36countiescommissioner shall use the federal money to expand 10.1 child care services. The commissioner may adopt rules under 10.2 chapter 14 to implement and coordinate federal program 10.3 requirements. If the November forecast shows biennial 10.4 expenditures projected to be above 110 percent of the biennial 10.5 appropriation, the commissioner, in conjunction with the 10.6 commissioner of finance, shall prepare a plan to bring biennial 10.7 program spending to within 110 percent of the consolidated child 10.8 care assistance appropriation for that biennium. The proposal 10.9 to control program expenditures will be delivered to the 10.10 legislature or legislative advisory commission by January 15 10.11 following the November forecast. The proposal will take effect 10.12 ten legislative session days following the release of the 10.13 February forecast if the forecast continues to exceed the 110 10.14 percent limit unless the legislature enacts an alternative 10.15 solution. 10.16 Sec. 8. Minnesota Statutes 2000, section 119B.02, 10.17 subdivision 2, is amended to read: 10.18 Subd. 2. [CONTRACTUAL AGREEMENTS WITH TRIBES.] The 10.19 commissioner may enter into contractual agreements with a 10.20 federally recognized Indian tribe with a reservation in 10.21 Minnesota to carry out the responsibilities of county human 10.22 service agencies to the extent necessary for the tribe to 10.23 operate child care assistance programs for families eligible 10.24 under sections119B.03119B.09 and119B.05119B.10. An 10.25 agreement may allow for the tribe to be reimbursed for child 10.26 care assistance services provided under section 119B.05. The 10.27 commissioner shall consult with the affected county or counties 10.28 in the contractual agreement negotiations, if the county or 10.29 counties wish to be included, in order to avoid the duplication 10.30 of county and tribal child care services.Funding to support10.31services under section 119B.03 may be transferred to the10.32federally recognized Indian tribe with a reservation in10.33Minnesota from allocations available to counties in which10.34reservation boundaries lie. When funding is transferred under10.35section 119B.03, the amount shall be commensurate to estimates10.36of the proportion of reservation residents with characteristics11.1identified in section 119B.03, subdivision 6, to the total11.2population of county residents with those same characteristics.11.3 Sec. 9. Minnesota Statutes 2000, section 119B.03, 11.4 subdivision 3, is amended to read: 11.5 Subd. 3. [ELIGIBLE PARTICIPANTS.] Families that meet the 11.6 eligibility requirements under sections119B.07,119B.09,and 11.7 119B.10, except MFIP participants, work first participants, and11.8transition year familiesare eligible for child care 11.9 assistanceunder the basic sliding feethrough the child care 11.10 assistance program. Families enrolled in thebasic sliding fee11.11 child care assistance program shall be continued until they are 11.12 no longer eligible. Child care assistance provided through the 11.13 child care fund is considered assistance to the parent. 11.14 Sec. 10. Minnesota Statutes 2000, section 119B.03, is 11.15 amended by adding a subdivision to read: 11.16 Subd. 3a. [ALLOCATION FORMULA.] (a) Funds appropriated for 11.17 families who apply for child care assistance with incomes above 11.18 50 percent state median income and below 75 percent state median 11.19 income shall be allocated on a calendar year basis. The 11.20 following formula shall be used for the first biennium of the 11.21 consolidated program. The commissioner shall propose to the 11.22 2003 legislature a new funding formula for funds under this 11.23 section based on the history of expenditures since consolidation 11.24 of the child care assistance program. 11.25 (b) Funds shall be allocated in proportion to each county's 11.26 total expenditures for the basic sliding fee child care program 11.27 reported during calendar year 2000. 11.28 (c) When the amount of funds available under this section 11.29 is less than the amount available in the previous year, each 11.30 county's previous year allocation shall be reduced in proportion 11.31 to the reduction in the statewide funding. 11.32 Sec. 11. Minnesota Statutes 2000, section 119B.03, 11.33 subdivision 9, is amended to read: 11.34 Subd. 9. [PORTABILITY POOLFAMILY MOVE; CONTINUED 11.35 PARTICIPATION.] (a)The commissioner shall establish a pool of11.36up to five percent of the annual appropriation for the basic12.1sliding fee program to provide continuous child care assistance12.2for eligible families who move between Minnesota counties. At12.3the end of each allocation period, any unspent funds in the12.4portability pool must be used for assistance under the basic12.5sliding fee program. If expenditures from the portability pool12.6exceed the amount of money available, the reallocation pool must12.7be reduced to cover these shortages.12.8(b) To be eligible for portable basic sliding fee12.9assistance, a family that has moved from a county in which itA 12.10 family receiving child care assistance under the child care fund 12.11 that has moved from a county in which the family was receiving 12.12basic sliding feechild care assistance toaanother county 12.13with a waiting list for the basic sliding fee programmust be 12.14 admitted into the receiving county's child care assistance 12.15 program if the family: 12.16 (1)meetmeets the income and eligibility guidelines for 12.17 thebasic sliding feechild care assistance program; and 12.18 (2)notifynotifies the new county of residence within3012.19 60 days of moving andapplyapplies forbasic sliding fee12.20 child care assistance in the new county of residence. 12.21(c)(b) The receiving county must:12.22(1)accept administrative responsibilityfor applicants for12.23portable basic sliding fee assistanceat the end of the two 12.24 months of assistance under the Unitary Residency Act;. 12.25(2) continue basic sliding fee assistance for the lesser of12.26six months or until the family is able to receive assistance12.27under the county's regular basic sliding program; and12.28(3) notify the commissioner through the quarterly reporting12.29process of any family that meets the criteria of the portable12.30basic sliding fee assistance pool.12.31 Sec. 12. Minnesota Statutes 2000, section 119B.03, 12.32 subdivision 10, is amended to read: 12.33 Subd. 10. [APPLICATION; ENTRY POINTS.] Two or more methods 12.34 of applying for thebasic sliding feechild care assistance 12.35 program under this chapter must be available to applicants in 12.36 each county. To meet the requirements of this subdivision, a 13.1 county may provide alternative methods of applying for 13.2 assistance, including, but not limited to, a mail application, 13.3 or application sites that are located outside of government 13.4 offices. 13.5 Sec. 13. Minnesota Statutes 2000, section 119B.05, 13.6 subdivision 5, is amended to read: 13.7 Subd. 5. [FEDERAL REIMBURSEMENT.] Counties and the state 13.8 shall maximize their federal reimbursement under federal 13.9 reimbursement programs for money spent for persons eligible 13.10 under this chapter. The commissioner shall allocate any federal 13.11 earnings to the county to be used to expand child care services 13.12 under this chapter. 13.13 Sec. 14. Minnesota Statutes 2000, section 119B.061, 13.14 subdivision 1, is amended to read: 13.15 Subdivision 1. [ESTABLISHMENT.] A family in which a parent 13.16 provides care for the family's infant child may receive a 13.17 subsidy in lieu of assistance if the family is eligible for, or 13.18 is receiving assistance under thebasic sliding feechild care 13.19 assistance program. An eligible family must meet the 13.20 eligibility factors under section 119B.09, the income criteria 13.21 under section 119B.12, and the requirements of this 13.22 section.Subject to federal match and maintenance of effort13.23requirements for the child care and development fund, the13.24commissioner shall establish a pool of up to seven percent of13.25the annual appropriation for the basic sliding fee program to13.26provide assistance under the at-home infant child care program.13.27 At the end of a fiscal year, the commissioner may carry forward 13.28 any unspent funds under this section to the next fiscal year 13.29 within the same biennium for assistance under thebasic sliding13.30feechild care assistance program. 13.31 Sec. 15. Minnesota Statutes 2000, section 119B.061, 13.32 subdivision 4, is amended to read: 13.33 Subd. 4. [ASSISTANCE.] (a) A family is limited to a 13.34 lifetime total of 12 months of assistance underthis13.35sectionsubdivision 2. The maximum rate of assistance is equal 13.36 to7590 percent of the rate established under section 119B.13 14.1 for care of infants in licensed family child care in the 14.2 applicant's county of residence. Assistance must be calculated 14.3 to reflect the parent fee requirement under section 119B.12 for 14.4 the family's actual income level and family size while the 14.5 family is participating in the at-home infant child care program 14.6 under this section. 14.7 (b) A participating family must report income and other 14.8 family changes as specified in the county's plan under section 14.9 119B.08, subdivision 3.The family must treat any assistance14.10received under this section as unearned income.14.11 (c) Persons who are admitted to the at-home infant care 14.12 program retain their position in anybasic sliding feechild 14.13 care assistance program or on any waiting list attained at the 14.14 time of admittance. If they are on the waiting list, they must 14.15 advance as if they had not been admitted to the program. 14.16 Persons leaving the at-home infant care program re-enter 14.17 thebasic sliding feechild care assistance program at the 14.18 position they would have occupied or the waiting list at the 14.19 position to which they would have advanced. Persons who would 14.20 have attained eligibility for thebasic sliding feechild care 14.21 assistance program must be given assistance or advance to the 14.22 top of the waiting list when they leave the at-home infant care 14.23 program. Persons admitted to the at-home infant care program 14.24 who are not on abasic sliding feewaiting list may apply to the 14.25basic sliding feechild care assistance program, and if 14.26 eligible, be placed on the waiting list. 14.27 (d) The time that a family receives assistance under this 14.28 section must be deducted from the one-year exemption from work 14.29 requirements under the MFIP program. 14.30 (e) Assistance under this section does not establish an 14.31 employer-employee relationship between any member of the 14.32 assisted family and the county or state. 14.33 Sec. 16. Minnesota Statutes 2000, section 119B.08, is 14.34 amended to read: 14.35 119B.08 [REPORTING AND PAYMENTS.] 14.36 Subdivision 1. [REPORTS.] The commissioner shall specify 15.1 requirements for reports under the same authority as provided to 15.2 the commissioner of human services in section 256.01, 15.3 subdivision 2, paragraph (17). 15.4 Subd. 2. [QUARTERLY PAYMENTS.] The commissioner may make 15.5 payments to each county in quarterly installments.The15.6commissioner may certify an advance up to 25 percent of the15.7allocation. SubsequentPayments shall be made on a 15.8 reimbursement basis for reported expenditures and may be 15.9 adjusted for anticipated spending patterns. Payments may be 15.10 withheld if quarterly reports are incomplete or untimely. 15.11 Subd. 3. [CHILD CARE FUND PLAN.] The county and designated 15.12 administering agency shall submit a child care fund plan to the 15.13 commissioneran annual child care fund plan in its biennial15.14community social services plan. The commissioner shall 15.15 establish the dates by which the county must submit the plans. 15.16 The plan shall include:15.17(1) a narrative of the total program for child care15.18services, including all policies and procedures that affect15.19eligible families and are used to administer the child care15.20funds;15.21(2) the methods used by the county to inform eligible15.22families of the availability of child care assistance and15.23related services;15.24(3) the provider rates paid for all children with special15.25needs by provider type;15.26(4) the county prioritization policy for all eligible15.27families under the basic sliding fee program; and15.28(5) otherinformation as requested by the department to 15.29 ensure compliance with the child care fund statutes and rules 15.30 promulgated by the commissioner. 15.31 The commissioner shall notify counties within6090 days of 15.32 the date the plan is submitted whether the plan is approved or 15.33 the corrections or information needed to approve the plan. The 15.34 commissioner shall withholda county's allocation until it has15.35an approved plan. Plans not approved by the end of the second15.36quarter after the plan is due may result in a 25 percent16.1reduction in allocation. Plans not approved by the end of the16.2third quarter after the plan is due may result in a 100 percent16.3reduction in the allocation to the countypayments to a county 16.4 until it has an approved plan. Counties are to maintain 16.5 services despite anyreduction in their allocationwithholding 16.6 of payments due to plans not being approved. 16.7 Subd. 3a. [RESTRICTED INCOME ELIGIBILITY.] If income 16.8 eligibility parameters have been restricted, counties may 16.9 continue to move families with income above the restricted 16.10 eligibility parameters but not to exceed the parameters in 16.11 section 119B.09, subdivision 1, paragraph (a), clause (1), into 16.12 the program using county funds. These expenditures must be 16.13 reported separately and counties will only be reimbursed for 16.14 these expenditures if, at the end of the biennium, total program 16.15 expenditures are at or below the most recent forecast. 16.16 Subd. 3b. [WAITING LIST.] Counties that do not move 16.17 families into the program with county funds must start a waiting 16.18 list if eligibility parameters are restricted and must report 16.19 this waiting list to the commissioner with other reports as 16.20 specified in subdivision 1. Counties must determine income, 16.21 authorized activities, and family size before placing a family 16.22 on the waiting list. 16.23 Subd. 3c. [FAMILY INFORMATION.] Counties that move 16.24 families into the program under subdivision 3a or place families 16.25 on the waiting list under subdivision 3b must report the number 16.26 of families served or placed on the waiting list, the date each 16.27 family began to receive service or was placed on the waiting 16.28 list, the income of the family and family size when they began 16.29 to receive service or were placed on the waiting list, and the 16.30 estimated cost of serving each family served under subdivision 16.31 3a to the commissioner on a form designated by the commissioner. 16.32 Subd. 4. [TERMINATION OF ALLOCATION.] The commissioner may 16.33 withhold,or reduce, or terminate the allocation of anyfunds 16.34 intended to reimburse counties for child care costs under the 16.35 child care fund if the countythatdoes not meet the reporting, 16.36 planning, or other requirements of this program. The 17.1commissioner shall reallocate to other counties money so reduced17.2or terminatedwithholding or reduction of funds under this 17.3 subdivision does not relieve counties of their requirements 17.4 under this chapter. 17.5 Sec. 17. Minnesota Statutes 2000, section 119B.09, 17.6 subdivision 1, is amended to read: 17.7 Subdivision 1. [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 17.8 APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 17.9 must be available to families who need child care to find or 17.10 keep employment or to obtain the training or education necessary 17.11 to find employment as defined in section 119B.10, and who:17.12(1) meet the requirements of section 119B.05; receive MFIP17.13assistance; and are participating in employment and training17.14services under chapter 256J or 256K;17.15(2) have household income below the eligibility levels for17.16MFIP; or17.17(3)have household income within a rangeestablished by the17.18commissioner.of 75 percent of state median income (SMI) or 17.19 below at program entry and above 75 percent of SMI at program 17.20 exit. The child care assistance program must be forecasted for 17.21 families who enter with incomes up to 50 percent of SMI. 17.22 Assistance to families who enter the child care assistance 17.23 program with incomes above 50 percent of SMI is subject to a 17.24 capped allocation and counties must establish a waiting list 17.25 under section 119B.08, subdivision 3b, if families cannot be 17.26 served with available funds. 17.27 (b) Child care services must be made available as in-kind 17.28 services. 17.29 (c) All applicants for child care assistance and families 17.30 currently receiving child care assistance must be assisted and 17.31 required to cooperate in establishment of paternity and 17.32 enforcement of child support obligations for all children in the 17.33 family as a condition of program eligibility. For purposes of 17.34 this section, a family is considered to meet the requirement for 17.35 cooperation when the family complies with the requirements of 17.36 section 256.741. 18.1 Sec. 18. Minnesota Statutes 2000, section 119B.09, 18.2 subdivision 2, is amended to read: 18.3 Subd. 2. [SLIDING FEE.] Child care services to eligible 18.4 familieswith incomes in the commissioner's established range18.5 must be made available on a sliding fee basis. The upper limit 18.6 ofthe rangeeligibility must beneither less than 70 percent18.7nor more than 9075 percent of the state median incomefor a18.8family of four, adjusted for family size. 18.9 Sec. 19. Minnesota Statutes 2000, section 119B.09, 18.10 subdivision 7, is amended to read: 18.11 Subd. 7. [DATE OF ELIGIBILITY FOR ASSISTANCE.] The date of 18.12 eligibility for child care assistance under this chapter is the 18.13 later of the date the application was signed;or the beginning 18.14 date of employment, education, or training; or the date a 18.15 determination has been made that the applicant is a participant 18.16 in employment and training services underMinnesota Rules, part18.173400.0080, subpart 2a, orchapter 256J or 256K. The date of 18.18 eligibility for thebasic sliding feeat-home infant child care 18.19 program is the later of the date the infant is born or, in a 18.20 county with abasic sliding feewaiting list, the date the 18.21 family applies for at-home infant child care. Payment ceases 18.22 for a family under the at-home infant child care program when a 18.23 family has used a total of 12 months of assistance as specified 18.24 under section 119B.061. Payment of child care assistance for 18.25 employed persons on MFIP is effective the date of employment or 18.26 the date of MFIP eligibility, whichever is later under section 18.27 119B.10. Payment of child care assistance for MFIP or work 18.28 first participants in employment and training services is 18.29 effective the date of commencement of the services or the date 18.30 of MFIP or work first eligibility, whichever is later.Payment18.31of child care assistance for transition year child care must be18.32made retroactive to the date of eligibility for transition year18.33child care.18.34 Sec. 20. Minnesota Statutes 2000, section 119B.10, is 18.35 amended to read: 18.36 119B.10 [EMPLOYMENT OR TRAINING ELIGIBILITY.] 19.1 Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND 19.2 RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 19.3 and who are eligible for assistance under thissectionchapter 19.4 are eligible to receive up to 240 hours of child care assistance 19.5 per calendar year. 19.6 (b) Employed persons who work at least an average of 20 19.7 hours andfull-time students who work at least an average of ten19.8hours a week andreceive at least a minimum wage for all hours 19.9 worked are eligible for continued child care assistance for 19.10 employment. For purposes of this section, work-study programs 19.11 must be counted as employment. Child care assistance during 19.12 employment must be authorized as provided in paragraphs (c) and 19.13 (d). 19.14 (c) When the person works for an hourly wage and the hourly 19.15 wage is equal to or greater than the applicable minimum wage, 19.16 child care assistance shall be provided for the actual hours of 19.17 employment, break, and mealtime during the employment and travel 19.18 time up to two hours per day. 19.19 (d) When the person does not work for an hourly wage, child 19.20 care assistance must be provided for the lesser of: 19.21 (1) the amount of child care determined by dividing gross 19.22 earned income by the applicable minimum wage, up to one hour 19.23 every eight hours for meals and break time, plus up to two hours 19.24 per day for travel time; or 19.25 (2) the amount of child care equal to the actual amount of 19.26 child care used during employment, including break and mealtime 19.27 during employment, and travel time up to two hours per day. 19.28 Subd. 1a. [ASSISTANCE FOR PERSONS PARTICIPATING IN 19.29 EMPLOYMENT PLAN.] The following persons are also eligible for 19.30 child care assistance: 19.31 (1) persons who are participating in employment orientation 19.32 or job search, or other employment or training activities that 19.33 are included in an approved employability development plan under 19.34 chapter 256K; 19.35 (2) persons who are participating in work, job search, job 19.36 support, employment, or training activities as required in their 20.1 job search support or employment plan, or in appeals, hearings, 20.2 assessments, or orientations according to chapter 256J; 20.3 (3) persons who are participating in social services 20.4 activities under chapter 256J or 256K as required in their 20.5 employment plan approved according to chapter 256J or 256K; and 20.6 (4) families who are participating in programs as required 20.7 in tribal contracts under section 119B.02, subdivision 2, or 20.8 256.01, subdivision 2. 20.9 Subd. 2. [FINANCIAL ELIGIBILITY REQUIRED.] Persons 20.10 participating in employment programs, training programs, or 20.11 education programs are eligible for continued assistance from 20.12 the child care fund, if they are financially eligible under the 20.13 sliding fee scale set by the commissioner in section 119B.12. 20.14 Subd. 3. [CHILD CARE ASSISTANCE DURING EDUCATION.] The 20.15 following persons are eligible for child care assistance for 20.16 education or training: 20.17 (1) persons who meet the requirements of section 119B.09 20.18 who are enrolled in remedial or basic education or English as a 20.19 second language, or persons up to the age of 19 who are enrolled 20.20 in an educational program to attain a high school diploma or 20.21 general equivalency diploma; and 20.22 (2) persons who meet the requirements of this section and 20.23 section 119B.09 must also receive child care assistance to 20.24 reduce the costs of child care for education when employed an 20.25 average of at least 20 hours per week under subdivision 1, and 20.26 are not receiving MFIP benefits as defined in section 119B.011, 20.27 subdivision 17. 20.28 Subd. 4. [SATISFACTORY PROGRESS.] Students enrolled in an 20.29 education program under section 119B.011, subdivision 11, must 20.30 be making satisfactory progress toward completion of the program 20.31 as stipulated in the school's satisfactory progress policy. 20.32 Subd. 5. [LIMITING DURATION OF TRAINING.] Counties may not 20.33 limit the duration of child care subsidies for a person in an 20.34 employment or educational program except when the person is 20.35 found to be ineligible under the child care fund eligibility 20.36 standards. Any limitation must be based on a person's 21.1 employment plan in the case of an MFIP participant. 21.2 Subd. 6. [MAXIMUM LENGTH OF TIME FOR TRAINING.] The 21.3 maximum length of time a participant is eligible for child care 21.4 assistance under the child care fund for education and training 21.5 is no more than the maximum time allowed to complete the credit 21.6 requirements for an associate or baccalaureate degree as 21.7 stipulated in the school's satisfactory progress policy. This 21.8 length of time excludes basic or remedial education programs, 21.9 English as a second language, high school, and general 21.10 equivalency diploma programs needed to prepare for 21.11 post-secondary education or employment. 21.12 Subd. 7. [MFIP STUDENT MOVES TO ANOTHER COUNTY.] If an 21.13 MFIP participant who is receiving child care assistance under 21.14 this chapter moves to another county, continues to participate 21.15 in educational or training programs authorized in the MFIP 21.16 participant's employment plans, and continues to be eligible for 21.17 child care assistance under this chapter, the MFIP participant 21.18 must receive continued child care assistance from the county 21.19 responsible for the MFIP participant's current employment plan 21.20 under section 256G.07. 21.21 Sec. 21. Minnesota Statutes 2000, section 119B.11, 21.22 subdivision 1, is amended to read: 21.23 Subdivision 1. [COUNTY CONTRIBUTIONS REQUIRED.]Beginning21.24July 1, 1997,(a) In addition to payments frombasic sliding fee21.25 child care assistance program participants, each county shall 21.26 contribute from county tax or other sources a fixed local match 21.27 equal to its calendar year19962000 required county 21.28 contributionreduced by the administrative funding loss that21.29would have occurred in state fiscal year 1996 under section21.30119B.15. The commissioner shall recover funds from the county 21.31 as necessary to bring county expenditures into compliance with 21.32 this subdivision. The commissioner may accept county 21.33 contributions, including contributions above the fixed local 21.34 match, in order to make state payments. 21.35 (b) The commissioner may accept payments from counties: (1) 21.36 to fulfill the county contribution as required under subdivision 22.1 1; (2) to pay for services authorized under this chapter beyond 22.2 those paid for with federal or state funds or with the required 22.3 county contributions; or (3) to pay for child care services not 22.4 authorized under this chapter. The commissioner may keep 22.5 accounts as necessary within the state's accounting system. The 22.6 receipts must be deposited in the special revenue fund. 22.7 Sec. 22. Minnesota Statutes 2000, section 119B.12, 22.8 subdivision 2, is amended to read: 22.9 Subd. 2. [PARENT FEE.] A family's monthly parent fee must 22.10 be a fixed percentage of its annual gross income. Parent fees 22.11 must apply to families eligible for child care assistance 22.12 undersections 119B.03 and 119B.05section 119B.09. Income must 22.13 be as defined in section 119B.011, subdivision 15. The fixed 22.14 percent is based on the relationship of the family's annual 22.15 gross income to 100 percent of state median income. Beginning 22.16 January 1, 1998, parent fees must begin at 75 percent of the 22.17 poverty level. The minimum parent fees for families between 75 22.18 percent and 100 percent of poverty level must be $5 per month. 22.19 Parent fees must be established in rule and must provide for 22.20 graduated movement to full payment. 22.21 Sec. 23. Minnesota Statutes 2000, section 119B.13, 22.22 subdivision 1, is amended to read: 22.23 Subdivision 1. [SUBSIDY RESTRICTIONS.] The maximum rate 22.24 paid for child care assistance under the child care fund may not 22.25 exceed the 75th percentile rate for like-care arrangements in 22.26 the county as surveyed by the commissioner. Beginning July 1, 22.27 2001, the 75th percentile rate established for a county may not 22.28 be less than the 75th percentile rate established for that 22.29 county during the previous year. A rate which includes a 22.30 provider bonus paid under subdivision 2 or a special needs rate 22.31 paid under subdivision 3 may be in excess of the maximum rate 22.32 allowed under this subdivision.The department shall monitor22.33the effect of this paragraph on provider rates.The county 22.34 shall pay the provider's full charges for every child in care up 22.35 to the maximum established.The commissioner shall determine22.36the maximum rate for each type of care, including special needs23.1and handicapped care.Not less than once every two years, the 23.2 commissioner shall evaluate market practices for payment of 23.3 absences and shall establish policies for payment of absent days 23.4 that reflect current market practice. 23.5 When the provider charge is greater than the maximum 23.6 provider rate allowed, the parent is responsible for payment of 23.7 the difference in the rates in addition to any family copayment 23.8 fee. 23.9 Sec. 24. Minnesota Statutes 2000, section 119B.13, 23.10 subdivision 6, is amended to read: 23.11 Subd. 6. [PROVIDER PAYMENTS.] Counties or the state shall 23.12 make vendor payments to the child care provider or pay the 23.13 parent directly for eligible child care expenses. If payments 23.14 for child care assistance are made to providers, the provider 23.15 shall bill the county for services provided within ten days of 23.16 the end of the month of service. If bills are submitted in 23.17 accordance with the provisions of this subdivision, a county or 23.18 the state shall issue payment to the provider of child care 23.19 under the child care fund within 30 days of receiving an invoice 23.20 from the provider. Counties or the state may establish policies 23.21 that make payments on a more frequent basis. A county's payment 23.22 policies must be included in the county's child care plan under 23.23 section 119B.08, subdivision 3. If payments are made by the 23.24 state, in addition to being in compliance with this subdivision, 23.25 the payments must be made in compliance with section 16A.124. 23.26 Sec. 25. Minnesota Statutes 2000, section 119B.15, is 23.27 amended to read: 23.28 119B.15 [ADMINISTRATIVE EXPENSES.] 23.29 The commissioner shall use up to 1/21 of the state and 23.30 federal funds availablefor the basic sliding fee program and23.311/21 of the state and federal funds availablefor theMFIPchild 23.32 care assistance program forpayments to counties for23.33administrative expensesthe administrative costs of the delivery 23.34 of direct services. 23.35 Sec. 26. [119B.221] [TEACHER EDUCATION AND COMPENSATION 23.36 HELPS PROGRAM.] 24.1 Subdivision 1. [ESTABLISHMENT.] The commissioner shall 24.2 establish a teacher education and compensation helps program 24.3 (TEACH) to provide tuition scholarships, education incentive 24.4 bonuses, and retention bonuses to child care and education 24.5 providers and staff. The commissioner shall transfer funds 24.6 provided under this section through a grant to a nonprofit 24.7 organization licensed to administer the TEACH program. The 24.8 commissioner shall establish application procedures, eligibility 24.9 criteria, terms, and other conditions necessary to administer 24.10 the program. 24.11 Subd. 2. [PROGRAM COMPONENTS.] (a) The nonprofit 24.12 organization shall distribute funds for: 24.13 (1) tuition scholarships up to $2,000 per year for courses 24.14 leading to the nationally recognized child development associate 24.15 credential or college-level courses leading to the University of 24.16 Minnesota competency-based training assessment credential, or 24.17 similar credentials recognized by the department or a 24.18 certificate, Associate of Arts, Bachelor of Arts, or Master of 24.19 Arts in early childhood development and school-age care; and 24.20 (2) education incentive bonuses of $300 to $500 to 24.21 participants in the tuition scholarship program if they complete 24.22 a year of working in the child care and education field. 24.23 (b) Applicants for the scholarship must be either employed 24.24 by a licensed child care center and working directly with 24.25 children, a licensed family child care provider, or an employee 24.26 in a school-age program operated under the auspices of a 24.27 license-exempt public program. Scholarship recipients who are 24.28 self-employed must contribute five percent of the total 24.29 scholarship. Applicants who are not self-employed must be 24.30 sponsored by their employer and the employer must contribute 24.31 five percent of the total scholarship. 24.32 (c) The organization shall also distribute funds for 24.33 retention bonuses of $600 to $3,500 annually to be paid 24.34 semiannually to child care and education providers and staff who 24.35 have worked in the child care and education field for at least 24.36 one year. The amount of the retention bonus must be based on 25.1 the applicant's level of education when they apply for the 25.2 bonus. A provider or staff is eligible for the bonus if: 25.3 (1) the provider or staff has worked in the field for at 25.4 least one year and has been working at the same location for at 25.5 least one year at the time of application; and 25.6 (2) is earning an hourly wage that is less than the hourly 25.7 wage equivalent of elementary school teachers in the school 25.8 district. 25.9 The commissioner shall annually adjust the scholarship and 25.10 bonus amounts by the rate of inflation as measured by the 25.11 Consumer Price Index. 25.12 Subd. 3. [ADVISORY COMMITTEE.] The TEACH program must have 25.13 an advisory board composed of five members from early childhood 25.14 and school-age care professional associations, three members 25.15 from professional associations that represent the cultural 25.16 diversity of communities; one member of the business community 25.17 working in the human resources field; two parents using child 25.18 care; one representative each from a Head Start program and an 25.19 early childhood and family education program; one licensed child 25.20 care center teacher; one licensed child care center director; 25.21 one licensed family child care provider; and one kindergarten 25.22 through third grade teacher. 25.23 Sec. 27. Minnesota Statutes 2000, section 119B.24, is 25.24 amended to read: 25.25 119B.24 [DUTIES OF COMMISSIONER.] 25.26 In addition to the powers and duties already conferred by 25.27 law, the commissioner of children, families, and learning shall: 25.28 (1) administer the child care fund, including the basic 25.29 sliding fee program authorized under sections 119B.011 to 25.30 119B.16; 25.31 (2) monitor the child care resource and referral programs 25.32 established under section 119B.19; and 25.33 (3) encourage child care providers to participate in a 25.34 nationally recognized accreditation system for early 25.35 childhood and school-age care programs.The commissioner shall25.36reimburse licensedSubject to approval by the commissioner, 26.1 family child care providers and early childhood and school-age 26.2 care programs shall be reimbursed for one-half of the direct 26.3 cost of accreditation fees, upon successful completion of 26.4 accreditation. 26.5 Sec. 28. Minnesota Statutes 2000, section 121A.16, is 26.6 amended to read: 26.7 121A.16 [EARLY CHILDHOOD HEALTH AND DEVELOPMENT SCREENING; 26.8 PURPOSE.] 26.9 The legislature finds that early detection of children's 26.10 health and developmental problems can reduce their later need 26.11 for costly care, minimize their physical and educational 26.12handicapsdisabilities, and aid in their rehabilitation. The 26.13 purpose of sections 121A.16 to 121A.19 is to assist parents and 26.14 communities in improving the health of Minnesota children and in 26.15 planning educational and health programs. To effect this 26.16 purpose in the most cost-effective and efficient manner 26.17 possible, the commissioners of children, families, and learning 26.18 and human services shall identify a plan to maximize the use of 26.19 early and periodic screening, diagnosis, and treatment program 26.20 funding for the purposes of sections 121A.16 to 121A.19, and 26.21 shall report to the legislature by December 1, 2001, their 26.22 recommendations for better coordination between the public 26.23 funding streams that currently exist for early childhood 26.24 screening. 26.25 Sec. 29. Minnesota Statutes 2000, section 121A.17, 26.26 subdivision 1, is amended to read: 26.27 Subdivision 1. [EARLY CHILDHOOD DEVELOPMENTAL SCREENING.] 26.28 Every school board must provide for a mandatory program of early 26.29 childhood developmental screening for children at least once 26.30 before school entrance, targeting children who are between 3-1/226.31and four years old. Screening must be accomplished as near as 26.32 possible to the child's third birthday but may be as early as 26.33 age two at the option of the child's parent or legal guardian. 26.34 Children screened between the ages of two and three should be 26.35 rescreened at or after age three. This screening program must 26.36 be established either by one board, by two or more boards acting 27.1 in cooperation, by service cooperatives, by early childhood 27.2 family education programs, or by other existing programs. This 27.3 screening examination is a mandatory requirement for a student 27.4 to continue attending kindergarten or first grade in a public 27.5 school. A child need not submit to developmental screening 27.6 provided by a board if the child's health records indicate to 27.7 the board that the child has received comparable developmental 27.8 screening from a public or private health care organizationor, 27.9 individual health care provider, or Head Start. Districts are 27.10 encouraged to reduce the costs of preschool developmental 27.11 screening programs by utilizing volunteers in implementing the 27.12 program. 27.13 Sec. 30. Minnesota Statutes 2000, section 121A.17, 27.14 subdivision 3, is amended to read: 27.15 Subd. 3. [SCREENING PROGRAM.] (a) A screening program must 27.16 include at least the following components: developmental 27.17 assessments, health and developmental history, hearing and 27.18 vision screening or referral, immunization review and referral, 27.19 the child's height and weight, identification of risk factors 27.20 that may influence learning, an interview with the parent about 27.21 the child, and referral for assessment, diagnosis, and treatment 27.22 when potential needs are identified. The district and the 27.23 person performing or supervising the screening must provide a 27.24 parent or guardian with clear written notice that the parent or 27.25 guardian may decline to answer questions or provide information 27.26 about family circumstances that might affect development and 27.27 identification of risk factors that may influence learning. The 27.28 notice must clearly state that declining to answer questions or 27.29 provide information does not prevent the child from being 27.30 enrolled in kindergarten or first grade if all other screening 27.31 components are met. If a parent or guardian is not able to read 27.32 and comprehend the written notice, the district and the person 27.33 performing or supervising the screening must convey the 27.34 information in another manner. The notice must also inform the 27.35 parent or guardian that a child need not submit to the district 27.36 screening program if the child's health records indicate to the 28.1 school that the child has received comparable developmental 28.2 screening performed within the preceding 365 days by a public or 28.3 private health care organization or individual health care 28.4 provider. The notice must be given to a parent or guardian at 28.5 the time the district initially provides information to the 28.6 parent or guardian about screening and must be given again at 28.7 the screening location. 28.8 (b) All screening components shall be consistent with the 28.9 standards of the state commissioner of health and the 28.10 commissioner of children, families, and learning for early 28.11 developmental screening programs. A developmental screening 28.12 program must not provide laboratory tests or a physical 28.13 examination to any child. The district must request from the 28.14 public or private health care organization or the individual 28.15 health care provider the results of any laboratory test or 28.16 physical examination within the 12 months preceding a child's 28.17 scheduled screening. 28.18 (c) If a child is without health coverage, the school 28.19 district must refer the child to an appropriate health care 28.20 provider, and must provide application materials for 28.21 MinnesotaCare if appropriate. 28.22 (d) A board may offer additional components such as 28.23 nutritional, physical and dental assessments, review of family 28.24 circumstances that might affect development, blood pressure, and 28.25 laboratory tests, and health history. 28.26 (e) If a statement signed by the child's parent or guardian 28.27 is submitted to the administrator or other person having general 28.28 control and supervision of the school that the child has not 28.29 been screened because of conscientiously held beliefs of the 28.30 parent or guardian, the screening is not required. 28.31 Sec. 31. Minnesota Statutes 2000, section 121A.17, 28.32 subdivision 4, is amended to read: 28.33 Subd. 4. [FOLLOW-UP SCREENING.] If any child's screening 28.34 indicates a condition which requires diagnosis or treatment, the 28.35 child's parents shall be notified of the condition and the board 28.36 shall ensure that an appropriate follow-up and referral process 29.1 is available. Districts must report to the commissioner results 29.2 of referrals and subsequent interventions. 29.3 Sec. 32. Minnesota Statutes 2000, section 121A.17, 29.4 subdivision 5, is amended to read: 29.5 Subd. 5. [DEVELOPMENTAL SCREENING PROGRAM INFORMATION.] 29.6 The board must inform each resident family with a child eligible 29.7 to participate in the developmental screening program about the 29.8 availability of the program and the state's requirement that a 29.9 child receive developmental screeningnot later than 30 days29.10after the first day of attending kindergarten in a public school.29.11 as near as possible to the child's third birthday. The board 29.12 must also inform families that they may choose to have their 29.13 child screened as early as age two and that children screened 29.14 between the ages of two and three should be rescreened at or 29.15 after age three. If a child has not been screened prior to 29.16 school entrance, families must be notified of the state's 29.17 requirement that a child receive developmental screening not 29.18 later than 30 days after first attending kindergarten in a 29.19 public school. 29.20 Sec. 33. Minnesota Statutes 2000, section 121A.19, is 29.21 amended to read: 29.22 121A.19 [DEVELOPMENTAL SCREENING AID.] 29.23 Subdivision 1. [AID.] Each school year, the state must pay 29.24 a district$40$50 for each four-year-old child, $65 for each 29.25 three-year-old child, and $75 for each two-year-old child 29.26 screened according to the requirements of section 121A.17. Each 29.27 school year, the state must pay a district $5 per child for each 29.28 follow-up on referrals and subsequent interventions. If this 29.29 amount of aid is insufficient, the district may permanently 29.30 transfer from the general fund an amount that, when added to the 29.31 aid, is sufficient. 29.32 Subd. 2. [TECHNICAL ASSISTANCE.] Each school year, $55,000 29.33 must be available for statewide training, technical assistance, 29.34 and outreach. 29.35 Sec. 34. Minnesota Statutes 2000, section 124D.13, is 29.36 amended by adding a subdivision to read: 30.1 Subd. 2a. [PROGRAM PLAN REVIEW AND APPROVAL.] A school 30.2 district shall biennially by May 15 submit to the commissioner a 30.3 program plan describing how the district intends to use program 30.4 funds to address the program characteristics under subdivision 30.5 2, the coordination requirements under subdivision 8, the 30.6 specific needs of young children and their families in the 30.7 school district, and other information as required by the 30.8 commissioner. One-half of districts shall submit a plan in the 30.9 even-numbered fiscal years and the remaining districts in the 30.10 odd-numbered fiscal years as designated by the commissioner. If 30.11 the program is integrated with the district's school readiness 30.12 program, the district may request a waiver in advance to submit 30.13 only one joint program plan for the two programs. The 30.14 commissioner shall review and make comments or recommendations 30.15 within 90 days of receiving the plan. 30.16 Sec. 35. Minnesota Statutes 2000, section 124D.13, 30.17 subdivision 8, is amended to read: 30.18 Subd. 8. [COORDINATION.] A districtis encouraged to30.19coordinate the program with its special education and vocational30.20education programs and with related services provided by other30.21governmental agencies and nonprofit agencies.must coordinate 30.22 the early childhood family education program with existing 30.23 community-based programs and service providers including school 30.24 readiness, Head Start, child care, and others, and foster 30.25 collaboration among agencies and other community-based 30.26 organizations and programs that provide flexible, family-focused 30.27 services to families with young children. The district must 30.28 actively encourage greater sharing of information, 30.29 responsibility, and accountability among service providers and 30.30 facilitate the children's transition to kindergarten. 30.31 A district is encouraged to coordinate adult basic 30.32 education programs provided to parents and early childhood 30.33 family education programs provided to children to accomplish the 30.34 goals of section 124D.895. 30.35 Sec. 36. Minnesota Statutes 2000, section 124D.13, 30.36 subdivision 9, is amended to read: 31.1 Subd. 9. [DISTRICT ADVISORY COUNCILS.] The board must 31.2 appoint an advisory council from the area in which the program 31.3 is provided. A majority of the council must be parents 31.4 participating in the program. The council must assist the board 31.5 in developing, planning, and monitoring the early childhood 31.6 family education program and in integrating service delivery 31.7 with other early childhood and family services within the 31.8 community. The council must report to the board and the 31.9 community education advisory council. 31.10 Sec. 37. Minnesota Statutes 2000, section 124D.13, is 31.11 amended by adding a subdivision to read: 31.12 Subd. 13. [ANNUAL REPORT.] A district is required to 31.13 report annual program and participant data as defined by the 31.14 commissioner by August 15 for the school year ending June 30 of 31.15 the same calendar year. A district's failure to report the 31.16 necessary data may result in the withholding of future program 31.17 funds. 31.18 Sec. 38. Minnesota Statutes 2000, section 124D.135, 31.19 subdivision 1, is amended to read: 31.20 Subdivision 1. [REVENUE.] The revenue for early childhood 31.21 family education programs for a school district equals$113.5031.22for fiscal years 2000 and 2001 and$120 for fiscal year 2002 and 31.23 $125.60 for fiscal year 2003 and later fiscal years times the 31.24 greater of: 31.25 (1) 150; or 31.26 (2) the number of people under five years of age residing 31.27 in the district on October 1 of the previous school year. 31.28 Sec. 39. Minnesota Statutes 2000, section 124D.135, 31.29 subdivision 3, is amended to read: 31.30 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] For 31.31 fiscal year 2001 to obtain early childhood family education 31.32 revenue, a district may levy an amount equal to the tax rate of 31.33.5282.5045 percent times the adjusted tax capacity of the 31.34 district for the year preceding the year the levy is certified. 31.35 Beginning with levies for fiscal year 2002, by September 30 of 31.36 each year, the commissioner shall establish a tax rate for early 32.1 childhood education revenue that raises $21,027,000 for fiscal 32.2 year 2002 and $22,135,000 in fiscal year 2003 and each 32.3 subsequent year. If the amount of the early childhood family 32.4 education levy would exceed the early childhood family education 32.5 revenue, the early childhood family education levy must equal 32.6 the early childhood family education revenue. 32.7 Sec. 40. Minnesota Statutes 2000, section 124D.135, 32.8 subdivision 7, is amended to read: 32.9 Subd. 7. [RESERVE ACCOUNT.] (a) Early childhood family 32.10 education revenue, which includes aids, levies, fees, grants, 32.11 and all other revenues received by the district for early 32.12 childhood family education programs, must be maintained in a 32.13 reserve account within the community service fund. 32.14 (b) This reserve account may not exceed 25 percent of the 32.15 district's annual early childhood family education revenue. If 32.16 a district anticipates that the reserve account may exceed 25 32.17 percent because of extenuating circumstances, prior approval to 32.18 exceed the limit must be obtained in writing from the 32.19 commissioner. 32.20 (c) If a deficit in the reserve account exists at the end 32.21 of a fiscal year and the deficit is not eliminated by revenues 32.22 from operations in the next year, then the deficit must be 32.23 eliminated by a permanent fund transfer from the district's 32.24 general fund at the end of the second year. 32.25 (d) Notwithstanding paragraph (c), a district may incur a 32.26 deficit in the fund for up to three years without making the 32.27 permanent transfer if the district submits to the commissioner 32.28 by January 1 of the second fiscal year a plan for eliminating 32.29 the deficit at the end of the third fiscal year. 32.30 Sec. 41. Minnesota Statutes 2000, section 124D.135, is 32.31 amended by adding a subdivision to read: 32.32 Subd. 8. [ADJUSTMENT FOR UNUSED FUNDS.] A district that 32.33 has an early childhood family education reserve fund balance 32.34 that exceeds 25 percent of the annual revenue for the program 32.35 shall have its future aid and levy authority reduced 32.36 accordingly. This reduction shall be made in the fiscal year 33.1 that begins no more than 30 months after the excess occurs in 33.2 the reserve account. The commissioner shall reallocate aid 33.3 reduced under this provision to other eligible school districts. 33.4 Sec. 42. Minnesota Statutes 2000, section 124D.15, is 33.5 amended to read: 33.6 124D.15 [SCHOOL READINESS PROGRAMS.] 33.7 Subdivision 1. [ESTABLISHMENT; PURPOSE.] A district or a 33.8 group of districts may establish a school readiness program that 33.9 provides a continuum of flexible services for eligible children. 33.10 The purpose of a school readiness program is to provide all 33.11 eligible children adequate opportunities to participate in child 33.12 development programs that enable the children to enter school 33.13 with the necessary skills and behavior and family stability and 33.14 support to progress and flourish. 33.15 Subd. 2. [CHILD ELIGIBILITY.] (a) A childis eligible33.16tomay participate in a school readiness program offered 33.17bythrough the resident district or another district if the 33.18 child is: 33.19 (1) at least 3-1/2 years old but has not entered 33.20 kindergarten;and 33.21(2)the child receives developmental screening under 33.22 section 121A.17 within 90 days of enrolling in the programor33.23the child's fourth birthday.; and 33.24(b)(2)a childyounger than 3-1/2 years oldmay33.25participate in a school readiness programif the district or 33.26 group of districtsthatestablishesthe program determines that33.27the program can more effectively accomplish its purpose by33.28including children younger than 3-1/2 years oldor sponsors such 33.29 a program. 33.30 Subd. 3. [PROGRAM ELIGIBILITY COMPONENTS.] A school 33.31 readiness program must include the following: 33.32 (1) a comprehensive plan to anticipate and meet the needs 33.33 of participating families by coordinating existing social 33.34 services, health care, nutrition, child care, and other 33.35 community programs and by fostering collaboration among agencies 33.36 or other community-based organizations and programs that provide 34.1 a full range of flexible, family-focused services to families 34.2 with young children; 34.3 (2) a development and learning component to help children 34.4 develop appropriate social, cognitive, and physical skills, and 34.5 emotional well-being; 34.6 (3) health referral or health services to address 34.7 children's medical, dental, mental health, and nutritional 34.8 needs; 34.9 (4) a nutrition component to meet children's daily 34.10 nutritional needs; 34.11 (5)parents'family involvement and education in meeting 34.12 children's educational, health, social service, and other needs; 34.13 (6) community outreach to ensure participation by families 34.14 who represent the racial, cultural, and economic diversity of 34.15 the community; 34.16 (7) community-based staff and program resources, including 34.17 interpreters, that reflect the racial and ethnic characteristics 34.18 of the children participating in the program; and 34.19 (8) a literacy component to ensure that the literacy needs 34.20 of parents are addressed through referral to and cooperation 34.21 with adult basic education programs and other adult literacy 34.22 programs. 34.23 Subd. 4. [PROGRAM GOALS.] School readiness programs are 34.24 encouraged to: 34.25(1) prepare an individualized service plan to meet each34.26child's developmental and learning needs;34.27(2) provide parent education to increase parents'34.28knowledge, understanding, skills, and experience in child34.29development and learning;34.30(3) foster substantial parent involvement that may include34.31having parents develop curriculum or serve as a paid or34.32volunteer educator, resource person, or other staff;34.33(4) identify the needs of families in the content of the34.34child's school readiness and family literacy;34.35(5) expand collaboration with public organizations,34.36businesses, nonprofit organizations, or other private35.1organizations to develop a coordinated system of flexible,35.2family-focused services available to anticipate and meet the35.3full range of needs of all eligible children and their families;35.4(6) coordinate treatment and follow-up services for35.5children's identified physical and mental health problems;35.6(7) offer transportation for eligible children and their35.7families for whom other forms of transportation are unavailable35.8or would constitute an excessive financial burden;35.9(8) make substantial outreach efforts to assure significant35.10participation by families with the greatest needs, including35.11those families whose income level does not exceed the most35.12recent update of the poverty guidelines required by sections 65235.13and 673(2) of the Omnibus Budget Reconciliation Act of 198135.14(Public Law Number 97-35);35.15(9) use community-based, trained home visitors serving as35.16paraprofessionals to provide social support, referrals, parent35.17education, and other services;35.18(10) create community-based family resource centers and35.19interdisciplinary teams; and35.20(11) enhance the quality of family or center-based child35.21care programs by providing supplementary services and resources,35.22staff training, and assistance with children with special needs.35.23 (1) expand collaboration with public organizations, 35.24 businesses, nonprofit organizations, or other private 35.25 organizations to develop a coordinated system of flexible, 35.26 family-focused services available to anticipate and meet the 35.27 full range of needs of all eligible children and their families; 35.28 (2) make substantial outreach efforts to assure significant 35.29 participation by families with the greatest needs, including, 35.30 but not limited to, those families whose income level does not 35.31 exceed the exit level for MFIP participants as identified in 35.32 chapter 256; 35.33 (3) identify the needs of families in the context of the 35.34 child's school readiness and family literacy; 35.35 (4) enhance the quality of family or center-based child 35.36 care programs by providing outreach, supplementary services and 36.1 resources, staff training, and assistance with children with 36.2 special needs; 36.3 (5) prepare an individualized learning plan to meet each 36.4 child's developmental and learning needs to ensure progress 36.5 towards school readiness; 36.6 (6) foster substantial parent involvement that may include 36.7 having parents serve as paid or volunteer educators, resource 36.8 persons, or other staff; and 36.9 (7) provide parent education to increase parents' 36.10 knowledge, understanding, skills, and experience in child 36.11 development and learning. 36.12 Subd. 4a. [STRATEGIES FOR ACHIEVING GOALS.] School 36.13 readiness programs are encouraged to: 36.14 (1) offer transportation for eligible children and their 36.15 families for whom other forms of transportation are unavailable 36.16 or would constitute an excessive financial burden; 36.17 (2) use community-based, trained home visitors serving as 36.18 paraprofessionals to provide social support, referrals, parent 36.19 education, staff development for child care providers, and other 36.20 services; 36.21 (3) create community-based family resource centers and 36.22 interdisciplinary teams; and 36.23 (4) coordinate treatment and follow-up services for 36.24 children's identified physical and mental health problems. 36.25 Subd. 5. [SERVICES WITH NEW OR EXISTING PROVIDERS.] A 36.26 districtis encouraged tomay contract with a public, private, 36.27 or nonprofit organization to provide eligible children 36.28 developmentally appropriate services that meet the program 36.29 requirements in subdivision 3.In the alternative,A district 36.30 may provide quality enhancement grants to reach a school 36.31 readiness level of quality under subdivision 11. A district may 36.32 pay tuition or fees to place an eligible child in an existing 36.33 program. A district may establish a new program where no 36.34 existing, reasonably accessible program meets the program 36.35 requirements in subdivision 3. Services may be provided in a 36.36 site-based program or in the home of the child or a combination 37.1 of both. The district may not restrict participation to 37.2 district residents. 37.3 Subd. 6. [COORDINATION WITH OTHER PROVIDERS.] (a) The 37.4 district must coordinate the school readiness program with 37.5 existing community-basedsocial servicesservice providers, Head 37.6 Start, child care, and others and foster collaboration among 37.7 agencies and other community-based organizations and programs 37.8 that provide flexible, family-focused services to families with 37.9 children. The district must actively encourage greater sharing 37.10 of information, responsibility, and accountability among service 37.11 providers and facilitate children's transition between 37.12 programs and to kindergarten. 37.13 (b) To the extent possible, resources must follow the 37.14 children so that children receive appropriate services in a 37.15 stable environment and are not moved from one program location 37.16 to another. Where geographically feasible, the district must 37.17 actively promotecolocatingcollaboration and integration of 37.18 services for children and their families. 37.19 Subd. 7. [ADVISORY COUNCIL.] Each school readiness program 37.20 must have an advisory council composed of members of existing 37.21 early education-related boards, parents of participating 37.22 children, child care providers, representatives from Head Start 37.23 and early childhood and family education, if those programs are 37.24 offered in the district, culturally specific service 37.25 organizations, the local business community, health services 37.26 providers, local resource and referral agencies,and37.27representatives ofearly childhood service providers, and the 37.28 kindergarten through grade 12 system, and may include other 37.29 community-based organizations.The council must advise the37.30board in creating and administering the program and must monitor37.31the progress of the program. The council must ensure that37.32children at greatest risk receive appropriate services. If the37.33board is unable to appoint to the advisory council members of37.34existing early education-related boards, it must appoint parents37.35of children enrolled in the program who represent the racial,37.36cultural, and economic diversity of the district and38.1representatives of early childhood service providers as38.2representatives to an existing advisory council.A majority of 38.3 council members must be parents participating in the program. 38.4 The council must advise the board in planning, developing, and 38.5 monitoring the program and in integrating service delivery with 38.6 other early childhood and family services within the community. 38.7 The council must assure that children at greatest risk receive 38.8 appropriate services. In lieu of establishing a new or separate 38.9 advisory council, a board may appoint parents of children 38.10 enrolled in the program who represent the racial, cultural, and 38.11 economic diversity of the district and representatives of early 38.12 childhood service providers as representatives to an existing 38.13 advisory council with comparable purpose and function to fulfill 38.14 the responsibilities described in this subdivision. 38.15 Subd. 8. [PRIORITIZING SERVICES.] (a) The district must 38.16 give greatest priority to providing services to eligible 38.17 children identified, through a means such as the early childhood 38.18 screening process, as being developmentally disadvantaged or 38.19 experiencing risk factors that could impede their school 38.20 readiness. 38.21 (b) As available funding increases substantially over the 38.22 fiscal year 2000 level, emphasis shall be given to strengthening 38.23 services for children birth to age 3-1/2 and the quality of 38.24 child care. 38.25 Subd. 9. [CHILD RECORDS.] (a) A record of a child's 38.26 performance, progress,anddevelopment, and services received 38.27 must be maintained in the child's cumulative record while 38.28 enrolled in the school readiness program. The cumulative record 38.29 must be used for the purpose of planning activities to suit 38.30 individual needs and shall become part of the child's permanent 38.31 record. The cumulative record is private data under chapter 38.32 13. Information in the record may be disseminated to an 38.33 educator or service provider only to the extent that that person 38.34 has a need to know the information. 38.35 (b) An educator or service provider may transmit 38.36 information in the child's cumulative record to an educator or 39.1 service provider in another program for young children when the 39.2 child applies to enroll in that other program including 39.3 kindergarten. 39.4 Subd. 10. [SUPERVISION.] A program provided by a board 39.5 must be supervised by a licensed early childhood teacher, a 39.6 certified early childhood educator, or a licensed parent 39.7 educator. A program provided according to a contract between a 39.8 district and a nonprofit organization or another private 39.9 organization must be supervised and staffed according to the 39.10 terms of the contract. 39.11 Subd. 11. [DISTRICT STANDARDS.] The board of the district 39.12 must develop standards for the school readiness program that 39.13 reflect theeligibility criteriaprogram components in 39.14 subdivision 3. The board must consider including in the 39.15 standards the program characteristics in subdivision 4. 39.16 Subd. 12. [PROGRAM FEES.] A district may adopt a sliding 39.17 fee schedule based on a family's income but must waive a fee for 39.18 a participant unable to pay. The fees charged must be designed 39.19 to enable eligible children of all socioeconomic levels to 39.20 participate in the program. 39.21 Subd. 13. [ADDITIONAL REVENUE.] A district or an 39.22 organization contracting with a district may receive money or 39.23 in-kind services from a public or private organization. 39.24 Subd. 14. [ANNUAL REPORTING.] A district must report 39.25 annual program and participant data as defined by the 39.26 commissioner by August 15 for the school year ending June 30 of 39.27 the same calendar year. A district's failure to report the 39.28 necessary data may result in withholding of future program funds. 39.29 Sec. 43. Minnesota Statutes 2000, section 124D.16, is 39.30 amended to read: 39.31 124D.16 [SCHOOL READINESS AID.] 39.32 Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] A school 39.33 district shall biennially by May 1 submit to the commissioners 39.34 of children, families, and learning and health the program plan 39.35 required under this subdivision. As determined by the 39.36 commissioners, one-half of the districts shall first submit the 40.1 plan by May1 of the 2000-200115 of the 2001-2002 school year 40.2 and one-half of the districts shall first submit the plan by May 40.31 of the 2001-200215 of the 2002-2003 school year. The program 40.4 plan must include: 40.5 (1) adescription ofcommunity needs assessment of children 40.6 birth to age five; 40.7 (2) a description of the services to be provided, including 40.8 services for children birth to age 3-1/2; 40.9(2)(3) a plan to ensure children at greatest risk receive 40.10 appropriate services; 40.11(3)(4) a description of procedures and methods to be used 40.12 to coordinate public and private resources to maximize use of 40.13 existing community resources, including school districts, child 40.14 care, Head Start, health carefacilitiesservices, government 40.15 agencies, neighborhood organizations, and other resources 40.16 knowledgeable in early childhood development; 40.17(4)(5) comments about the district's proposed program by 40.18 the advisory council required by section 124D.15, subdivision 7; 40.19 and 40.20(5)(6) agreements with all participating service providers. 40.21 Each commissioner may review and comment on the program, 40.22 and make recommendations to the commissionerof children,40.23families, and learning,within3090 days of receiving the plan. 40.24 Subd. 1a. [EVALUATION.] The commissioner, in consultation 40.25 with early childhood teachers, elementary school classroom 40.26 teachers, child care providers, Head Start educators, parent 40.27 educators, and teacher educators shall develop an evaluation 40.28 framework for qualifying school sites to use in documenting 40.29 results. The evaluation must use empirical and qualitative 40.30 methods to gather information on the following: 40.31 (1) progress toward ensuring that every child entering 40.32 kindergarten has the knowledge and skills necessary to succeed 40.33 in school; 40.34 (2) an assessment of enrolling students by their teacher; 40.35 and 40.36 (3) measures of parental satisfaction and parental 41.1 involvement. 41.2 The commissioner shall assist a school site with its evaluation 41.3 at the request of the site. 41.4 Up to five percent of school readiness program aid may be 41.5 used for evaluation. 41.6 Subd. 2. [AMOUNT OF AID.] (a) A district is eligible to 41.7 receive school readiness aid if the program planasrequired by 41.8 subdivision 1 has been approved by the commissioner. 41.9 (b) For fiscal year19982002 and thereafter, a district 41.10 must receive school readiness aid equal to: 41.11 (1) the number of eligible four-year old children in the 41.12 district on October 1 for the previous school year times the 41.13 ratio of 50 percent of the total school readiness aid for that 41.14 year to the total number of eligible four-year old children 41.15 reported to the commissioner forthatthe previous school year; 41.16 plus 41.17 (2) the number of pupils enrolled in the school district 41.18 from families eligible for the free or reduced school lunch 41.19 program for the second previous school year times the ratio of 41.20 50 percent of the total school readiness aid for that year to 41.21 the total number of pupils in the state from families eligible 41.22 for the free or reduced school lunch program for the second 41.23 previous school year. 41.24 Subd. 2a. [AID GUARANTEE.] Notwithstanding subdivision 2, 41.25 for fiscal year 2002, any school readiness program qualifying 41.26 for aid under this section that receives less aid than in fiscal 41.27 year 2001 must receive additional aid equal to the difference 41.28 between the aid paid under section 124D.16, subdivision 2, 41.29 paragraph (b), clause (2), for fiscal year 2001 and the amount 41.30 of aid it is eligible for in fiscal year 2002 under section 41.31 124D.16, subdivision 2, paragraph (b), clause (2). The aid 41.32 guarantee applies only to the aid for the free or reduced school 41.33 lunch program in section 124D.16, subdivision 2, paragraph (b), 41.34 clause (2). 41.35 Subd. 3. [USE OF AID.] School readiness aid shall be used 41.36 only to provide a school readiness program and may be used to 42.1 provide transportation. Aid used for instruction must be 42.2 targeted to children identified in section 124D.15, subdivision 42.3 8a. Not more than five percent of the aid may be used for the 42.4 cost of administering the program. Aid must be used to 42.5 supplement and not supplant local, state, and federal funding. 42.6 Aid may not be used for instruction and services required under 42.7 sections 125A.03 to 125A.24 and 125A.65. Aid may not be used to 42.8 purchase land or construct buildings, but may be used to lease 42.9 or renovate existing buildings. 42.10 Subd. 4. [SEPARATE ACCOUNTS.] The district must deposit 42.11 school readiness aid in a separate account within the community 42.12 education fund. 42.13 Subd. 5. [RESERVE ACCOUNTS.] (a) School readiness revenue, 42.14 which includes aids, fees, grants, and all other revenues 42.15 received by the district school readiness programs, must be 42.16 maintained in a reserve account within the community service 42.17 fund. 42.18 (b) The reserve account may not exceed 25 percent of the 42.19 annual school readiness revenue. If a school district 42.20 anticipates that the amount in the reserve account may exceed 25 42.21 percent of the annual school readiness program revenue, prior 42.22 approval to exceed this amount must be obtained in writing from 42.23 the commissioner of children, families, and learning. 42.24 (c) If a deficit in the reserve account exists at the end 42.25 of a fiscal year, and the deficit is not eliminated by revenues 42.26 from operations in the next year, then the deficit must be 42.27 eliminated by a permanent fund transfer from the district's 42.28 general fund at the end of the second year. 42.29 (d) Notwithstanding paragraph (c), a district may incur a 42.30 deficit in the fund for up to three years without making the 42.31 permanent transfer if the district submits to the commissioner 42.32 by January 1 of the second fiscal year a plan for eliminating 42.33 the deficit at the end of the third fiscal year. 42.34 Subd. 6. [ADJUSTMENT FOR UNUSED FUNDS.] A district that 42.35 has a school readiness reserve fund balance that exceeds 25 42.36 percent of the annual amount of revenue for the program shall 43.1 have the future allocations reduced accordingly. This reduction 43.2 shall be made in the fiscal year that begins no more than 30 43.3 months after the excess occurs in the reserve account. The 43.4 commissioner shall reallocate aid reduced under this provision 43.5 to other eligible school districts. 43.6 Sec. 44. [INTERAGENCY AUTISM COORDINATING COMMITTEE.] 43.7 (a) The commissioner of children, families, and learning 43.8 shall establish an interagency committee to coordinate state 43.9 efforts related to servicing children with autism. The 43.10 committee shall include representatives of the departments of 43.11 children, families, and learning and human services, parents or 43.12 guardians of children with autism, pediatricians, local public 43.13 health officials, and representatives of private or nonprofit 43.14 organizations that advocate on behalf of children with autism. 43.15 (b) The interagency autism coordinating committee shall 43.16 study and recommend by December 1, 2001, to the committees in 43.17 the legislature charged with early childhood through grade 12 43.18 education policy and finance matters a plan for improving 43.19 efforts at early assessment and identification of autism in 43.20 young children. The plan must consider: 43.21 (1) all existing assessment program options; 43.22 (2) public and private funding sources, including 43.23 programmatic funding for early and periodic screening, 43.24 diagnosis, and treatment; and 43.25 (3) current research-based best practice models. 43.26 The plan must be designed to make optimal use of existing public 43.27 resources. 43.28 Sec. 45. [ESTABLISHMENT OF EARLY CHILDHOOD CARE AND 43.29 EDUCATION SERVICES DEMONSTRATION PROJECTS.] 43.30 Subdivision 1. [PURPOSE.] The purpose of the demonstration 43.31 projects is to implement a coordinated community system that 43.32 builds upon existing early childhood care and education services 43.33 to provide a full continuum of services for young children and 43.34 to collect the data necessary to measure outcomes and to develop 43.35 a statewide funding formula for distributing funds to individual 43.36 service sites. The data must include, but is not limited to: 44.1 (1) the care and educational needs of children and how 44.2 those needs are assessed and measured; 44.3 (2) the type of services to provide that will improve 44.4 outcomes, including school readiness; and 44.5 (3) the most effective way to distribute public funds for 44.6 early childhood services. 44.7 Subd. 2. [DEFINITIONS.] (a) "Approval board" means the 44.8 group composed of the county human services director, the 44.9 superintendent of schools, the public health director, the child 44.10 care resources and referral agency, Head Start grantees, or 44.11 their representatives. 44.12 (b) "Commissioner" means the commissioner of children, 44.13 families, and learning. 44.14 (c) "Community" means a county, a school district, a group 44.15 of school districts, a political subdivision, a service 44.16 cooperative, or a combination of any of these entities. 44.17 (d) "Early childhood care and education" means the services 44.18 available for children from birth to kindergarten coordinated by 44.19 local early childhood boards to fulfill the responsibilities 44.20 under this section. 44.21 (e) "Local early childhood board" means a group organized 44.22 under 501(c)(3) of the Internal Revenue Code and composed of one 44.23 member of the following groups, if they exist in the community: 44.24 (1) other early childhood education-related boards; 44.25 (2) three parents of children participating in programs at 44.26 qualified sites that represent the economic and ethnic diversity 44.27 of the community; 44.28 (3) licensed child care providers; 44.29 (4) early childhood education providers; 44.30 (5) health services providers; 44.31 (6) public or private nonprofit agencies serving youth and 44.32 families; 44.33 (7) the school board; 44.34 (8) the local teachers' union; and 44.35 (9) a representative from the state interagency committee. 44.36 (f) "Qualified site" means a physical location providing 45.1 early childhood care and education services that has been 45.2 approved by the local early childhood board according to 45.3 criteria under subdivision 6. 45.4 Subd. 3. [DUTIES OF COMMISSIONER.] The commissioner shall 45.5 supervise the development of an integrated early childhood care 45.6 and education system by: 45.7 (1) selecting early childhood care and education 45.8 demonstration projects that model effective practices under this 45.9 section through a competitive process; 45.10 (2) defining outcomes and indicators for a local early 45.11 childhood care and education system based on current research; 45.12 (3) providing technical assistance to local approval boards 45.13 and approved demonstration projects; 45.14 (4) developing guidelines for community-based planning; 45.15 (5) distributing public funds to demonstration projects; 45.16 (6) establishing minimum administrative and service 45.17 guidelines and standards for local early childhood boards; 45.18 (7) collecting data necessary to determine factors 45.19 appropriate for formula-based funding of early childhood care 45.20 and education services on a statewide basis; 45.21 (8) establishing data systems to enable the collection and 45.22 analysis of data from a variety of public and private sources 45.23 and payments to individual sites on a statewide basis; and 45.24 (9) designing and implementing a method of monitoring and 45.25 evaluating early childhood care and education criteria and local 45.26 plans. 45.27 Subd. 4. [GRANT APPLICATION OF APPROVAL BOARDS.] (a) A 45.28 community approval board may apply for a grant to establish a 45.29 demonstration project for overseeing the provision of early 45.30 childhood care and school readiness opportunities for every 45.31 child, birth to age five, in service areas where at least 35 45.32 percent of families are eligible for the free or reduced school 45.33 lunch program. The applicant must include: 45.34 (1) designation by the approval board of a local early 45.35 childhood board that meets the requirements of subdivision 2, 45.36 paragraph (e); 46.1 (2) a description of how it will oversee the development of 46.2 a local early childhood care and education plan; 46.3 (3) the process the local early childhood board will use to 46.4 qualify a variety of sites that represent diverse delivery 46.5 systems within the grantee's available resources; and 46.6 (4) a plan to provide and integrate access to the following 46.7 services: 46.8 (i) child care; 46.9 (ii) comprehensive health and dental care for children 46.10 birth to age five; 46.11 (iii)_developmental assessment of children younger than age 46.12 three; 46.13 (iv) job opportunities for parents; 46.14 (v) decent, safe housing for families; 46.15 (vi) home visiting; and 46.16 (vii) birth kits for all infants born during the project 46.17 time frame. 46.18 (b) The commissioner shall consider geographic diversity 46.19 and shall give preference to applicants with: 46.20 (1) designated early childhood boards that represent 46.21 different and identifiable governance structures; 46.22 (2) approval boards with the broadest representation of 46.23 community partners identified in subdivision 2, paragraph (a); 46.24 (3) the capacity to qualify a variety of sites that 46.25 represent diverse delivery systems within the grantee's 46.26 available resources; 46.27 (4) a plan to involve public and private community 46.28 resources to strategically invest in early childhood care and 46.29 education services at the community level; and 46.30 (5) the capacity of the local early childhood board to 46.31 measure outcomes. 46.32 Subd. 5. [DUTIES OF LOCAL EARLY CHILDHOOD BOARD.] (a) 46.33 Local early childhood boards must: 46.34 (1) assess the community's current capacity to address 46.35 early childhood care and education needs of children from birth 46.36 to kindergarten entrance; 47.1 (2) create and implement a program to qualify early 47.2 childhood care and education sites in its community according to 47.3 the criteria under subdivision 6; 47.4 (3) demonstrate the capacity to provide data necessary to 47.5 meet the requirements under subdivision 1; 47.6 (4) create an ongoing evaluation of each site in relation 47.7 to outcomes for children and families; 47.8 (5) provide an appropriate public forum in the community to 47.9 evaluate whether a qualified early childhood care and education 47.10 site continues to meet the criteria under subdivision 6; 47.11 (6) revoke the qualification of a site that fails to meet 47.12 the criteria under subdivision 6; and 47.13 (7) collect data and submit reports related to risk 47.14 factors, including, but not limited to: 47.15 (i) families and children living in poverty; 47.16 (ii) families whose income is 50 percent or less of the 47.17 state median income; 47.18 (iii) families receiving assistance from the Minnesota 47.19 family investment program; 47.20 (iv) children who first learned a language other than 47.21 English, come from a home where the language usually spoken is 47.22 other than English, or usually speak a language other than 47.23 English; 47.24 (v) families identifying themselves in an ethnic or racial 47.25 community other than that which represents the majority of the 47.26 state; 47.27 (vi) mothers who lack literacy competency as demonstrated 47.28 by the absence of a GED or high school diploma; and 47.29 (vii) children exhibiting a health or developmental 47.30 condition identified as requiring referral and follow-up 47.31 services. 47.32 (b) Local early childhood boards must report the number of 47.33 children or families exhibiting each risk factor who: 47.34 (1) are served through the demonstration project; 47.35 (2) reside in the area served in the qualifying site; and 47.36 (3) reside in the community. 48.1 (c) Local early childhood boards must report on types of 48.2 overview provided in categories designated by the commissioner 48.3 and must take maximum advantage of all other state and federal 48.4 funds available for child care. 48.5 Subd. 6. [CRITERIA FOR QUALIFIED SITES.] A qualified site 48.6 must meet the following criteria: 48.7 (1) the site must be a licensed, nonprofit organization, 48.8 except for family child care sites, child care centers, or 48.9 school districts; and 48.10 (2) the learning environment must be developmentally and 48.11 linguistically appropriate, taking into account children's 48.12 individual rates of development and interests, temperaments, 48.13 cultural backgrounds, and learning styles. 48.14 Subd. 7. [LOCAL PLAN.] The local early childhood board of 48.15 each demonstration project shall submit a local early childhood 48.16 care and education plan to the commissioner and shall update the 48.17 plan annually. The plan must include: 48.18 (1) a description of the services to be provided in the 48.19 community and their relationship to the needs of the population; 48.20 (2) a description of the strategies to ensure that children 48.21 at greatest risk receive appropriate services; 48.22 (3) a description of procedures and methods used to 48.23 coordinate public and private resources and maximize use of 48.24 existing community resources including, but not limited to, 48.25 school districts, health care facilities, child care providers, 48.26 government agencies, and neighborhood organizations; 48.27 (4) a data-set including, but not limited to, the number 48.28 and type of qualified sites in the community, the demographic 48.29 information of children served at all qualified sites, the 48.30 income levels of the families of all children served, the 48.31 community of origin of all children served, and the salaries of 48.32 all early child care and education providers; and 48.33 (5) agreements with all participating service providers. 48.34 Subd. 8. [REPORTING BY QUALIFIED SITES.] Beginning in 48.35 calendar year 2003, each qualified site that receives funding 48.36 shall submit to the commissioner data required by the 49.1 commissioner. 49.2 Subd. 9. [REVIEW OF ADMINISTRATIVE REQUIREMENTS.] The 49.3 commissioner shall, as requested by local early childhood 49.4 boards, review laws under the jurisdiction of the commissioner. 49.5 The commissioner shall also review rule requirements and, with 49.6 the approval of the board of government innovation and 49.7 cooperation under Minnesota Statutes, section 465.796, may waive 49.8 burdensome rule requirements if statutory and rule requirements 49.9 can be met in another way and the waiver simplifies or 49.10 consolidates program requirements or funding, or emphasizes 49.11 outcomes rather than procedures. In determining the 49.12 reasonableness of the requirements, the commissioner shall 49.13 consider the needs the service was developed to address and the 49.14 adequacy of the federal, state, and local funding available to 49.15 provide the service. The waiver authority under this 49.16 subdivision does not permit the commissioner to waive rule 49.17 requirements involving: client protections; due process; 49.18 inclusion of clients, parents, cultures, and ethnicity in 49.19 decision making; or requirements of federal laws or rules. 49.20 Subd. 10. [DISTRIBUTION OF GRANT FUNDS.] The commissioner 49.21 must distribute $150,000 in fiscal year 2003 to each 49.22 demonstration project for planning, and collection and analysis 49.23 of data necessary to measure outcomes and to develop a funding 49.24 formula. Direct service funds must be distributed to each 49.25 project as follows: 49.26 (1) a base amount of $100,000 to each project; 49.27 (2) 60 percent of the remaining funds must be allocated 49.28 based on actual population of children birth to age five; and 49.29 (3) 40 percent of the remaining funds must be allocated 49.30 based on the percentage of children living in poverty. 49.31 The grant agreement with each project must identify 49.32 available planning and direct service funds and a local fiscal 49.33 agent. Planning funds must be available at the start of the 49.34 grant agreement. Direct service funds must be available six 49.35 months after execution of the grant agreement. 49.36 The commissioner may make payments to each demonstration 50.1 project in quarterly installments. The commissioner may certify 50.2 an advance up to 25 percent of the allocation. Subsequent 50.3 payments shall be made on a reimbursement basis for reported 50.4 expenditures and may be adjusted for anticipated spending 50.5 patterns. 50.6 Sec. 46. [STUDY ON IMPLEMENTING AN INTEGRATED EARLY 50.7 CHILDHOOD SERVICES SYSTEM.] 50.8 Subdivision 1. [PURPOSE.] The commissioner of children, 50.9 families, and learning shall develop a plan to implement an 50.10 early childhood care and education services system for children 50.11 birth to age five that: 50.12 (1) establishes community control and decision making; 50.13 (2) eliminates separate funding streams for early childhood 50.14 programs; and 50.15 (3) bases revenue on the number and type of service hours 50.16 delivered and the cost per child of delivering those services. 50.17 Subd. 2. [TASK FORCE.] (a) The commissioner shall convene 50.18 a task force to study issues related to this plan with the 50.19 following membership: 50.20 (1) three members of the Minnesota house of 50.21 representatives, appointed by the speaker of the house, with two 50.22 from the majority party and one from the largest minority party; 50.23 (2) three members of the Minnesota senate, appointed by the 50.24 subcommittee on committees of the committee on rules and 50.25 administration, with two from the majority party and one from 50.26 the largest minority party; 50.27 (3) five members appointed by the commissioner; and 50.28 (4) five representatives of early childhood interests. 50.29 (b) Each appointing authority shall use all possible 50.30 efforts to create a geographical balance among the membership in 50.31 order to represent all regional interests of the state. The 50.32 task force shall study and make detailed recommendations 50.33 regarding: 50.34 (1) a local governance structure to oversee delivery of 50.35 services; 50.36 (2) establishing research-based care and educational 51.1 criteria for sites; 51.2 (3) methods of distributing funds to service providers and 51.3 parents; 51.4 (4) integrating early childhood health and development 51.5 screening; 51.6 (5) methods and types of data collection; 51.7 (6) identifying key components of an effective birth to age 51.8 five program; 51.9 (7) flexible service delivery options, including a 51.10 mechanism to allow for consumer feedback; 51.11 (8) methods of providing training, technical assistance, 51.12 and other support services for local governance structures to 51.13 assist in needs assessment, planning, implementing, and 51.14 monitoring early childhood services in the communities; 51.15 (9) designing a format for ongoing evaluation of early 51.16 childhood sites in relation to outcomes for children and 51.17 families; and 51.18 (10) establishing guidelines for community-based planning. 51.19 (c) The task force shall study the issues identified in 51.20 paragraph (b), and any other issue requested by the commissioner. 51.21 Subd. 3. [REPORT.] The task force shall issue a report on 51.22 the issues and recommendations under subdivision 2 by June 30, 51.23 2004, to the senate and house committees with jurisdiction over 51.24 early childhood education. 51.25 Subd. 4. [EXPIRATION.] This section expires when the task 51.26 force submits its final report to the legislature. 51.27 Sec. 47. [ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID; 51.28 FISCAL YEAR 2002.] 51.29 A district that complies with Minnesota Statutes, section 51.30 124D.13, shall receive additional early childhood family 51.31 education aid for fiscal year 2002 equal to $5.60 times the 51.32 greater of: 51.33 (1) 150; or 51.34 (2) the number of people under five years of age residing 51.35 in the school district on October 1 of the previous school 51.36 year. The additional early childhood family education aid may 52.1 be used only for early childhood family education programs. 52.2 Sec. 48. [APPROPRIATIONS.] 52.3 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 52.4 LEARNING.] The sums indicated in this section are appropriated 52.5 from the general fund to the department of children, families, 52.6 and learning for the fiscal years designated. 52.7 Subd. 2. [SCHOOL READINESS PROGRAM REVENUE.] For revenue 52.8 for school readiness programs according to Minnesota Statutes, 52.9 sections 124D.15 and 124D.16: 52.10 $12,195,000 ..... 2002 52.11 $12,395,000 ..... 2003 52.12 The 2002 appropriation includes $1,039,000 for 2001 and 52.13 $11,156,000 for 2002. 52.14 The 2003 appropriation includes $1,240,000 for 2002 and 52.15 $11,155,000 for 2003. 52.16 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 52.17 childhood family education aid according to Minnesota Statutes, 52.18 section 124D.135: 52.19 $22,558,000 ..... 2002 52.20 $22,663,000 ..... 2003 52.21 The 2002 appropriation includes $2,036,000 for 2001 and 52.22 $20,522,000 for 2002. 52.23 The 2003 appropriation includes $2,280,000 for 2002 and 52.24 $20,383,000 for 2003. 52.25 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 52.26 health and developmental screening aid according to Minnesota 52.27 Statutes, sections 121A.17 and 121A.19: 52.28 $2,661,000 ..... 2002 52.29 $5,368,000 ..... 2003 52.30 The 2002 appropriation includes $266,000 for 2001 and 52.31 $2,395,000 for 2002. 52.32 The 2003 appropriation includes $266,000 for 2002 and 52.33 $5,102,000 for 2003. 52.34 Subd. 5. [EARLY CHILDHOOD CARE AND EDUCATION SERVICES 52.35 DEMONSTRATION PROJECTS.] For demonstration projects under 52.36 section 45: 53.1 $575,000 ..... 2002 53.2 $1,225,000 ..... 2003 53.3 Each demonstration project must receive $150,000 each year 53.4 for planning purposes. 53.5 Any balance in the first year does not cancel but is 53.6 available in the second year. 53.7 Subd. 6. [HEAD START PROGRAM.] For Head Start programs 53.8 according to Minnesota Statutes, section 119A.52: 53.9 $20,743,000 ..... 2002 53.10 $21,117,000 ..... 2003 53.11 $2,000,000 each year may be used for full-year programming 53.12 for children birth to age three. Any balance in the first year 53.13 does not cancel but is available in the second year. 53.14 Subd. 7. [SCHOOL-AGE CHILD CARE.] For extended day aid 53.15 according to Minnesota Statutes, section 124D.22: 53.16 $221,000 ..... 2002 53.17 $133,000 ..... 2003 53.18 The 2002 appropriation includes $30,000 for 2001 and 53.19 $191,000 for 2002. 53.20 The 2003 appropriation includes $21,000 for 2002 and 53.21 $112,000 for 2003. 53.22 Subd. 8. [CONSOLIDATED CHILD CARE ASSISTANCE.] For child 53.23 care assistance according to Minnesota Statutes, sections 53.24 119B.011 to 119B.16: 53.25 $144,296,000 ..... 2002 53.26 $141,337,000 ..... 2003 53.27 These appropriations are available to be spent in either 53.28 year. 53.29 Subd. 9. [CHILD CARE INTEGRITY.] For the administrative 53.30 costs of program integrity and fraud prevention for child care 53.31 assistance under chapter 119B: 53.32 $25,000 ..... 2002 53.33 $25,000 ..... 2003 53.34 Any balance in the first year does not cancel but is 53.35 available in the second year. 53.36 Subd. 10. [CHILD CARE SERVICES GRANTS.] For child care 54.1 services grants according to Minnesota Statutes, section 119B.21: 54.2 $2,015,000 ..... 2002 54.3 $2,015,000 ..... 2003 54.4 Any balance in the first year does not cancel but is 54.5 available in the second year. 54.6 Subd. 11. [CHILD CARE IMPROVEMENT GRANTS.] For child care 54.7 improvement grants according to Minnesota Statutes, section 54.8 119B.25: 54.9 $500,000 ..... 2002 54.10 Subd. 12. [CHILD CARE MARKET RATE SURVEYS.] For child care 54.11 market rate surveys according to Minnesota Statutes, section 54.12 119B.13, subdivision 1: 54.13 $3,000 ..... 2002 54.14 Subd. 13. [TEACH GRANTS.] For TEACH grants according to 54.15 Minnesota Statutes, section 119B.221: 54.16 $1,000,000 ..... 2002 54.17 $1,000,000 ..... 2003 54.18 This amount must be matched with private funds on a 54.19 one-to-one basis. 54.20 Subd. 14. [AT-HOME INFANT CHILD CARE PROGRAM.] For the 54.21 at-home infant child care program under Minnesota Statutes, 54.22 section 119B.061: 54.23 $1,000,000 ..... 2002 54.24 $1,000,000 ..... 2003 54.25 Any amount remaining in fiscal years 2002 and 2003 that is 54.26 not needed for the at-home infant child care program must be 54.27 used for child care assistance under Minnesota Statutes, section 54.28 119B.03, subdivision 3a. If the commissioner determines that 54.29 the department will not be able to meet the child care and 54.30 development fund match and maintenance of effort requirements 54.31 without the funds appropriated in this subdivision, the 54.32 commissioner may move the necessary amount of funds from this 54.33 appropriation into the appropriation for the consolidated child 54.34 care program. 54.35 Sec. 49. [FEDERAL TANF TRANSFERS.] 54.36 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 55.1 LEARNING.] The sums indicated in this section are transferred 55.2 from the federal TANF fund to the child care and development 55.3 fund and appropriated to the department of children, families, 55.4 and learning for the fiscal years designated. The commissioner 55.5 shall ensure that all transferred funds are expended in 55.6 accordance with the child care and development fund regulations 55.7 and that the maximum allowable transferred funds are used for 55.8 the programs in this section. 55.9 Subd. 2. [CONSOLIDATED CHILD CARE ASSISTANCE.] For child 55.10 care assistance according to Minnesota Statutes, sections 55.11 119B.011 to 119B.16: 55.12 $21,229,000 ..... 2002 55.13 $16,737,000 ..... 2003 55.14 Sec. 50. [REVISOR INSTRUCTION.] 55.15 In the next and subsequent editions of Minnesota Statutes 55.16 and Minnesota Rules, the revisor shall renumber Minnesota 55.17 Statutes, section 119B.05, subdivisions 4 and 5, as Minnesota 55.18 Statutes, section 119B.03, subdivisions 11 and 12, and make 55.19 necessary cross-reference changes consistent with the 55.20 renumbering. 55.21 Sec. 51. [REPEALER.] 55.22 Minnesota Statutes 2000, sections 119B.011, subdivision 20; 55.23 119B.03, subdivisions 1, 2, 4, 5, 6, 6a, and 8; 119B.05, 55.24 subdivision 1; 119B.07; 119B.09, subdivision 3; and 119B.11, 55.25 subdivision 4, are repealed. 55.26 ARTICLE 2 55.27 PREVENTION 55.28 Section 1. Minnesota Statutes 2000, section 119A.12, is 55.29 amended by adding a subdivision to read: 55.30 Subd. 4. [AUTHORITY TO DISBURSE FUNDS.] The commissioner 55.31 may disburse trust fund money to any public or private nonprofit 55.32 agency to fund a child abuse prevention program. State funds 55.33 appropriated for child maltreatment prevention grants may be 55.34 transferred to the children's trust fund special revenue account 55.35 and are available to carry out this section. 55.36 Sec. 2. Minnesota Statutes 2000, section 119A.12, is 56.1 amended by adding a subdivision to read: 56.2 Subd. 5. [PLAN FOR DISBURSEMENT OF FUNDS.] The 56.3 commissioner shall develop a plan to disburse money from the 56.4 trust fund. The plan must ensure that all geographic areas of 56.5 the state have an equal opportunity to establish prevention 56.6 programs and receive trust fund money. 56.7 Sec. 3. Minnesota Statutes 2000, section 119A.12, is 56.8 amended by adding a subdivision to read: 56.9 Subd. 6. [OPERATIONAL COSTS.] $120,000 each year is 56.10 appropriated from the children's trust fund to the special 56.11 revenue fund for administration and indirect costs of the 56.12 children's trust fund program. 56.13 Sec. 4. Minnesota Statutes 2000, section 119A.13, 56.14 subdivision 4, is amended to read: 56.15 Subd. 4. [RESPONSIBILITIES OF COMMISSIONER.] (a) The 56.16 commissioner shall: 56.17 (1) provide for the coordination and exchange of 56.18 information on the establishment and maintenance of prevention 56.19 programs; 56.20 (2) develop and publish criteria for receiving trust fund 56.21 money by prevention programs; 56.22 (3) review, approve, and monitor the spending of trust fund 56.23 money by prevention programs; 56.24 (4) provide statewide educational and public informational 56.25 seminars to develop public awareness on preventing child abuse; 56.26 to encourage professional persons and groups to recognize 56.27 instances of child abuse and work to prevent them; to make 56.28 information on child abuse prevention available to the public 56.29 and to organizations and agencies; and to encourage the 56.30 development of prevention programs, including programs that 56.31 provide support for adolescent parents, fathering education 56.32 programs, and other prevention activities designed to prevent 56.33 teen pregnancy; 56.34 (5) establish a procedure for an annual, internal 56.35 evaluation of the functions, responsibilities, and performance 56.36 of the commissioner in carrying out Laws 1986, chapter 423; 57.1 (6) provide technical assistance to local councils and 57.2 agencies working in the area of child abuse prevention; and 57.3 (7) accept and review grant applications beginning June 1, 57.4 1987. 57.5 (b) The commissioner shall recommend to the governor 57.6 changes in state programs, statutes, policies, budgets, and 57.7 standards that will reduce the problems of child abuse, improve 57.8 coordination among state agencies that provide prevention 57.9 services, and improve the condition of children, parents, or 57.10 guardians in need of prevention program services. 57.11 Sec. 5. Minnesota Statutes 2000, section 119A.21, is 57.12 amended to read: 57.13 119A.21 [GRANTS TO SERVICE PROVIDER PROGRAMS.] 57.14 Subdivision 1. [GRANTS AWARDED.] The commissioner shall 57.15 award grants to programswhichthat provideabused children57.16 services to abused or neglected children. Grants shall be 57.17 awarded in a manner that ensures that they are equitably 57.18 distributed to programs serving metropolitan and nonmetropolitan 57.19 populations. 57.20 Subd. 2. [APPLICATIONS.] Any public or private nonprofit 57.21 agency may apply to the commissioner for a grantto provide57.22abused children services. The application shall be submittedin57.23 on a formapprovedprescribed by the commissionerafter57.24consultation with the abused children advisory council and shall57.25include:. 57.26(1) a proposal for the provision of abused children57.27services to, or on behalf of, abused children, children at risk,57.28and their families;57.29(2) a proposed budget;57.30(3) evidence of ability to represent the interests of57.31abused children and their families to local law enforcement57.32agencies and courts, social services, and health agencies;57.33(4) evidence of ability to do outreach to unserved and57.34underserved populations and to provide culturally and57.35linguistically appropriate services; and57.36(5) any other information the commissioner may require by58.1policy or by rule adopted under chapter 14, after considering58.2the recommendations of the abused children advisory council.58.3Programs which have been approved for grants in prior years58.4may submit materials which indicate changes in items listed in58.5clauses (1) to (5), in order to qualify for renewal funding.58.6Nothing in this subdivision may be construed to require programs58.7to submit complete applications for each year of funding.58.8 Subd. 3. [DUTIES.] Every public or private nonprofit 58.9 agency which receives a grant under this sectionto provide58.10abused children servicesshall comply with all requirements of 58.11 the commissioner related to the administration of the grants. 58.12 Subd. 4. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 58.13 Personal history information and other information collected, 58.14 used, or maintained by a grantee from which the identity of any 58.15 abused child or family members may be determined is private data 58.16 on individuals as defined in section 13.02, subdivision 12, and 58.17 the grantee shall maintain the data in accordance with 58.18 provisions of chapter 13. 58.19 Sec. 6. Minnesota Statutes 2000, section 119A.22, is 58.20 amended to read: 58.21 119A.22 [DUTIES OF THE COMMISSIONER.] 58.22 The commissioner shall: 58.23 (1) review applications and award grants to programs 58.24 pursuant to section 119A.21after considering the recommendation58.25of the abused children advisory council; 58.26 (2)appoint members of the abused children advisory council58.27created under section 119A.23 and provide consultative staff and58.28other administrative services to the council;58.29(3) after considering the recommendation of the abused58.30children advisory council, appoint a program director to perform58.31the duties set forth in this clause. In appointing the program58.32director the commissioner shall give due consideration to the58.33list of applicants submitted to the commissioner pursuant to58.34this section. The program director shall administer the funds58.35appropriated for sections 119A.20 to 119A.23, consult with and58.36provide staff to the advisory council and perform other duties59.1related to abused children's programs as the commissioner may59.2assign;59.3(4)design a uniform method of collecting dataon abused59.4children's programsto be used to monitor and assure compliance 59.5 of the programs funded under section 119A.21; 59.6(5)(3) provide technicalaidassistance to applicants in 59.7 the development of grant requests and toprogramsgrantees in 59.8 meeting the data collection requirements established by the 59.9 commissioner; and 59.10(6)(4) adopt, under chapter 14, all rules necessary to 59.11 implement the provisions of sections 119A.20 to 119A.23. 59.12 Sec. 7. [119A.35] [ADVISORY COUNCIL.] 59.13 Subdivision 1. [GENERALLY.] The advisory council is 59.14 established under section 15.059 to advise the commissioner on 59.15 the implementation and continued operations of sections 119A.10 59.16 to 119A.16 and 119A.20 to 119A.22. The council shall expire 59.17 June 30, 2005. 59.18 Subd. 2. [COUNCIL MEMBERSHIP.] The council shall consist 59.19 of a total of 22 members. The governor shall appoint 18 of 59.20 these members. The commissioners of human services and health 59.21 shall each appoint one member. The senate shall appoint one 59.22 member from the senate committee with jurisdiction over family 59.23 and early childhood education and the house of representatives 59.24 shall appoint one member from the house committee with 59.25 jurisdiction over family and early childhood education. 59.26 Council members shall have knowledge in the areas of child 59.27 abuse and neglect prevention, and knowledge of the risk factors 59.28 that can lead to child abuse and neglect. Council members shall 59.29 be representative of local government, criminal justice, 59.30 parents, consumers of services, health and human services 59.31 professionals, faith communities, professional and volunteer 59.32 providers of child abuse and neglect prevention services, racial 59.33 and ethnic minority communities, and the demographic and 59.34 geographic composition of the state. Ten council members shall 59.35 reside in the seven-county metropolitan area and eight shall 59.36 reside in nonmetropolitan areas. 60.1 Subd. 3. [RESPONSIBILITIES.] The council shall: 60.2 (1) advise the commissioner on planning, policy 60.3 development, data collection, rulemaking, funding, and 60.4 evaluation of the programs under the sections listed in 60.5 subdivision 1; 60.6 (2) coordinate and exchange information on the 60.7 establishment and ongoing operation of the programs listed in 60.8 subdivision 1; 60.9 (3) develop and publish criteria and guidelines for 60.10 receiving grants relating to child abuse and neglect prevention 60.11 and safety and support of child victims, including, but not 60.12 limited to, funds dedicated to the children's trust fund and 60.13 abused children program; 60.14 (4) provide guidance in the development of statewide 60.15 education and public information activities that increase public 60.16 awareness in the prevention and intervention of child abuse and 60.17 neglect and encourage the development of prevention and 60.18 intervention programs, which includes the safety of child 60.19 victims; 60.20 (5) guide, analyze, and disseminate results in the 60.21 development of appropriate evaluation procedures for all 60.22 programs receiving funds under subdivision 1; and 60.23 (6) assist the commissioner in identifying service gaps or 60.24 duplication in services, including geographic dispersion of 60.25 resources, programs reflecting the cycle of child abuse, and the 60.26 availability of culturally appropriate intervention and 60.27 prevention services. 60.28 Sec. 8. Minnesota Statutes 2000, section 124D.221, 60.29 subdivision 1, is amended to read: 60.30 Subdivision 1. [ESTABLISHMENT.] A competitive statewide 60.31 after-school enrichment grant program is established to provide 60.32 implementation grants to community or nonprofit organizations, 60.33 to political subdivisions, or to school-based programs. A 60.34 community or nonprofit organization must be a charitable 60.35 organization under section 501(c)(3) of the Internal Revenue 60.36 Code of 1986 and registered with the attorney general's office. 61.1 The commissioner shall develop criteria for after-school 61.2 enrichment programs. 61.3 Sec. 9. Minnesota Statutes 2000, section 124D.221, 61.4 subdivision 2, is amended to read: 61.5 Subd. 2. [PRIORITYNEIGHBORHOODS.] (a) The commissioner 61.6 must give priority to applicants who: 61.7 (1) demonstrate a match of $1 of nonstate funding for each 61.8 $1 of the grant amount awarded for the implementation of an 61.9 after-school enrichment program. For the purposes of this 61.10 clause, the nonstate match may include the fair market value of 61.11 an in-kind contribution of facility space; and 61.12 (2) establish an accountability system that sets measurable 61.13 goals and outcomes that support academic achievement, school 61.14 attendance, a reduction in suspensions, and assesses 61.15 participants' progress on these measures annually. 61.16 (b) For grants in Minneapolis and St. Paul, the 61.17 commissioner must give first priority to neighborhoods in this 61.18subdivisionparagraph and second priority according to paragraph 61.19 (a), clause (1). In Minneapolis, priority neighborhoods are 61.20 Near North, Hawthorne, Sumner-Glenwood, Harrison, Jordan, 61.21 Powderhorn, Central, Whittier, Cleveland, McKinley, Waite Park, 61.22 Sheridan, Holland, Lyndale, Folwell, and Phillips. In St. Paul, 61.23 priority neighborhoods are Summit-University, Thomas-Dale, North 61.24 End, Payne-Phalen, Daytons Bluff, and the West Side. 61.25 Sec. 10. [APPROPRIATIONS.] 61.26 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 61.27 LEARNING.] The sums indicated in this section are appropriated 61.28 from the general fund, unless otherwise indicated, to the 61.29 department of children, families, and learning for the fiscal 61.30 years designated. 61.31 Subd. 2. [FAMILY SERVICES COLLABORATIVES.] For family 61.32 services collaboratives according to Laws 1995, First Special 61.33 Session chapter 3, article 4, section 29, subdivision 10: 61.34 $1,477,000 ..... 2002 61.35 $863,000 ..... 2003 61.36 No new family services collaboratives shall be funded with 62.1 this appropriation after June 30, 1999. 62.2 Any balance in the first year does not cancel but is 62.3 available in the second year. 62.4 Subd. 3. [COMMUNITY EDUCATION AID.] For community 62.5 education aid according to Minnesota Statutes, section 124D.20: 62.6 $14,209,000 ..... 2002 62.7 $13,111,000 ..... 2003 62.8 The 2002 appropriation includes $1,528,000 for 2001 and 62.9 $12,681,000 for 2002. 62.10 The 2003 appropriation includes $1,409,000 for 2002 and 62.11 $11,702,000 for 2003. 62.12 Any balance in the first year does not cancel but is 62.13 available in the second year. 62.14 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 62.15 adults with disabilities programs according to Minnesota 62.16 Statutes, section 124D.56: 62.17 $710,000 ..... 2002 62.18 $710,000 ..... 2003 62.19 Any balance in the first year does not cancel but is 62.20 available in the second year. 62.21 Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for 62.22 hearing-impaired adults according to Minnesota Statutes, section 62.23 124D.57: 62.24 $70,000 ..... 2002 62.25 $70,000 ..... 2003 62.26 Any balance in the first year does not cancel but is 62.27 available in the second year. 62.28 Subd. 6. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 62.29 violence prevention education grants according to Minnesota 62.30 Statutes, section 120B.23: 62.31 $1,450,000 ..... 2002 62.32 $1,450,000 ..... 2003 62.33 Any balance in the first year does not cancel but is 62.34 available in the second year. 62.35 Subd. 7. [ABUSED CHILDREN.] For abused children programs 62.36 according to Minnesota Statutes, section 119A.21: 63.1 $945,000 ..... 2002 63.2 $945,000 ..... 2003 63.3 Any balance in the first year does not cancel but is 63.4 available in the second year. 63.5 Subd. 8. [CHILDREN'S TRUST FUND.] For children's trust 63.6 fund according to Minnesota Statutes, sections 119A.12 and 63.7 119A.13: 63.8 $875,000 ..... 2002 63.9 $875,000 ..... 2003 63.10 Of this amount, $400,000 each year is for the adolescent 63.11 parenting program according to Minnesota Statutes, section 63.12 124D.331; and $250,000 each year is for male responsibility 63.13 grants according to Minnesota Statutes, section 124D.33. 63.14 Any balance in the first year does not cancel but is 63.15 available in the second year. 63.16 Subd. 9. [FAMILY VISITATION CENTERS.] (a) For family 63.17 visitation centers according to Minnesota Statutes, section 63.18 119A.37: 63.19 $200,000 ..... 2002 63.20 $200,000 ..... 2003 63.21 Any balance in the first year does not cancel but is 63.22 available in the second year. 63.23 (b) An additional $96,000 in fiscal year 2002 and $96,000 63.24 in fiscal year 2003 are appropriated from the special revenue 63.25 fund under Minnesota Statutes, section 517.08, subdivision 1c, 63.26 for family visitation centers. Any balance in the first year 63.27 does not cancel but is available in the second year. 63.28 Subd. 10. [AFTER SCHOOL ENRICHMENT GRANTS.] For after 63.29 school enrichment grants according to Minnesota Statutes, 63.30 section 124D.221: 63.31 $5,510,000 ..... 2002 63.32 $5,510,000 ..... 2003 63.33 Any balance in the first year does not cancel but is 63.34 available in the second year. 63.35 Subd. 11. [CHEMICAL ABUSE PREVENTION GRANTS.] (a) For 63.36 grants with funds received under Minnesota Statutes, section 64.1 171.29, subdivision 2, paragraph (b), clause (4): 64.2 $200,000 ..... 2002 64.3 $200,000 ..... 2003 64.4 (b) These appropriations are from the alcohol-impaired 64.5 driver account of the special revenue fund for chemical abuse 64.6 prevention grants. 64.7 Sec. 11. [REVISOR INSTRUCTION.] 64.8 In the next and subsequent editions of Minnesota Statutes 64.9 and Minnesota Rules, the revisor shall renumber Minnesota 64.10 Statutes, section 119A.13, subdivision 4, as Minnesota Statutes, 64.11 section 119A.12, subdivision 4, and make necessary 64.12 cross-reference changes consistent with the renumbering. 64.13 Sec. 12. [REPEALER.] 64.14 Minnesota Statutes 2000, sections 119A.13, subdivisions 1, 64.15 2, and 3; 119A.14, subdivision 2; 119A.23; 124D.33; and 64.16 124D.331, are repealed. 64.17 ARTICLE 3 64.18 SELF-SUFFICIENCY AND LIFELONG LEARNING 64.19 Section 1. Minnesota Statutes 2000, section 124D.52, 64.20 subdivision 2, is amended to read: 64.21 Subd. 2. [PROGRAM APPROVAL.] (a) To receive aid under this 64.22 section, a district, a consortium of districts, the department 64.23 of corrections, or a private nonprofit organization must submit 64.24 an application by June 1 describing the program, on a form 64.25 provided by the department. The program must be approved by the 64.26 commissioner according to the following criteria: 64.27 (1) how the needs of different levels of learning will be 64.28 met; 64.29 (2) for continuing programs, an evaluation of results; 64.30 (3) anticipated number and education level of participants; 64.31 (4) coordination with other resources and services; 64.32 (5) participation in a consortium, if any, and money 64.33 available from other participants; 64.34 (6) management and program design; 64.35 (7) volunteer training and use of volunteers; 64.36 (8) staff development services; 65.1 (9) program sites and schedules; 65.2 (10) program expenditures that qualify for aid; 65.3 (11) program ability to provide data related to learner 65.4 outcomes as required by law; and 65.5 (12) a copy of the memorandum of understanding described in 65.6 subdivision 1 submitted to the commissioner. 65.7 (b) Adult basic education programs may be approved under 65.8 this subdivision for up to five years. Five-year program 65.9 approval must be granted to an applicant who has demonstrated 65.10 the capacity to: 65.11 (1) offer comprehensive learning opportunities and support 65.12 service choices appropriate for and accessible to adults at all 65.13 basic skill need levels; 65.14 (2) provide a participatory and experiential learning 65.15 approach based on the strengths, interests, and needs of each 65.16 adult, that enables adults with basic skill needs to: 65.17 (i) identify, plan for, and evaluate their own progress 65.18 toward achieving their defined educational and occupational 65.19 goals; 65.20 (ii) master the basic academic reading, writing, and 65.21 computational skills, as well as the problem-solving, decision 65.22 making, interpersonal effectiveness, and other life and learning 65.23 skills they need to function effectively in a changing society; 65.24 (iii) locate and be able to use the health, governmental, 65.25 and social services and resources they need to improve their own 65.26 and their families' lives; and 65.27 (iv) continue their education, if they desire, to at least 65.28 the level of secondary school completion, with the ability to 65.29 secure and benefit from continuing education that will enable 65.30 them to become more employable, productive, and responsible 65.31 citizens; 65.32 (3) plan, coordinate, and develop cooperative agreements 65.33 with community resources to address the needs that the adults 65.34 have for support services, such as transportation, flexible 65.35 course scheduling, convenient class locations, and child care; 65.36 (4) collaborate with business, industry, labor unions, and 66.1 employment-training agencies, as well as with family and 66.2 occupational education providers, to arrange for resources and 66.3 services through which adults can attain economic 66.4 self-sufficiency; 66.5 (5) provide sensitive and well trained adult education 66.6 personnel who participate in local, regional, and statewide 66.7 adult basic education staff development events to master 66.8 effective adult learning and teaching techniques; 66.9 (6) participate in regional adult basic education peer 66.10 program reviews and evaluations; 66.11 (7) submit accurate and timely performance and fiscal 66.12 reports; 66.13 (8) submit accurate and timely reports related to program 66.14 outcomes and learner follow-up information; and 66.15 (9) spend adult basic education aid on adult basic 66.16 education purposes only, which are specified in sections 66.17 124D.518 to 124D.531. 66.18 (c) The commissioner shall require each district to provide 66.19 notification by February 1, 2001, of its intent to apply for 66.20 funds under this section as a single district or as part of an 66.21 identified consortium of districts. A district receiving funds 66.22 under this section must notify the commissioner by February 1 of 66.23 its intent to change its application status for applications due 66.24 the following June 1. 66.25 Sec. 2. Minnesota Statutes 2000, section 124D.522, is 66.26 amended to read: 66.27 124D.522 [ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE 66.28 GRANTS.] 66.29 (a) The commissioner, in consultation with the policy 66.30 review task force under section 124D.521, may make grants to 66.31 nonprofit organizations to provide services that are not offered 66.32 by a district adult basic education program or that are 66.33 supplemental to either the statewide adult basic education 66.34 program, or a district's adult basic education program. The 66.35 commissioner may make grants for: staff development for adult 66.36 basic education teachers and administrators; training for 67.1 volunteer tutors; training, services, and materials for serving 67.2 disabled students through adult basic education programs; 67.3 statewide promotion of adult basic education services and 67.4 programs; development and dissemination of instructional and 67.5 administrative technology for adult basic education programs; 67.6 programs which primarily serve communities of color; adult basic 67.7 education distance learning projects, including television 67.8 instruction programs; and other supplemental services to support 67.9 the mission of adult basic education and innovative delivery of 67.10 adult basic education services. 67.11 (b) The commissioner must establish eligibility criteria 67.12 and grant application procedures. Grants under this section 67.13 must support services throughout the state, focus on educational 67.14 results for adult learners, and promote outcome-based 67.15 achievement through adult basic education programs. Beginning 67.16 in fiscal year 2002, the commissioner may make grants under this 67.17 section fromfunds specifically appropriatedthe state total 67.18 adult basic education aid set aside for supplemental service 67.19 grants under section 124D.531. Up toone-thirdone-fourth of 67.20 the appropriation for supplemental service grants must be used 67.21 for grants for adult basic education programs to encourage and 67.22 support innovations in adult basic education instruction and 67.23 service delivery. A grant to a single organization cannot 67.24 exceed $100,000. Nothing in this section prevents an approved 67.25 adult basic education program from using state or federal aid to 67.26 purchase supplemental services. 67.27[EFFECTIVE DATE.] This section is effective July 1, 2001. 67.28 Sec. 3. Minnesota Statutes 2000, section 124D.531, 67.29 subdivision 1, is amended to read: 67.30 Subdivision 1. [STATE TOTAL ADULT BASIC EDUCATION AID.] 67.31 (a) The state total adult basic education aid for fiscal year 67.32 2001 equals $30,157,000. The state total adult basic education 67.33 aid for later years equals: 67.34 (1) the state total adult basic education aid for the 67.35 preceding fiscal year; times 67.36 (2) the lesser of: 68.1 (i) 1.08, or 68.2 (ii) the greater of 1.00 or the ratio of the state total 68.3 contact hours in the first prior program year to the state total 68.4 contact hours in the second prior program year. Beginning in 68.5 fiscal year 2002, two percent of the state total adult basic 68.6 education aid must be set aside for adult basic education 68.7 supplemental service grants under section 124D.522. 68.8 (b) The state total adult basic education aid, excluding 68.9 basic population aid, equals the difference between the amount 68.10 computed in paragraph (a), and the state total basic population 68.11 aid under subdivision 2. 68.12[EFFECTIVE DATE.] This section is effective July 1, 2001. 68.13 Sec. 4. Minnesota Statutes 2000, section 124D.531, 68.14 subdivision 3, is amended to read: 68.15 Subd. 3. [PROGRAM REVENUE.] Adult basic education programs 68.16 established under section 124D.52 and approved by the 68.17 commissioner are eligible for revenue under this subdivision. 68.18 For fiscal year 2001 and later, adult basic education revenue 68.19 for each approved program equals the sum of: 68.20 (1) the basic population aid under subdivision 2 for 68.21 districts participating in the program during the current 68.22 program year; plus 68.23 (2) 84 percent times the amount computed in subdivision 1, 68.24 paragraph (b), times the ratio of the contact hours for students 68.25 participating in the program during the first prior program year 68.26 to the state total contact hours during the first prior program 68.27 year; plus 68.28 (3) eight percent times the amount computed in subdivision 68.29 1, paragraph (b), times the ratio of the enrollment of students 68.30 with limited English proficiency during the second prior school 68.31 year in districts participating in the program during the 68.32 current program year to the state total enrollment of students 68.33 with limited English proficiency during the second prior school 68.34 year in districts participating in adult basic education 68.35 programs during the current program year; plus 68.36 (4) eight percent times the amount computed in subdivision 69.1 1, paragraph (b), times the ratio of the latest federal census 69.2 count of the number of adults aged 20 or older with no diploma 69.3 residing in the districts participating in the program during 69.4 the current program year to the latest federal census count of 69.5 the state total number of adults aged 20 or older with no 69.6 diploma residing in the districts participating in adult basic 69.7 education programs during the current program year. 69.8 Sec. 5. [APPROPRIATIONS.] 69.9 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 69.10 LEARNING.] The sums indicated in this section are appropriated 69.11 from the general fund to the department of children, families, 69.12 and learning for the fiscal years designated. 69.13 Subd. 2. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 69.14 Minnesota economic opportunity grants: 69.15 $8,514,000 ..... 2002 69.16 $8,514,000 ..... 2003 69.17 Any balance in the first year does not cancel but is 69.18 available in the second year. 69.19 Subd. 3. [ADULT BASIC EDUCATION AID.] For adult basic 69.20 education aid according to Minnesota Statutes, section 124D.52 69.21 in fiscal year 2002 and Minnesota Statutes, section 124D.531 in 69.22 fiscal year 2003: 69.23 $32,150,000 ..... 2002 69.24 $34,731,000 ..... 2003 69.25 The 2002 appropriation includes $3,019,000 for 2001 and 69.26 $29,131,000 for 2002. 69.27 The 2003 appropriation includes $3,237,000 for 2002 and 69.28 $31,494,000 for 2003. 69.29 Subd. 4. [ADULT GRADUATION AID.] For adult graduation aid 69.30 according to Minnesota Statutes, section 124D.54: 69.31 $3,195,000 ..... 2002 69.32 $3,356,000 ..... 2003 69.33 The 2002 appropriation includes $305,000 for 2001 and 69.34 $2,890,000 for 2002. 69.35 The 2003 appropriation includes $321,000 for 2002 and 69.36 $3,035,000 for 2003. 70.1 Subd. 5. [GED TESTS.] For payment of 60 percent of the 70.2 costs of GED tests according to Laws 1993, chapter 224, article 70.3 4, section 44, subdivision 10: 70.4 $125,000 ..... 2002 70.5 $125,000 ..... 2003 70.6 Any balance in the first year does not cancel but is 70.7 available in the second year. 70.8 Subd. 6. [FOOD BANK PROGRAM.] For foodshelf programs 70.9 according to Minnesota Statutes, section 119A.44: 70.10 $1,278,000 ..... 2002 70.11 $1,278,000 ..... 2003 70.12 Any balance in the first year does not cancel but is 70.13 available in the second year. 70.14 Subd. 7. [FAMILY ASSETS FOR INDEPENDENCE.] For family 70.15 assets for independence: 70.16 $500,000 ..... 2002 70.17 Any balance in the first year does not cancel but is 70.18 available in the second year. 70.19 Subd. 8. [LEAD ABATEMENT.] For lead abatement according to 70.20 Minnesota Statutes, section 119A.46: 70.21 $500,000 ..... 2002 70.22 $500,000 ..... 2003 70.23 Subd. 9. [ADULT BASIC EDUCATION ADMINISTRATION.] For adult 70.24 basic education administration: 70.25 $175,000 ..... 2002 70.26 $175,000 ..... 2003 70.27 Sec. 6. [TANF APPROPRIATIONS.] 70.28 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 70.29 LEARNING.] The sums indicated in this section are appropriated 70.30 to the commissioner of children, families, and learning from the 70.31 federal Temporary Assistance for Needy Families (TANF) block 70.32 grant for the fiscal years designated. These amounts are 70.33 available for expenditure until June 30, 2003. Appropriations 70.34 under this section are one-time appropriations and are not added 70.35 to the base for fiscal years 2004 and 2005. 70.36 Subd. 2. [INTENSIVE ESL.] For intensive English as a 71.1 second language (ESL) for eligible MFIP participants under Laws 71.2 2000, chapter 489, article 1, section 39: 71.3 $1,100,000 ..... 2002 71.4 $1,100,000 ..... 2003