HF 2088

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:58am

A bill for an act
relating to early childhood education and child care; making changes to early
childhood education; youth prevention; self-sufficiency and lifelong learning;
child care assistance; appropriating money; amending Minnesota Statutes
2008, sections 119A.52; 119B.09, subdivision 7; 119B.13, subdivisions 1,
3a, 6; 119B.21, subdivisions 5, 10; 119B.231, subdivisions 2, 3, 4; 124D.13,
subdivision 13; 124D.135, subdivision 3; 124D.15, subdivisions 1, 3; 124D.19,
subdivisions 10, 14; 124D.522; proposing coding for new law in Minnesota
Statutes, chapters 4; 124D.

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

ARTICLE 1

EARLY CHILDHOOD EDUCATION

Section 1.

new text begin [4.046] OFFICE OF EARLY LEARNING.
new text end

new text begin (a) An Office of Early Learning is established to oversee and coordinate a
high-quality early childhood system in Minnesota to make such programs more effective
and to improve the educational outcomes of children. The governor must appoint, subject
to the advice and consent of the senate, a director who is a recognized expert in the field
of early childhood care and education who will oversee prekindergarten and child care
programs under the administration of the Departments of Education and Human Services.
new text end

new text begin (b) The director of the Office of Early Learning must report to the commissioners
of education and human services and must coordinate Departments of Education and
Human Services staff efforts to:
new text end

new text begin (1) oversee resources and public funding streams for early childhood education
and child care and ensure the accountability and coordinated development of all early
childhood education and child care services to children from birth to age five;
new text end

new text begin (2) work with the Departments of Education and Human Services and the Minnesota
Early Learning Foundation (MELF) to create common standards for quality early
childhood programming;
new text end

new text begin (3) create a seamless transition from early childhood programs to kindergarten that
aligns with kindergarten through grade 3 standards;
new text end

new text begin (4) develop and oversee an effective data collection system to support the necessary
functions of a coordinated system of early childhood education and child care;
new text end

new text begin (5) plan and implement a voluntary quality rating and improvement system to ensure
that Minnesota's children have access to high-quality early learning and care programs
in a range of settings that meet the needs of children and their families and reflects the
diversity of the family values and cultural heritage represented in the community;
new text end

new text begin (6) prior to the creation of a voluntary quality rating and improvement system,
employ the Minnesota quality rating system rating tool in use in fiscal year 2008; and
new text end

new text begin (7) create an inventory of early childhood services that:
new text end

new text begin (i) identifies state programs and initiatives funded by state, federal, and private
dollars;
new text end

new text begin (ii) provides brief descriptions of programs under which services are received;
new text end

new text begin (iii) provides budget allocations toward the outcome areas; and
new text end

new text begin (iv) includes subsections describing specific:
new text end

new text begin (A) geographic regions served by the program;
new text end

new text begin (B) number of children eligible;
new text end

new text begin (C) number of children enrolled; and
new text end

new text begin (D) age, ethnicity and race, and income demographics of children enrolled.
new text end

new text begin The inventory shall be used to guide legislative proposals and best practices
addressing the development, care, and education of children from birth to the child's fifth
birthday. The inventory should be updated every biennium.
new text end

new text begin (c) The director of the Office of Early Learning must coordinate activities with the
State Advisory Council on Early Childhood Education and Care under section 124D.141.
new text end

new text begin (d) The director of the Office of Early Learning must report to the legislative
committees with jurisdiction over the early childhood education and child care programs
by February 1 of each year on the status of the work required under paragraph (b) and
any statutory changes necessary to improve quality and increase access. The director
also must present to these same legislative committees by February 1, 2010, a detailed
plan, with an implementation timeline, to colocate state early childhood education and
child care assistance programs and services.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2008, section 119A.52, is amended to read:

119A.52 DISTRIBUTION OF APPROPRIATION.

(a) The commissioner of education must distribute money appropriated for that
purpose to federally designated Head Start programs to expand services and to serve
additional low-income children. Migrant and Indian reservation programs must be initially
allocated money based on the programs' share of federal funds. The remaining money
must be initially allocated to the remaining local agencies based equally on the agencies'
share of federal funds and on the proportion of eligible children in the agencies' service
area who are not currently being served. A Head Start program must be funded at a per
child rate equal to its contracted, federally funded base level at the start of the fiscal
year. new text begin For all agencies without a federal Early Head Start rate, the state average federal
cost per child for Early Head Start applies. new text end In allocating funds under this paragraph, the
commissioner of education must assure that each Head Start program in existence in
1993 is allocated no less funding in any fiscal year than was allocated to that program in
fiscal year 1993. Before paying money to the programs, the commissioner must notify
each program of its initial allocation deleted text begin , deleted text end new text begin and new text end how the money must be used deleted text begin , and the number of
low-income children to be served with the allocation based upon the federally funded per
child rate deleted text end . Each program must present a plan under section 119A.535. For any program
that cannot utilize its full allocation at the beginning of the fiscal year, the commissioner
must reduce the allocation proportionately. Money available after the initial allocations
are reduced must be redistributed to eligible programs.

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

new text begin (c) Programs with approved innovative initiatives that target services to high-risk
populations, including homeless families and families living in homeless shelters and
transitional housing, are exempt from the procedures in paragraph (b). This exemption
does not apply to entire programs. The exemption applies only to approved innovative
initiatives that target services to high-risk populations, including homeless families and
families living in homeless shelters, transitional housing, and permanent supportive
housing.
new text end

Sec. 3.

Minnesota Statutes 2008, section 124D.13, subdivision 13, is amended to read:

Subd. 13.

deleted text begin Plan and deleted text end Program data submission requirements.

deleted text begin (a) An early
childhood family education program must submit a biennial plan addressing the
requirements of subdivision 2 for approval by the commissioner. The plan must also
describe how the program provides parenting education and ensures participation of
families representative of the school district. A school district must submit the plan for
approval by the commissioner in the form and manner prescribed by the commissioner.
One-half of districts, as determined by the commissioner, must first submit a biennial plan
by April 1, 2009, and the remaining districts must first submit a plan by April 1, 2010.
deleted text end

deleted text begin (b) deleted text end Districts receiving early childhood family education revenue under section
124D.135 must submit annual program data to the department by July 15 in the form and
manner prescribed by the commissioner.

deleted text begin (c) Beginning with levies for fiscal year 2011, a school district must submit its annual
program data to the department before it may certify a levy under section 124D.135.
Districts selected by the commissioner to submit a biennial plan by April 1, 2009, must
also have an approved plan on file with the commissioner before certifying a levy under
section 124D.135 for fiscal year 2011. Beginning with levies for fiscal year 2012, all
districts must submit annual program data and have an approved biennial plan on file with
the commissioner before certifying a levy under section 124D.135.
deleted text end

Sec. 4.

Minnesota Statutes 2008, section 124D.135, subdivision 3, is amended to read:

Subd. 3.

Early childhood family education levy.

(a) By September 30 of each
year, the commissioner shall establish a tax rate for early childhood family education
revenue that raises $22,135,000 in each fiscal year. If the amount of the early childhood
family education levy would exceed the early childhood family education revenue, the
early childhood family education levy must equal the early childhood family education
revenue. deleted text begin Beginning with levies for fiscal year 2011, deleted text end A district may not certify an early
childhood family education levy unless it has met the annual program data reporting deleted text begin and
deleted text end deleted text begin biennial plan deleted text end requirements under section 124D.13, subdivision 13.

(b) Notwithstanding paragraph (a), for fiscal year 2009 only, the commissioner shall
establish a tax rate for early education revenue that raises $13,565,000.

Sec. 5.

new text begin [124D.142] QUALITY RATING AND IMPROVEMENT SYSTEM.
new text end

new text begin (a) There is established a voluntary quality rating and improvement system to ensure
that Minnesota's children have access to high-quality early learning and care programs in a
range of settings so that children are fully ready for kindergarten by 2020. Creation of a
standards-based voluntary quality rating and improvement system includes:
new text end

new text begin (1) establishing an early care and education framework that improves quality
opportunities in order to improve the educational outcomes of children so that children are
ready for school. The framework shall be based on the Minnesota quality rating system
rating tool and a common set of child outcome standards and informed by evaluation
results;
new text end

new text begin (2) using the framework as a tool to increase the number of publicly funded and
regulated early learning and care services in both public and private market programs that
are high quality. If a program or provider chooses to participate, the program or provider
will be rated and may receive public supports associated with the rating. The state shall
develop a plan to link future early learning and care state funding to the framework in a
manner that complies with federal requirements; and
new text end

new text begin (3) using the framework to track progress toward statewide access to high-quality
early learning and care programs, progress toward the number of low-income children
whose parents can access quality programs, and progress toward increasing the number
of children who are fully prepared to enter kindergarten.
new text end

new text begin (b) Prior to the creation of a voluntary statewide quality rating and improvement
system in paragraph (a), the state shall employ the Minnesota quality rating system rating
tool in use in fiscal year 2008 with its modification as a result of the evaluation results
of the pilot project.
new text end

new text begin (c) The Departments of Education and Human Services must report to the
legislative committees with jurisdiction over the early childhood education and child care
programs by January 15, 2010, with how they will realign their existing state and federal
administrative resources to implement the voluntary quality rating and improvement
system. Any remaining design work required of the Departments of Education and
Human Services should be completed within existing department resources currently
allocated for early care and education activities. Additional implementation resources will
be determined after both departments present early care and education administrative
realignment plans to the legislature.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 6.

new text begin [124D.145] EARLY LEARNING SYSTEM.
new text end

new text begin The early learning system is defined to be the coherent structure of
research-based curriculum content, instructional practice, program and child assessment,
performance-based child and programmatic standards, professional development,
engagement and outreach, accountability, financing, and governance efforts that contribute
to all aspects of children's development and to prepare children for kindergarten. This
includes children's readiness for success in meeting Minnesota's kindergarten academic
standards under section 120B.021. The system is delivered through a variety of public and
private child care, preschool, Head Start, and school-based programs and services.
new text end

Sec. 7.

Minnesota Statutes 2008, section 124D.15, subdivision 1, is amended to read:

Subdivision 1.

Establishment; purpose.

A district or a group of districts may
establish a school readiness program for children age three to kindergarten entrance.
The purpose of a school readiness program is to prepare children to enter kindergarten new text begin ,
especially children most at risk for being unprepared for kindergarten new text end .

Sec. 8.

Minnesota Statutes 2008, section 124D.15, subdivision 3, is amended to read:

Subd. 3.

Program requirements.

A school readiness program provider must:

(1) assess each child's cognitive skills new text begin with a comprehensive child assessment
instrument new text end when the child enters and again before the child leaves the program to inform
program planning new text begin and parents new text end and promote kindergarten readiness;

(2) provide comprehensive program content new text begin and intentional instructional practice
aligned with the state early childhood learning guidelines and kindergarten standards and
new text end based on early childhood research and professional practice that is focused on children's
cognitive new text begin , social, emotional, and physical new text end skills and development and prepares children
for the transition to kindergarten, including early literacy skills;

new text begin (3) coordinate appropriate kindergarten transition with parents and kindergarten
teachers;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end arrange for early childhood screening and appropriate referral;

deleted text begin (4) deleted text end new text begin (5) new text end involve parents in program planning and decision making;

deleted text begin (5) deleted text end new text begin (6) new text end coordinate with relevant community-based services; deleted text begin and
deleted text end

deleted text begin (6) deleted text end new text begin (7) new text end cooperate with adult basic education programs and other adult literacy
programs deleted text begin . deleted text end new text begin ;
new text end

new text begin (8) ensure staff-child ratios of one-to-ten and maximum group size of 20 children
with the first staff required to be a teacher; and
new text end

new text begin (9) have teachers knowledgeable in early childhood curriculum content, assessment,
and instruction.
new text end

Sec. 9. new text begin TRANSFER OF DUTIES.
new text end

new text begin Responsibilities of the commissioner of education for early childhood education
programs and financing under Minnesota Statutes, sections 119A.50; 119A.52; 119A.53;
119A.535; 119A.5411; 119A.545; 121A.16 to 121A.19; 124D.129; 124D.13; 124D.135;
124D.141; 124D.142; 124D.15; 124D.16; 124D.162; and 125A.259 to 125A.48, are
transferred to the Office of Early Learning. Positions associated with these programs
in the Department of Education are transferred to the Office of Early Learning.
Responsibilities of the commissioner of human services for child care assistance and child
care development programs and financing under Minnesota Statutes, sections 119B.189 to
119B.23, are transferred to the Office of Early Learning. Positions associated with these
programs in the Department of Human Services are transferred to the Office of Early
Learning. Minnesota Statutes, section 15.039, applies to the transfer of the responsibilities
in this section.
new text end

Sec. 10. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin School readiness. new text end

new text begin For revenue for school readiness programs under
Minnesota Statutes, sections 124D.15 and 124D.16:
new text end

	new text begin $ new text end	new text begin 8,379,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 10,095,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $1,009,000 for 2009 and $7,370,000 for 2010.
new text end

new text begin The 2011 appropriation includes $2,725,000 for 2010 and $7,370,000 for 2011.
new text end

new text begin Subd. 3. new text end

new text begin Early childhood family education aid. new text end

new text begin For early childhood family
education aid under Minnesota Statutes, section 124D.135:
new text end

	new text begin $ new text end	new text begin 19,189,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 22,473,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $3,020,000 for 2009 and $16,169,000 for 2010.
new text end

new text begin The 2011 appropriation includes $5,980,000 for 2010 and $16,493,000 for 2011.
new text end

new text begin Subd. 4. new text end

new text begin Health and developmental screening aid. new text end

new text begin For health and developmental
screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
new text end

	new text begin $ new text end	new text begin 3,066,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 3,780,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $367,000 for 2009 and $2,699,000 for 2010.
new text end

new text begin The 2011 appropriation includes $997,000 for 2010 and $2,783,000 for 2011.
new text end

new text begin Subd. 5. new text end

new text begin Head Start program. new text end

new text begin For Head Start programs under Minnesota Statutes,
section 119A.52:
new text end

	new text begin $ new text end	new text begin 20,100,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 20,100,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin Subd. 6. new text end

new text begin Educate parents partnership. new text end

new text begin For the educate parents partnership under
Minnesota Statutes, section 124D.129:
new text end

	new text begin $ new text end	new text begin 50,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 50,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin Subd. 7. new text end

new text begin Kindergarten entrance assessment initiative and intervention
program. new text end

new text begin For the kindergarten entrance assessment initiative and intervention program
under Minnesota Statutes, section 124D.162:
new text end

	new text begin $ new text end	new text begin 287,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 287,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

Sec. 11. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In the next and subsequent editions of Minnesota Statutes, the revisor of statutes
shall:
new text end

new text begin (1) substitute the term "director" for "commissioner" and "commissioner of
education" in the following: Minnesota Statutes, sections 119A.50; 119A.52; 119A.53;
119A.535; 119A.5411; 119A.545; 121A.16 to 121A.19; 124D.129; 124D.13; 124D.135;
124D.141; 124D.142; 124D.15; 124D.16; 124D.162; and 125A.259 to 125A.48. In
the next and subsequent editions of Minnesota Statutes, the revisor of statutes shall
substitute the term "director" for "commissioner" and "commissioner of human services"
in Minnesota Statutes, sections 119B.189 to 119B.23; and
new text end

new text begin (2) substitute the term "Office of Early Learning" for the term "Department of
Education" in the following: Minnesota Statutes, sections 119A.50; 119A.52; 119A.53;
119A.535; 119A.5411; 119A.545; 121A.16 to 121A.19; 124D.129; 124D.13; 124D.135;
124D.141; 124D.142; 124D.15; 124D.16; 124D.162; and 125A.259 to 125A.48; and
substitute the term "Office of Early Learning" for the term "Department of Human
Services" in the following: Minnesota Statutes, sections 119B.189 to 119B.23.
new text end

ARTICLE 2

PREVENTION

Section 1.

Minnesota Statutes 2008, section 124D.19, subdivision 10, is amended to
read:

Subd. 10.

Youth service programs.

(a) A school board may offer, as part of a
community education program with a youth development program, a youth service
program that provides young people with meaningful opportunities to become involved in
their community, develop individual capabilities, make career connections, seek support
networks and services, become active citizens, and address community needs through
youth service. The board may award up to one credit, or the equivalent, toward graduation
for a pupil who completes the youth service requirements of the district. The community
education advisory council, after considering the results of the commissioner's study
under section 124D.50, subdivision 1, must design the program in cooperation with the
district planning, evaluating and reporting committee and local organizations that train
volunteers or need volunteers' services.

(b) Programs must include:

(1) preliminary training for pupil volunteers conducted, when possible, by
organizations experienced in such training;

(2) supervision of the pupil volunteers to ensure appropriate placement and adequate
learning opportunity;

(3) sufficient opportunity, in a positive setting for human development, for pupil
volunteers to develop general skills in preparation for employment, to enhance self-esteem
and self-worth, and to give genuine service to their community;

(4) integration of academic learning with the service experience; and

(5) integration of youth community service with elementary and secondary
curriculum.

(c) Youth service projects include, but are not limited to, the following:

(1) human services for the elderly, including home care and related services;

(2) tutoring and mentoring;

(3) training for and providing emergency services;

(4) services at extended day programs;

(5) environmental services; and

(6) service-learning programs in which schools, including postsecondary schools,
and employers work together with young people to provide them with meaningful
opportunities for community service and with the academic and technical skills that
employers require.

deleted text begin (d) The commissioner shall maintain a list of acceptable projects with a description
of each project. A project that is not on the list must be approved by the commissioner.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end A youth service project must have a community sponsor that may be a
governmental unit or nonprofit organization. To assure that pupils provide additional
services, each sponsor must assure that pupil services do not displace employees or reduce
the workload of any employee.

deleted text begin (f) deleted text end new text begin (e) new text end The commissioner shall assist districts in planning youth service programs,
implementing programs, and developing recommendations for obtaining community
sponsors.

Sec. 2.

Minnesota Statutes 2008, section 124D.19, subdivision 14, is amended to read:

Subd. 14.

Community education; annual report.

Each district offering a
community education program under this section must annually report to the department
information regarding deleted text begin the cost per participant and cost per contact hour for deleted text end each
community education program, including youth after-school enrichment programs, that
receives aid or levy. deleted text begin The department must include cost per participant and cost per contact
hour information by program in the community education annual report.
deleted text end

Sec. 3. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Community education aid. new text end

new text begin For community education aid under
Minnesota Statutes, section 124D.20:
new text end

	new text begin $ new text end	new text begin 488,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 486,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $73,000 for 2009 and $415,000 for 2010.
new text end

new text begin The 2011 appropriation includes $153,000 for 2010 and $333,000 for 2011.
new text end

new text begin Subd. 3. new text end

new text begin Adults with disabilities program aid. new text end

new text begin For adults with disabilities
programs under Minnesota Statutes, section 124D.56:
new text end

	new text begin $ new text end	new text begin 590,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 710,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $71,000 for 2009 and $519,000 for 2010.
new text end

new text begin The 2011 appropriation includes $191,000 for 2010 and $519,000 for 2011.
new text end

new text begin Subd. 4. new text end

new text begin Hearing-impaired adults. new text end

new text begin For programs for hearing-impaired adults
under Minnesota Statutes, section 124D.57:
new text end

	new text begin $ new text end	new text begin 70,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 70,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Subd. 5. new text end

new text begin School-age care revenue. new text end

new text begin For extended day aid under Minnesota Statutes,
section 124D.22:
new text end

	new text begin $ new text end	new text begin 1,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 1,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $0 for 2009 and $1,000 for 2010.
new text end

new text begin The 2011 appropriation includes $0 for 2010 and $1,000 for 2011.
new text end

ARTICLE 3

SELF-SUFFICIENCY AND LIFELONG LEARNING

Section 1.

Minnesota Statutes 2008, section 124D.522, is amended to read:

124D.522 ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE
GRANTS.

(a) The commissioner, in consultation with the policy review task force under
section 124D.521, may make grants to nonprofit organizations to provide services that
are not offered by a district adult basic education program or that are supplemental to
either the statewide adult basic education program, or a district's adult basic education
program. The commissioner may make grants for: staff development for adult basic
education teachers and administrators; training for volunteer tutors; training, services, and
materials for serving disabled students through adult basic education programs; statewide
promotion of adult basic education services and programs; development and dissemination
of instructional and administrative technology for adult basic education programs;
programs which primarily serve communities of color; adult basic education distance
learning projects, including television instruction programs; and other supplemental
services to support the mission of adult basic education and innovative delivery of adult
basic education services.

(b) The commissioner must establish eligibility criteria and grant application
procedures. Grants under this section must support services throughout the state, focus on
educational results for adult learners, and promote outcome-based achievement through
adult basic education programs. Beginning in fiscal year 2002, the commissioner may
make grants under this section from the state total adult basic education aid set aside for
supplemental service grants under section 124D.531. Up to one-fourth of the appropriation
for supplemental service grants must be used for grants for adult basic education programs
to encourage and support innovations in adult basic education instruction and service
delivery. A grant to a single organization cannot exceed deleted text begin $100,000 deleted text end new text begin 20 percent of the total
supplemental services aid new text end . Nothing in this section prevents an approved adult basic
education program from using state or federal aid to purchase supplemental services.

Sec. 2. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Adult basic education aid. new text end

new text begin For adult basic education aid under Minnesota
Statutes, section 124D.531:
new text end

	new text begin $ new text end	new text begin 35,648,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 44,039,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin The 2010 appropriation includes $4,187,000 for 2009 and $31,461,000 for 2010.
new text end

new text begin The 2011 appropriation includes $11,636,000 for 2010 and $32,403,000 for 2011.
new text end

new text begin Subd. 3. new text end

new text begin GED tests. new text end

new text begin For payment of 60 percent of the costs of GED tests under
Minnesota Statutes, section 124D.55:
new text end

	new text begin $ new text end	new text begin 125,000 new text end	new text begin ..... new text end	new text begin 2010 new text end
	new text begin $ new text end	new text begin 125,000 new text end	new text begin ..... new text end	new text begin 2011 new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

ARTICLE 4

CHILD CARE ASSISTANCE

Section 1. new text begin HUMAN SERVICES APPROPRIATION. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 2. new text begin HUMAN SERVICES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 130,860,000 new text end

new text begin $ new text end

new text begin 131,947,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 118,352,000 new text end	new text begin 118,358,000 new text end
new text begin Child Care Development Fund new text end	new text begin 12,508,000 new text end	new text begin 13,589,000 new text end

new text begin new text begin Child Care and Development Fund
Unexpended Balance. new text end (a) The commissioner
shall determine the unexpended balance of
the federal Child Care and Development
Fund (CCDF) for the basic sliding fee child
care program by February 28, 2009. The
balance must first be used to fund programs
described in paragraph (b) and the remainder
must be available for the basic sliding fee
child care under Minnesota Statutes, section
119B.03.
new text end

new text begin (b) Notwithstanding Minnesota Statutes,
section 119B.03, subdivision 6b, and
Minnesota Rules, part 3400.0060, subpart
4, the commissioner shall transfer to the
commissioner of education $500,000 in fiscal
year 2010 and $500,000 in fiscal year 2011
for the purposes of after-school community
learning grants under Minnesota Statutes,
section 124D.2211. Any funds unexpended
in fiscal year 2010 may be used in fiscal year
2011. The commissioner shall transfer to the
commissioner of education $500,000 in fiscal
year 2010 and $500,000 in fiscal year 2011
for the words work program under Minnesota
Statutes, section 119A.50, subdivision 3,
paragraph (a). Any unexpended funds in
fiscal year 2010 may be used in fiscal year
2011. The commissioner shall ensure that
all transferred funds are expended according
to federal child care and development fund
regulations.
new text end

new text begin Subd. 2. new text end new text begin Children and Economic Assistance Grants new text end

new text begin The amounts that may be spent from this
appropriation for each purpose are as follows:
new text end

new text begin (a) MFIP Child Care Assistance Grants new text end

new text begin 74,209,000 new text end

new text begin 74,393,000 new text end

new text begin Child care assistance provider rates. new text end new text begin
$2,112,000 in fiscal year 2010 and
$2,067,000 in fiscal year 2011 are from
the federal child care development fund
from American Recovery and Reinvestment
Act of 2009, Public Law 111-5, funds
to the commissioner of human services
consistent with federal regulations for the
purpose of child care assistance provider rate
increases under Minnesota Statutes, section
119B.13, subdivision 1. This is a onetime
appropriation. Any unexpended balance the
first year is available in the second year.
From the child care development fund,
the base appropriations are increased by
$286,000 in fiscal year 2012 and by $140,000
in fiscal year 2013.
new text end

new text begin Provider rate differential. new text end new text begin $31,000 in fiscal
year 2010 and $66,000 in fiscal year 2011
are from the federal child care development
funds received from the American Recovery
and Reinvestment Act of 2009, Public
Law 111-5, to the commissioner of human
services for the purposes of the provider rate
differential under Minnesota Statutes, section
119B.13, subdivision 3a.
new text end

new text begin School readiness service agreements. new text end new text begin
$406,000 in fiscal year 2010 and $406,000
in fiscal year 2011 are from the federal
child care development funds received from
the American Recovery and Reinvestment
Act of 2009, Public Law 111-5, to the
commissioner of human services consistent
with federal regulations for the purpose of
school readiness service agreements under
Minnesota Statutes, section 119B.231. This
is a onetime appropriation. Any unexpended
balance the first year is available in the
second year.
new text end

new text begin (b) Basic Sliding Fee Child Care Assistance Grants new text end

new text begin 53,862,000 new text end

new text begin 53,755,000 new text end

new text begin new text begin Child care assistance provider rates. new text end
$1,322,000 in fiscal year 2010 and
$1,435,000 in fiscal year 2011 are from
the federal child care development funds
received from the American Recovery and
Reinvestment Act of 2009, Public Law 111-5,
to the commissioner of human services
consistent with federal regulations for the
purpose of child care assistance provider rate
increases under Minnesota Statutes, section
119B.13, subdivision 1. This is a onetime
appropriation. Any unexpended balance the
first year is available in the second year.
From the child care development fund,
the base appropriations are increased by
$250,000 in fiscal year 2012 and by $142,000
in fiscal year 2013.
new text end

new text begin Provider Rate Differential. $33,000
in fiscal year 2010 and $68,000 in fiscal
year 2011 are from the federal child care
development fund from American Recovery
and Reinvestment Act of 2009, Public Law
111-5, funds to the commissioner of human
services for the purposes of the provider rate
differential under Minnesota Statutes, section
119B.13, subdivision 3a.
new text end

new text begin new text begin School readiness service agreements. new text end
$261,000 in fiscal year 2010 and $261,000
in fiscal year 2011 are from the federal
child care development funds received from
the American Recovery and Reinvestment
Act of 2009, Public Law 111-5, to the
commissioner of human services consistent
with federal regulations for the purpose of
school readiness service agreements under
Minnesota Statutes, section 119B.231. This
is a onetime appropriation. Any unexpended
balance the first year is available in the
second year.
new text end

new text begin Basic sliding fee. new text end new text begin $7,045,000 in fiscal year
2010 and $6,974,000 in fiscal year 2011 are
from the federal child care development
funds received from the American Recovery
and Reinvestment Act of 2009, Public
Law 111-5, to the commissioner of human
services consistent with federal regulations
for the purpose of basic sliding fee child care
assistance under Minnesota Statutes, section
119B.03. This is a onetime appropriation.
Any unexpended balance the first year is
available in the second year.
new text end

new text begin Base adjustment. new text end new text begin The general fund base is
increased by $180,000 in fiscal year 2012
and $178,000 in fiscal year 2013.
new text end

new text begin (c) Child Care Development Grants new text end

new text begin 2,679,000 new text end

new text begin 3,695,000 new text end

new text begin Family, friends, and neighbor grants. new text end new text begin
$375,000 in fiscal year 2010 and $375,000
in fiscal year 2011 are from the child care
development fund required targeted funds for
quality expansion and infant/toddler from the
American Recovery and Reinvestment Act of
2009, Public Law 111-5, to the commissioner
of human services for family, friends, and
neighbor grants under Minnesota Statutes,
section 119B.232. This appropriation may be
used on programs receiving family, friends,
and neighbor grant funds as of June 30,
2009, or on new programs or projects. This
is a onetime appropriation. Any unexpended
balance the first year is available in the
second year.
new text end

new text begin new text begin Voluntary quality rating system training,
coaching, consultation, and supports. new text end
$633,000 in fiscal year 2010 and $633,000
in fiscal year 2011 are from the federal
child care development fund required
targeted funds for quality expansion and
infant/toddler from the American Recovery
and Reinvestment Act of 2009, Public
Law 111-5, to the commissioner of human
services consistent with federal regulations
for the purpose of providing grants to provide
statewide child-care provider training,
coaching, consultation, and supports to
prepare for the voluntary Minnesota quality
rating system rating tool. This is a onetime
appropriation. Any unexpended balance the
first year is available in the second year.
new text end

new text begin new text begin Voluntary quality rating system. new text end $184,000
in fiscal year 2010 and $1,200,000 in fiscal
year 2011 are from the federal child care
development fund required targeted funds for
quality expansion and infant/toddler from the
American Recovery and Reinvestment Act of
2009, Public Law 111-5, to the commissioner
of human services consistent with federal
regulations for the purpose of implementing
the voluntary Parent Aware quality star
rating system pilot in coordination with the
Minnesota Early Learning Foundation. The
appropriation for the first year is to complete
and promote the voluntary Parent Aware
quality rating system pilot program through
June 30, 2010, and the appropriation for the
second year is to continue the voluntary
Minnesota quality rating system pilot
through June 30, 2011. This is a onetime
appropriation. Any unexpended balance the
first year is available in the second year.
new text end

new text begin (d) Children and Economic Assistance Administration new text end

new text begin 106,000 new text end

new text begin 104,000 new text end

new text begin new text begin School readiness service agreements. new text end
$106,000 in fiscal year 2010 and $104,000
in fiscal year 2011 are from the federal
child care development funds received from
the American Recovery and Reinvestment
Act of 2009, Public Law 111-5, to the
commissioner of human services consistent
with federal regulations for the purpose of
school readiness service agreements under
Minnesota Statutes, section 119B.231. This
is a onetime appropriation.
new text end

new text begin (e) Children and Economic Assistance Operations new text end

new text begin 4,000 new text end

new text begin 0 new text end

new text begin $4,000 in fiscal year 2010 is for systems
costs.
new text end

new text begin (f) Spending Directions new text end

new text begin The commissioner must expend federal
child care development funds, including the
federal stimulus within federal expenditure
timelines to the extent necessary to meet
legislative appropriations and maximize the
use of federal funds.
new text end

Sec. 3.

Minnesota Statutes 2008, section 119B.09, subdivision 7, is amended to read:

Subd. 7.

Date of eligibility for assistance.

(a) The date of eligibility for child
care assistance under this chapter is the later of the date the application was signed; the
beginning date of employment, education, or training; the date the infant is born for
applicants to the at-home infant care program; or the date a determination has been made
that the applicant is a participant in employment and training services under Minnesota
Rules, part 3400.0080, or chapter 256J.

(b) Payment ceases for a family under the at-home infant child care program when a
family has used a total of 12 months of assistance as specified under section 119B.035.
Payment of child care assistance for employed persons on MFIP is effective the date of
employment or the date of MFIP eligibility, whichever is later. Payment of child care
assistance for MFIP or DWP participants in employment and training services is effective
the date of commencement of the services or the date of MFIP or DWP eligibility,
whichever is later. Payment of child care assistance for transition year child care must be
made retroactive to the date of eligibility for transition year child care.

new text begin (c) Notwithstanding paragraph (b), payment of child care assistance for participants
eligible under section 119B.05 may only be made retroactively for a maximum of six
months from the date of application for child care assistance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2009.
new text end

Sec. 4.

Minnesota Statutes 2008, section 119B.13, subdivision 1, is amended to read:

Subdivision 1.

Subsidy restrictions.

(a) Beginning July 1, deleted text begin 2006 deleted text end new text begin 2009 new text end , the
maximum rate paid for child care assistance in any county or multicounty region under the
child care fund shall be the rate for like-care arrangements in the county effective deleted text begin January
1, 2006 deleted text end new text begin July 1, 2008 new text end , increased by deleted text begin six deleted text end new text begin two new text end percent new text begin through the end of fiscal year 2011 new text end .

deleted text begin (b) Rate changes shall be implemented for services provided in September 2006
unless a participant eligibility redetermination or a new provider agreement is completed
between July 1, 2006, and August 31, 2006 deleted text end .

deleted text begin As necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.
deleted text end

deleted text begin New cases approved on or after July 1, 2006, shall have the maximum rates under
paragraph (a), implemented immediately.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Every year, the commissioner shall survey rates charged by child care
providers in Minnesota to determine the 75th percentile for like-care arrangements in
counties. When the commissioner determines that, using the commissioner's established
protocol, the number of providers responding to the survey is too small to determine
the 75th percentile rate for like-care arrangements in a county or multicounty region,
the commissioner may establish the 75th percentile maximum rate based on like-care
arrangements in a county, region, or category that the commissioner deems to be similar.

deleted text begin (d) deleted text end new text begin (c) new text end A rate which includes a special needs rate paid under subdivision 3 or under a
school readiness service agreement paid under section 119B.231, may be in excess of the
maximum rate allowed under this subdivision.

deleted text begin (e) deleted text end new text begin (d) new text end The department shall monitor the effect of this paragraph on provider rates.
The county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.

deleted text begin (f) deleted text end new text begin (e) new text end When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.

deleted text begin (g) deleted text end new text begin (f) new text end All maximum provider rates changes shall be implemented on the Monday
following the effective date of the maximum provider rate.

Sec. 5.

Minnesota Statutes 2008, section 119B.13, subdivision 3a, is amended to read:

Subd. 3a.

Provider rate differential for deleted text begin accreditation deleted text end new text begin quality new text end .

A family child care
provider or child care center shall be paid a 15 percent differential above the maximum
rate established in subdivision 1, up to the actual provider rate, if the provider or center
holds a current early childhood development credential new text begin , has received a 3 or 4 star rating
on the Parent Aware star rating tool, new text end or is accredited. For a family child care provider,
early childhood development credential and accreditation includes an individual who has
earned a child development associate degree, a child development associate credential, a
diploma in child development from a Minnesota state technical college, or a bachelor's
or post baccalaureate degree in early childhood education from an accredited college
or university, or who is accredited by the National Association for Family Child Care
or the Competency Based Training and Assessment Program. For a child care center,
accreditation includes accreditation by the National Association for the Education of
Young Children, the Council on Accreditation, the National Early Childhood Program
Accreditation, the National School-Age Care Association, or the National Head Start
Association Program of Excellence. For Montessori programs, accreditation includes
the American Montessori Society, Association of Montessori International-USA, or the
National Center for Montessori Education.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 1, 2009.
new text end

Sec. 6.

Minnesota Statutes 2008, section 119B.13, subdivision 6, is amended to read:

Subd. 6.

Provider payments.

(a) Counties or the state shall make vendor payments
to the child care provider or pay the parent directly for eligible child care expenses.

(b) If payments for child care assistance are made to providers, the provider shall
bill the county for services provided within ten days of the end of the service period. If
bills are submitted within ten days of the end of the service period, a county or the state
shall issue payment to the provider of child care under the child care fund within 30 days
of receiving a bill from the provider. Counties or the state may establish policies that
make payments on a more frequent basis.

(c) deleted text begin All bills deleted text end new text begin If a provider has received an authorization of care and been issued a
billing form for an eligible family, the bill new text end must be submitted within 60 days of the last
date of service on the bill. A county may pay a bill submitted more than 60 days after
the last date of service if the provider shows good cause why the bill was not submitted
within 60 days. Good cause must be defined in the county's child care fund plan under
section 119B.08, subdivision 3, and the definition of good cause must include county
error. A county may not pay any bill submitted more than a year after the last date of
service on the bill.

new text begin (d) If a provider provided care for a time period without receiving an authorization
of care and a billing form for an eligible family, payment of child care assistance may only
be made retroactively for a maximum of six months from the date the provider is issued
an authorization of care and billing form.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end A county may stop payment issued to a provider or may refuse to pay a
bill submitted by a provider if:

(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms; or

(2) a county finds by a preponderance of the evidence that the provider intentionally
gave the county materially false information on the provider's billing forms.

deleted text begin (e) deleted text end new text begin (f) new text end A county's payment policies must be included in the county's child care plan
under section 119B.08, subdivision 3. If payments are made by the state, in addition to
being in compliance with this subdivision, the payments must be made in compliance
with section 16A.124.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2009.
new text end

Sec. 7.

Minnesota Statutes 2008, section 119B.21, subdivision 5, is amended to read:

Subd. 5.

Child care services grants.

(a) A child care resource and referral program
designated under section 119B.19, subdivision 1a, may award child care services grants
for:

(1) creating new licensed child care facilities and expanding existing facilities,
including, but not limited to, supplies, equipment, facility renovation, and remodeling;

(2) improving licensed child care facility programs;

(3) staff training and development services including, but not limited to, in-service
training, curriculum development, accreditation, certification, consulting, resource
centers, program and resource materials, supporting effective teacher-child interactions,
child-focused teaching, and content-driven classroom instruction;

(4) interim financing;

(5) capacity building through the purchase of appropriate technology to create,
enhance, and maintain business management systems;

(6) emergency assistance for child care programs;

(7) new programs or projects for the creation, expansion, or improvement of
programs that serve ethnic immigrant and refugee communities; and

(8) targeted recruitment initiatives to expand and build the capacity of the child
care system and to improve the quality of care provided by legal nonlicensed child care
providers.

(b) A child care resource and referral program designated under section 119B.19,
subdivision 1a, may award child care services grants to:

(1) licensed providers;

(2) providers in the process of being licensed;

(3) corporations or public agencies that develop or provide child care services;

(4) school-age care programs;

(5) legal nonlicensed or family, friend, and neighbor care providers; or

(6) any combination of clauses (1) to (5).

(c) A recipient of a child care services grant for facility improvements, interim
financing, or staff training and development must provide a 25 percent local match.

new text begin (d) Beginning July 1, 2009, grants under this subdivision shall be increasingly
awarded for activities that improve provider quality, including activities under paragraph
(a), clauses (1) to (3) and (7).
new text end

Sec. 8.

Minnesota Statutes 2008, section 119B.21, subdivision 10, is amended to read:

Subd. 10.

Family child care technical assistance grants.

(a) A child care resource
and referral organization designated under section 119B.19, subdivision 1a, may award
technical assistance grants of up to $1,000. These grants may be used for:

(1) facility improvements, including, but not limited to, improvements to meet
licensing requirements;

(2) improvements to expand a child care facility or program;

(3) toys new text begin , materials, new text end and equipment new text begin to improve the learning environment new text end ;

(4) technology and software to create, enhance, and maintain business management
systems;

(5) start-up costs;

(6) staff training and development; and

(7) other uses approved by the commissioner.

(b) A child care resource and referral program may award family child care technical
assistance grants to:

(1) licensed family child care providers;

(2) child care providers in the process of becoming licensed; or

(3) legal nonlicensed or family, friend, and neighbor care providers.

(c) A local match is not required for a family child care technical assistance grant.

new text begin (d) Beginning July 1, 2009, grants under this subdivision shall be increasingly
awarded for activities that improve provider quality, including activities under paragraph
(a), clauses (1), (3), and (6).
new text end

Sec. 9.

Minnesota Statutes 2008, section 119B.231, subdivision 2, is amended to read:

Subd. 2.

Provider eligibility.

(a) To be considered for an SRSA, a provider shall
apply to the commissioner new text begin or have been chosen as an SRSA provider prior to June 30,
2009, and have complied with all requirements of the SRSA agreement. Priority for funds
is given to providers who had agreements prior to June 30, 2009. If sufficient funds are
available, the commissioner shall make applications available to additional providers new text end . To
be eligible to apply for an SRSA, a provider shall:

(1) be eligible for child care assistance payments under chapter 119B;

(2) have at least 25 percent of the children enrolled with the provider subsidized
through the child care assistance program;

(3) provide full-time, full-year child care services; and

(4) deleted text begin serve at least one child who is subsidized through the child care assistance
program and who is expected to enter kindergarten within the following 30 months deleted text end new text begin have
obtained a level 3 or 4 star rating under the voluntary Parent Aware quality rating system new text end .

(b) The commissioner may waive the 25 percent requirement in paragraph (a),
clause (2), if necessary to achieve geographic distribution of SRSA providers and diversity
of types of care provided by SRSA providers.

(c) An eligible provider who would like to enter into an SRSA with the commissioner
shall submit an SRSA application. To determine whether to enter into an SRSA with a
provider, the commissioner shall evaluate the following factors:

(1) the deleted text begin qualifications of the provider and the provider's staff deleted text end new text begin provider's Parent
Aware rating score new text end ;

deleted text begin (2) the provider's staff-child ratios;
deleted text end

deleted text begin (3) the provider's curriculum;
deleted text end

deleted text begin (4) the provider's current or planned parent education activities;
deleted text end

deleted text begin (5) deleted text end new text begin (2) new text end the provider's current or planned social service and employment linkages;

deleted text begin (6) the provider's child development assessment plan;
deleted text end

deleted text begin (7) deleted text end new text begin (3) new text end the geographic distribution needed for SRSA providers;

deleted text begin (8) deleted text end new text begin (4) new text end the inclusion of a variety of child care delivery models; and

deleted text begin (9) deleted text end new text begin (5) new text end other related factors determined by the commissioner.

Sec. 10.

Minnesota Statutes 2008, section 119B.231, subdivision 3, is amended to read:

Subd. 3.

Family and child eligibility.

(a) A family eligible to choose an SRSA
provider for their children shall:

(1) be eligible to receive child care assistance under any provision in chapter 119B
except section 119B.035;

(2) be in an authorized activity for an average of at least 35 hours per week when
initial eligibility is determined; and

(3) include a child who has not yet entered kindergarten.

(b) A family who is determined to be eligible to choose an SRSA provider remains
eligible to be paid at a higher rate through the SRSA provider when the following
conditions exist:

(1) the child attends child care with the SRSA provider a minimum of 25 hours per
week, on average;

(2) the family has a child who has not yet entered kindergarten; and

(3) the family maintains eligibility under chapter 119B except section 119B.035.

(c) deleted text begin For the 12 months deleted text end After initial eligibility has been determined, a decrease in the
family's authorized activities to an average of less than 35 hours per week does not result
in ineligibility for the SRSA rate. new text begin A family must continue to maintain eligibility under this
chapter and be in an authorized activity.
new text end

(d) A family that moves between counties but continues to use the same SRSA
provider shall continue to receive SRSA funding for the increased payments.

Sec. 11.

Minnesota Statutes 2008, section 119B.231, subdivision 4, is amended to read:

Subd. 4.

Requirements of providers.

An SRSA must include assessment,
evaluation, and reporting requirements that promote the goals of improved school
readiness and movement toward appropriate child development milestones. A provider
who enters into an SRSA shall comply with new text begin all SRSA requirements, including new text end the
assessment, evaluation, and reporting requirements in the SRSA. new text begin Providers who have been
selected previously for SRSAs must begin the process to obtain a rating using Parent
Aware according to timelines established by the commissioner. If the initial Parent Aware
rating is less than three stars, the provider must submit a plan to improve the rating. If
a 3 or 4 star rating is not obtained within established timelines, the commissioner may
consider continuation of the agreement, depending upon the progress made and other
factors. Providers who apply and are selected for a new SRSA agreement on or after July
1, 2009, must have a level 3 or 4 star rating under the voluntary Parent Aware quality
rating system at the time the SRSA agreement is signed.
new text end