2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; providing for early childhood 1.3 education, community, prevention, and self-sufficiency 1.4 programs; appropriating money; amending Minnesota 1.5 Statutes 1996, sections 12.21, subdivision 3; 15.53, 1.6 subdivision 2; 119A.01, subdivision 3; 119A.04, 1.7 subdivision 6, and by adding a subdivision; 119A.13, 1.8 subdivisions 2, 3, and 4; 119A.14; 119A.15, 1.9 subdivisions 2, 5, and by adding a subdivision; 1.10 119A.16; 119A.31, subdivisions 1 and 2; 119B.01, 1.11 subdivisions 8, 9, 12, 16, 17, and by adding 1.12 subdivisions; 119B.02; 119B.03, subdivisions 3, 4, 5, 1.13 6, 7, 8, and by adding subdivisions; 119B.04; 119B.05, 1.14 subdivisions 1, 5, 6, and by adding a subdivision; 1.15 119B.07; 119B.08, subdivisions 1 and 3; 119B.09, 1.16 subdivisions 1, 2, and by adding subdivisions; 1.17 119B.10, subdivision 1; 119B.11, subdivisions 1, 3, 1.18 and by adding a subdivision; 119B.12; 119B.13, 1.19 subdivision 1, and by adding subdivisions; 119B.15; 1.20 119B.16, subdivision 1; 119B.18, by adding a 1.21 subdivision; 119B.20, subdivisions 7, 9, and 10; 1.22 119B.21, subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 10, and 1.23 11; 120.05, subdivision 2; 121.831, subdivisions 3 and 1.24 4; 121.8355, subdivision 1; 121.88, subdivisions 1, 1.25 10, and by adding a subdivision; 121.882, subdivisions 1.26 2 and 6; 124.17, subdivision 2e; 124.26, subdivision 1.27 2, and by adding a subdivision; 124.2601, subdivisions 1.28 3, 4, 5, 6, and by adding a subdivision; 124.261, 1.29 subdivision 1; 124.2615, subdivisions 1 and 2; 1.30 124.2711, subdivisions 1 and 2a; 124.2713, 1.31 subdivisions 6 and 8; 124.2716, subdivision 3; 268.38, 1.32 by adding a subdivision; 268.53, subdivision 5; 1.33 268.55, by adding a subdivision; 268.912; 268.913, 1.34 subdivisions 2 and 4; and 268.914, subdivision 1; Laws 1.35 1996, chapter 463, section 4, subdivision 2, as 1.36 amended; proposing coding for new law in Minnesota 1.37 Statutes, chapters 119A; and 119B; repealing Minnesota 1.38 Statutes 1996, sections 119B.03, subdivision 7; 1.39 119B.05, subdivisions 2 and 3; 119B.11, subdivision 2; 1.40 119B.19, subdivision 2; 119B.21, subdivision 7; 1.41 121.8355, subdivision 1a; and 268.913, subdivision 5. 1.42 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.43 EARLY CHILDHOOD AND 2.1 FAMILY EDUCATION OMNIBUS BILL 2.2 ARTICLE 1 2.3 EARLY CHILDHOOD PROGRAMS 2.4 Section 1. Minnesota Statutes 1996, section 12.21, 2.5 subdivision 3, is amended to read: 2.6 Subd. 3. [SPECIFIC AUTHORITY.] In performing duties under 2.7 this chapter and to effect its policy and purpose, the governor 2.8 may: 2.9 (1) make, amend, and rescind the necessary orders and rules 2.10 to carry out the provisions of this chapter and section 216C.15 2.11 within the limits of the authority conferred by this section, 2.12 with due consideration of the plans of the federal government 2.13 and without complying with sections 14.001 to 14.69, but no 2.14 order or rule has the effect of law except as provided by 2.15 section 12.32; 2.16 (2) ensure that a comprehensive emergency operations plan 2.17 and emergency management program for this state are developed 2.18 and maintained, and are integrated into and coordinated with the 2.19 emergency plans of the federal government and of other states to 2.20 the fullest possible extent; 2.21 (3) in accordance with the emergency operations plan and 2.22 the emergency management program of this state, procure supplies 2.23 and equipment, institute training programs and public 2.24 information programs, and take all other preparatory steps, 2.25 including the partial or full activation of emergency management 2.26 organizations in advance of actual disaster to ensure the 2.27 furnishing of adequately trained and equipped forces of 2.28 emergency management personnel in time of need; 2.29 (4) make studies and surveys of the industries, resources, 2.30 and facilities in this state as may be necessary to ascertain 2.31 the capabilities of the state for emergency management and to 2.32 plan for the most efficient emergency use of those industries, 2.33 resources, and facilities; 2.34 (5) on behalf of this state, enter into mutual aid 2.35 arrangements or cooperative agreements with other states and 2.36 with Canadian provinces, and coordinate mutual aid plans between 3.1 political subdivisions of this state; 3.2 (6) delegate administrative authority vested in the 3.3 governor under this chapter, except the power to make rules, and 3.4 provide for the subdelegation of that authority; 3.5 (7) cooperate with the president and the heads of the armed 3.6 forces, the emergency management agency of the United States and 3.7 other appropriate federal officers and agencies, and with the 3.8 officers and agencies of other states in matters pertaining to 3.9 the emergency management of the state and nation, including the 3.10 direction or control of: 3.11 (i) emergency preparedness drills and exercises; 3.12 (ii) warnings and signals for drills or actual emergencies 3.13 and the mechanical devices to be used in connection with them; 3.14 (iii) shutting off water mains, gas mains, electric power 3.15 connections and the suspension of all other utility services; 3.16 (iv) the conduct of persons in the state and the movement 3.17 and cessation of movement of pedestrians and vehicular traffic 3.18 during, prior, and subsequent to drills or actual emergencies; 3.19 (v) public meetings or gatherings; and 3.20 (vi) the evacuation, reception, and sheltering of persons; 3.21 (8) contribute to a political subdivision, within the 3.22 limits of the appropriation for that purpose, not more than 25 3.23 percent of the cost of acquiring organizational equipment that 3.24 meets standards established by the governor; 3.25 (9) formulate and execute, with the approval of the 3.26 executive council, plans and rules for the control of traffic in 3.27 order to provide for the rapid and safe movement over public 3.28 highways and streets of troops, vehicles of a military nature, 3.29 materials for national defense and war or for use in any war 3.30 industry, for the conservation of critical materials or for 3.31 emergency management purposes, and coordinate the activities of 3.32 the departments or agencies of the state and its political 3.33 subdivisions concerned directly or indirectly with public 3.34 highways and streets, in a manner that will best effectuate 3.35 those plans; 3.36 (10) alter or adjust by executive order, without complying 4.1 with sections 14.01 to 14.69, the working hours, work days and 4.2 work week of, and annual and sick leave provisions and payroll 4.3 laws regarding all state employees in the executive branch as 4.4 the governor deems necessary to minimize the impact of the 4.5 disaster or emergency, conforming the alterations or adjustments 4.6 to existing state laws, rules, and collective bargaining 4.7 agreements to the extent practicable; 4.8 (11) authorize the commissioner of children, families, and 4.9 learning to alter school schedules, curtail school activities, 4.10 or order schools closed without affecting state aid to schools, 4.11 as defined in section 120.05, and including charter schools 4.12 under section 120.064. 4.13 Sec. 2. Minnesota Statutes 1996, section 120.05, 4.14 subdivision 2, is amended to read: 4.15 Subd. 2. [DEFINITIONS.] (1) Elementary school means any 4.16 school with building, equipment, courses of study, class 4.17 schedules, enrollment of pupils ordinarily ingrades 14.18 prekindergarten through grade 6 or any portion thereof and staff 4.19 meeting the standards established by the state board of 4.20 education. 4.21 The state board of education shall not close a school or 4.22 deny any state aids to a district for its elementary schools 4.23 because of enrollment limitations classified in accordance with 4.24 the provisions of subdivision 2, clause (1). 4.25 (2) Middle school means any school other than a secondary 4.26 school giving an approved course of study in a minimum of three 4.27 consecutive grades above 4th but below 10th with building, 4.28 equipment, courses of study, class schedules, enrollment, and 4.29 staff meeting the standards established by the state board of 4.30 education. 4.31 (3) Secondary school means any school with building, 4.32 equipment, courses of study, class schedules, enrollment of 4.33 pupils ordinarily in grades 7 through 12 or any portion thereof, 4.34 and staff meeting the standards established by the state board 4.35 of education. 4.36 (4) A vocational center school is one serving a group of 5.1 secondary schools with approved areas of secondary vocational 5.2 training and offering vocational secondary and adult programs 5.3 necessary to meet local needs and meeting standards established 5.4 by the state board of education. 5.5 Sec. 3. Minnesota Statutes 1996, section 121.831, 5.6 subdivision 3, is amended to read: 5.7 Subd. 3. [PROGRAM ELIGIBILITY.] A learning readiness 5.8 program shall include the following: 5.9 (1) a comprehensive plan to anticipate and meet the needs 5.10 of participating families by coordinating existing social 5.11 services programs and by fostering collaboration among agencies 5.12 or other community-based organizations and programs that provide 5.13 a full range of flexible, family-focused services to families 5.14 with young children; 5.15 (2) a development and learning component to help children 5.16 develop appropriate social, cognitive, and physical skills, and 5.17 emotional well-being; 5.18 (3) health referral services to address children's medical, 5.19 dental, mental health, and nutritional needs; 5.20 (4) a nutrition component to meet children's daily 5.21 nutritional needs; 5.22 (5) parents' involvement in meeting children's educational, 5.23 health, social service, and other needs; 5.24 (6) community outreach to ensure participation by families 5.25 who represent the racial, cultural, and economic diversity of 5.26 the community;and5.27 (7) community-based staff and program resources, including 5.28 interpreters, that reflect the racial and ethnic characteristics 5.29 of the children participating in the program; and 5.30 (8) a literacy component to ensure that the literacy needs 5.31 of parents are addressed through referral to and cooperation 5.32 with adult basic education programs and other adult literacy 5.33 programs. 5.34 Sec. 4. Minnesota Statutes 1996, section 121.831, 5.35 subdivision 4, is amended to read: 5.36 Subd. 4. [PROGRAM CHARACTERISTICS.] Learning readiness 6.1 programs are encouraged to: 6.2 (1) prepare an individualized service plan to meet each 6.3 child's developmental and learning needs; 6.4 (2) provide parent education to increase parents' 6.5 knowledge, understanding, skills, and experience in child 6.6 development and learning; 6.7 (3) foster substantial parent involvement that may include 6.8 having parents develop curriculum or serve as a paid or 6.9 volunteer educator, resource person, or other staff; 6.10 (4) identify the needs of families in the content of the 6.11 child's learning readiness and family literacy; 6.12 (5) expand collaboration with public organizations, 6.13 businesses, nonprofit organizations, or other private 6.14 organizations to develop a coordinated system of flexible, 6.15 family-focused services available to anticipate and meet the 6.16 full range of needs of all eligible children and their families; 6.17 (6) coordinate treatment and follow-up services for 6.18 children's identified physical and mental health problems; 6.19 (7) offer transportation for eligible children and their 6.20 families for whom other forms of transportation are unavailable 6.21 or would constitute an excessive financial burden; 6.22 (8) make substantial outreach efforts to assure significant 6.23 participation by families with the greatest needs, including 6.24 those families whose income level does not exceed the most 6.25 recent update of the poverty guidelines required by sections 652 6.26 and 673(2) of the Omnibus Budget Reconciliation Act of 1981 6.27 (Public Law Number 97-35); 6.28 (9) use community-based, trained home visitors serving as 6.29 paraprofessionals to provide social support, referrals, parent 6.30 education, and other services; 6.31 (10) create community-based family resource centers and 6.32 interdisciplinary teams; and 6.33 (11) enhance the quality of family or center-based child 6.34 care programs by providing supplementary services and resources, 6.35 staff training, and assistance with children with special needs. 6.36 Sec. 5. Minnesota Statutes 1996, section 121.882, 7.1 subdivision 2, is amended to read: 7.2 Subd. 2. [PROGRAM CHARACTERISTICS.] Early childhood family 7.3 education programs are programs for children in the period of 7.4 life from birth to kindergarten, for the parents of such 7.5 children, and for expectant parents. The programs may include 7.6 the following: 7.7 (1) programs to educate parents about the physical, mental, 7.8 and emotional development of children; 7.9 (2) programs to enhance the skills of parents in providing 7.10 for their children's learning and development; 7.11 (3) learning experiences for children and parents that 7.12 promote children's development; 7.13 (4) activities designed to detect children's physical, 7.14 mental, emotional, or behavioral problems that may cause 7.15 learning problems; 7.16 (5) activities and materials designed to encourage 7.17 self-esteem, skills, and behavior that prevent sexual and other 7.18 interpersonal violence; 7.19 (6) educational materials which may be borrowed for home 7.20 use; 7.21 (7) information on related community resources; 7.22 (8) programs to prevent child abuse and neglect;or7.23 (9) other programs or activities to improve the health, 7.24 development, and learning readiness of children; or 7.25 (10) activities designed to maximize development during 7.26 infancy. 7.27 The programs shall not include activities for children that 7.28 do not require substantial involvement of the children's 7.29 parents. The programs shall be reviewed periodically to assure 7.30 the instruction and materials are not racially, culturally, or 7.31 sexually biased. The programs shall encourage parents to be 7.32 aware of practices that may affect equitable development of 7.33 children. 7.34 Sec. 6. Minnesota Statutes 1996, section 121.882, 7.35 subdivision 6, is amended to read: 7.36 Subd. 6. [COORDINATION AND COLLABORATION.] A district is 8.1 encouraged to coordinatethe program with its special education8.2and vocational education programs and with related services8.3provided by other governmental agencies and nonprofit8.4agenciesand collaborate its program efforts with family 8.5 literacy, learning readiness, Head Start, child care, health, 8.6 social services, special education, transitional housing, and 8.7 foodshelf programs and other related services in the community 8.8 for young children and parents. 8.9 A district is encouraged to coordinate adult basic 8.10 education programs provided to parents and early childhood 8.11 family education programs provided to children to accomplish the 8.12 goals of section 126.69. 8.13 Sec. 7. Minnesota Statutes 1996, section 124.2711, 8.14 subdivision 1, is amended to read: 8.15 Subdivision 1. [REVENUE.] The revenue for early childhood 8.16 family education programs for a school district equals $101.25 8.17 for19931998 and $116.75 for 1999 and later fiscal years times 8.18 the greater of: 8.19 (1) 150; or 8.20 (2) the number of people under five years of age residing 8.21 in the school district on October 1 of the previous school year. 8.22 Sec. 8. Minnesota Statutes 1996, section 124.2711, 8.23 subdivision 2a, is amended to read: 8.24 Subd. 2a. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To 8.25 obtain early childhood family education revenue, a district may 8.26 levy an amount equal to the tax rate of.609.642 percent times 8.27 the adjusted tax capacity of the district for the year preceding 8.28 the year the levy is certified. If the amount of the early 8.29 childhood family education levy would exceed the early childhood 8.30 family education revenue, the early childhood family education 8.31 levy shall equal the early childhood family education revenue. 8.32 Sec. 9. Minnesota Statutes 1996, section 268.38, is 8.33 amended by adding a subdivision to read: 8.34 Subd. 7a. [COOPERATION.] Grant recipients shall identify 8.35 ways to link services and cooperate with other programs that 8.36 serve the educational and nutritional needs of families, 9.1 including, but not limited to, early childhood family education 9.2 programs under section 121.882 and foodshelf programs under 9.3 section 268.55. 9.4 Sec. 10. Minnesota Statutes 1996, section 268.55, is 9.5 amended by adding a subdivision to read: 9.6 Subd. 7. [COOPERATION.] The Minnesota foodshelf 9.7 association and foodshelf programs that receive money under this 9.8 section shall identify ways to link services and cooperate with 9.9 other programs that serve the educational and housing needs of 9.10 families, including, but not limited to, early childhood family 9.11 education programs under section 121.882 and transitional 9.12 housing programs under section 268.38. 9.13 Sec. 11. [ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID; 9.14 FISCAL YEAR 1998.] 9.15 A district that complies with Minnesota Statutes, section 9.16 121.882, shall receive additional early childhood family 9.17 education aid for fiscal year 1998 equal to $10 times the 9.18 greater of: 9.19 (1) 150; or 9.20 (2) the number of people under five years of age residing 9.21 in the school district on October 1 of the previous school 9.22 year. The additional early childhood family education aid may 9.23 be used only for early childhood family education programs. 9.24 Sec. 12. [EARLY CHILDHOOD FAMILY EDUCATION ALTERNATIVE 9.25 PROGRAMMING.] 9.26 Early childhood family education programs that receive 9.27 revenue under Minnesota Statutes, section 124.2713, are 9.28 encouraged to provide classes on the weekends and in the 9.29 evenings to meet the needs of working families. The 9.30 commissioner shall report to the legislature on the number of 9.31 districts offering weekend and evening classes, and on the 9.32 success of these programs in serving working families. The 9.33 commissioner shall make recommendations on ways to expand early 9.34 childhood family education services to make them more available 9.35 and accessible to working families, including families who work 9.36 nontraditional hours. 10.1 Sec. 13. [EARLY CHILDHOOD FAMILY EDUCATION INFANT 10.2 DEVELOPMENT GRANT AWARDS.] 10.3 (a) Early childhood family education programs under 10.4 Minnesota Statutes, section 121.882, may apply to the 10.5 commissioner of children, families, and learning for a grant to 10.6 fund a pilot program to increase services for families of 10.7 infants. Programming for infants and their families must 10.8 conform to the service and other requirements of the early 10.9 childhood family education programs. The infant program must 10.10 include learning experiences for parents of infants that focus 10.11 on methods and information that stimulate and nurture the 10.12 intellectual and emotional development of infants. Proposals 10.13 from programs with service areas where centralized classes are 10.14 not feasible or optimal, may include home visiting programs 10.15 under Minnesota Statutes, section 121.882, subdivision 2b. 10.16 (b) The eligible applicant shall submit an application in 10.17 the form and manner prescribed by the commissioner. Grant 10.18 applicants shall describe the proposed infant and family 10.19 education approach. The application must specify the program 10.20 components, outreach methods, targeted ages, anticipated role of 10.21 the home visits, if any, and how the program will encourage 10.22 participation by families with infants. 10.23 Sec. 14. [OFFICE OF COMMUNITY SERVICES.] 10.24 The commissioner of children, families, and learning shall 10.25 review the accounts and funding for programs administered in the 10.26 office of community services. The commissioner shall also 10.27 review the methods of distributing grants and revenue to 10.28 communities, programs, districts, and other organizations. The 10.29 commissioner shall develop unified application forms for 10.30 competitive grant programs administered by the office. The 10.31 commissioner shall present a proposal to the legislature on ways 10.32 to streamline applications, and to the extent possible, combine 10.33 accounts, programs, and funding streams. 10.34 Sec. 15. [EARLY CHILDHOOD TECHNOLOGY GRANTS.] 10.35 The commissioner of children, families, and learning shall 10.36 establish a process to initiate a competitive grant program to 11.1 enhance the use of technology in early childhood education 11.2 programs. Priority must be given to licensed child care, early 11.3 childhood family education, learning readiness, Head Start, or 11.4 first grade preparedness programs that will provide computer 11.5 time to early childhood education programs. Grants may be used 11.6 for the purchase, repair, or upgrading of computer hardware or 11.7 software, and for training staff, volunteer staff, parents, or 11.8 students in the use of technology. To the extent practicable, 11.9 the department shall solicit donations of refurbished computers 11.10 for distribution to early childhood programs willing to use them 11.11 for educating young students. 11.12 Sec. 16. [YEAR 2000 READY.] 11.13 The commissioner of children, families and learning shall 11.14 ensure that any computer software or hardware that is purchased 11.15 with money appropriated in this bill must be year 2000 ready. 11.16 Sec. 17. [APPROPRIATIONS.] 11.17 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 11.18 LEARNING.] The sums indicated in this section are appropriated 11.19 from the general fund to the department of children, families, 11.20 and learning for the fiscal years designated. 11.21 Subd. 2. [LEARNING READINESS PROGRAM REVENUE.] For revenue 11.22 for learning readiness programs according to Minnesota Statutes, 11.23 sections 121.831 and 124.2615: 11.24 $11,136,000 ..... 1998 11.25 $11,379,000 ..... 1999 11.26 The 1998 appropriation includes $949,000 for 1997 and 11.27 $10,187,000 for 1998. 11.28 The 1999 appropriation includes $1,131,000 for 1998 and 11.29 $10,248,000 for 1999. 11.30 $10,000 each year may be spent for evaluation of learning 11.31 readiness programs. 11.32 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 11.33 childhood family education aid according to Minnesota Statutes, 11.34 section 124.2711: 11.35 $15,528,000 ..... 1998 11.36 $14,970,000 ..... 1999 12.1 The 1998 appropriation includes $1,360,000 for 1997 and 12.2 $14,168,000 for 1998. 12.3 The 1999 appropriation includes $1,574,000 for 1998 and 12.4 $13,396,000 for 1999. 12.5 $10,000 each year may be spent for evaluation of early 12.6 childhood family education programs. 12.7 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 12.8 health and developmental screening aid according to Minnesota 12.9 Statutes, sections 123.702 and 123.7045: 12.10 $1,564,000 ..... 1998 12.11 $1,613,000 ..... 1999 12.12 The 1998 appropriation includes $155,000 for 1997 and 12.13 $1,409,000 for 1998. 12.14 The 1999 appropriation includes $156,000 for 1998 and 12.15 $1,457,000 for 1999. 12.16 Any balance in the first year does not cancel but is 12.17 available in the second year. 12.18 Subd. 5. [WAY TO GROW.] For grants for existing way to 12.19 grow programs according to Minnesota Statutes, section 121.835: 12.20 $500,000 ..... 1998 12.21 $500,000 ..... 1999 12.22 Any balance in the first year does not cancel but is 12.23 available in the second year. 12.24 Subd. 6. [PART H.] For the department of children, 12.25 families, and learning's share of the state's obligation under 12.26 Part H according to Minnesota Statutes, section 120.1701: 12.27 $400,000 ..... 1998 12.28 Any balance in the first year does not cancel but is 12.29 available in the second year. 12.30 Subd. 7. [EARLY CHILDHOOD FAMILY EDUCATION INFANT 12.31 DEVELOPMENT GRANTS.] For grants to early childhood family 12.32 education programs under Minnesota Statutes, section 121.882, to 12.33 fund initiatives under section 13: 12.34 $2,000,000 ..... 1998 12.35 Any balance in the first year does not cancel but is 12.36 available in the second year. This is a one-time appropriation 13.1 and is not to be added to the permanent base. 13.2 Subd. 8. [EARLY CHILDHOOD COLLABORATION GRANTS.] For 13.3 grants to combine early childhood education services: 13.4 $80,000 ..... 1998 13.5 Of this amount, $50,000 is for a grant to Itasca county for 13.6 the Greenway Readiness Program. The program must include a 13.7 half-day readiness program for four year olds, an early 13.8 childhood component, and a resource center. 13.9 Of this amount, $30,000 is for a grant to independent 13.10 school district No. 544, Fergus Falls, to study ways to combine 13.11 all early learning programs and to fund those programs. 13.12 This appropriation is available until expended. 13.13 Subd. 9. [CHILD GUIDE PREVENTION PROGRAM.] For the 13.14 southwest and west central service cooperative to operate the 13.15 Willmar child guide prevention program for children in 13.16 kindergarten through grade 8 in independent school district No. 13.17 347, Willmar: 13.18 $250,000 ..... 1998 13.19 Subd. 10. [EARLY CHILDHOOD TECHNOLOGY GRANTS.] For early 13.20 childhood technology grants under section 15: 13.21 $100,000 ..... 1998 13.22 Sec. 18. [REPORT SUNSET.] 13.23 Beginning September 15, 1997, the requirement to submit the 13.24 following reports expires: 13.25 (1) child abuse prevention trust fund disbursement plan 13.26 under Minnesota Statutes, section 119A.13; 13.27 (2) child care system report under Minnesota Statutes, 13.28 section 119B.24; 13.29 (3) community crime reduction report under Minnesota 13.30 Statutes, section 119A.31; 13.31 (4) administrative duties report under Minnesota Statutes, 13.32 section 119A.31; 13.33 (5) progress report on male responsibility grants under 13.34 Minnesota Statutes, section 126.84; 13.35 (6) school-linked services report under Minnesota Statutes, 13.36 section 256.995; 14.1 (7) state drug strategy under Minnesota Statutes, section 14.2 119A.26; 14.3 (8) chemical abuse and violence prevention council report 14.4 under Minnesota Statutes, section 119A.28; 14.5 (9) violence prevention grant report under Minnesota 14.6 Statutes, section 126.78; and 14.7 (10) Head Start report under Minnesota Statutes, section 14.8 268.917. 14.9 Sec. 19. [REPEALER.] 14.10 Minnesota Statutes 1996, section 268.913, subdivision 5, is 14.11 repealed. 14.12 Sec. 20. [EFFECTIVE DATE.] 14.13 Sections 1 and 2 apply to the 1997-1998 school year and 14.14 thereafter. 14.15 Section 8 (124.2711, subdivision 2a) is effective for 14.16 revenue for fiscal year 1999. 14.17 ARTICLE 2 14.18 COMMUNITY PROGRAMS AND PREVENTION 14.19 Section 1. [119A.08] [NEIGHBORHOOD-BASED SERVICES FOR 14.20 CHILDREN AND FAMILIES.] 14.21 Subdivision 1. [PILOT PROJECTS AUTHORIZED.] The 14.22 commissioner of children, families, and learning shall establish 14.23 a program to provide stipends to at least two pilot projects for 14.24 the delivery and brokering of services through family service 14.25 collaboratives and neighborhood-based community organizations. 14.26 The projects must be selected no later than September 1, 1997. 14.27 Subd. 2. [FAMILY SERVICE COLLABORATIVE; PILOT.] A family 14.28 service collaborative under section 121.8355 may apply to the 14.29 commissioner to participate in the pilot projects. The 14.30 commissioner shall select two family service collaboratives to 14.31 implement the pilot project in one or more specified geographic 14.32 areas. One collaborative must implement a pilot project in the 14.33 seven-county metropolitan area and one must be located in an 14.34 outstate community. The commissioner shall select the 14.35 collaboratives by September 1, 1997. The selected 14.36 collaboratives must implement the stipend program through family 15.1 service centers and community groups that are eligible under 15.2 subdivision 3, and that apply under subdivision 4. 15.3 Subd. 3. [ELIGIBLE ORGANIZATIONS.] To be eligible to 15.4 participate in the community services stipend program under this 15.5 section, an organization must be a family service center or 15.6 other community group that: 15.7 (1) has strong ties to a local neighborhood; 15.8 (2) represents the diverse residents of the neighborhood; 15.9 and 15.10 (3) has a history of providing services in the neighborhood. 15.11 Subd. 4. [APPLICATION.] (a) An application to participate 15.12 in the community services stipend program must be submitted to 15.13 the family service collaborative and must contain the following: 15.14 (1) a description of all of the geographic areas that the 15.15 organization intends to serve and information to demonstrate 15.16 that the applicant group has established a significant presence 15.17 in these areas; 15.18 (2) demonstrated knowledge of the needs of the children and 15.19 families in the geographic area; 15.20 (3) a list of services to be provided; 15.21 (4) anticipated costs and proposed resources for each 15.22 service; 15.23 (5) outcomes the services are designed to achieve; and 15.24 (6) the proposed amount of the stipend for each service to 15.25 be provided. 15.26 (b) The maximum stipend for any one service is $200. The 15.27 applicant must list the proposed stipend amounts in an 15.28 outcomes-based format. 15.29 Subd. 5. [ELIGIBLE ACTIVITIES.] A participating center or 15.30 group is eligible for a stipend whenever the center or group has 15.31 delivered, or arranged for delivery of, any of the following 15.32 needed services as listed in its original application to the 15.33 collaborative in the stated amounts which should fall within the 15.34 following ranges: 15.35 (1) identifying and assisting family members who lack a 15.36 high school diploma to attend GED classes and achieve the 16.1 outcome of successfully completing GED requirements, $150; 16.2 (2) assisting family members with English as a second 16.3 language skill building or citizenship classes, $100; 16.4 (3) assisting family members with English as a second 16.5 language skill building or citizenship classes and achieve the 16.6 outcome of successfully passing the citizenship test, $200; 16.7 (4) assisting a family to access early childhood family 16.8 education programs, $20; 16.9 (5) identifying a family that has not obtained the 16.10 recommended childhood immunizations for its children and 16.11 assisting the family to obtain the immunizations, $20; 16.12 (6) assisting a family in need of child care to find 16.13 suitable child care, $10; 16.14 (7) assisting in crime prevention by involving children 16.15 from needy families in after school enrichment activities and 16.16 sustaining their involvement for a substantial period, $150; 16.17 (8) assisting in crime prevention by providing truancy 16.18 prevention activities and reducing truancy in the geographic 16.19 area, $200; 16.20 (9) assisting a family by providing one or more home visits 16.21 to families of newborn infants to provide information and 16.22 support for new parents, $50; 16.23 (10) finding and providing a tutor for an academically 16.24 under-achieving child, $20; 16.25 (11) being a tutor and achieving the outcome of better 16.26 school performance, $200; and 16.27 (12) being a tutor but not achieving the desired outcome, 16.28 $100. 16.29 With the approval of the collaborative, a participating 16.30 organization may add additional similar services to its list of 16.31 eligible activities. 16.32 Subd. 6. [PAYMENT OF STIPENDS.] A center or group selected 16.33 for participation in the delivery of needed services stipend 16.34 program is eligible to receive the specified stipend for each 16.35 eligible activity which is provided to an eligible recipient. 16.36 Requests for reimbursement must be submitted to the 17.1 collaborative group within 60 days of the date that the eligible 17.2 activity is completed. Participating centers and groups may use 17.3 the stipend money received from the commissioner to provide the 17.4 services listed in subdivision 5 or for any legitimate and 17.5 worthwhile purpose. Expenditures must be documented and the 17.6 documentation submitted to the collaborative on a quarterly 17.7 basis. A collaborative that receives a grant under this section 17.8 shall establish procedures to ensure the quality of the services 17.9 paid for with grant funds and to monitor the delivery of 17.10 services. 17.11 Sec. 2. Minnesota Statutes 1996, section 119A.31, 17.12 subdivision 1, is amended to read: 17.13 Subdivision 1. [PROGRAMS.] The commissioner shall, in 17.14 consultation with the chemical abuse and violence prevention 17.15 council, administer a grant program to fund community-based 17.16 programs that are designed to enhance the community's sense of 17.17 personal security and to assist the community in its crime 17.18 control and prevention efforts. Examples of qualifying programs 17.19 include, but are not limited to, the following: 17.20 (1) community-based programs designed to provide services 17.21 for children aged 8 to 13 who are juvenile offenders or who are 17.22 at risk of becoming juvenile offenders. The programs must give 17.23 priority to: 17.24 (i) juvenile restitution; 17.25 (ii) prearrest or pretrial diversion, including through 17.26 mediation; 17.27 (iii) probation innovation; 17.28 (iv) teen courts, community service; or 17.29 (v) post incarceration alternatives to assist youth in 17.30 returning to their communities; 17.31 (2) community-based programs designed to provide at-risk 17.32 children and youth aged 8 to 13 with after-school and summer 17.33 enrichment activities; 17.34 (3) community-based programs designed to discourage young 17.35 people from involvement in unlawful drug or street gang 17.36 activities such as neighborhood youth centers; 18.1 (4) neighborhood block clubs and innovative community-based 18.2 crime prevention programs; 18.3 (5) community- and school-based programs designed to enrich 18.4 the educational, cultural, or recreational opportunities of 18.5 at-risk children and youth, including programs designed to keep 18.6 at-risk youth from dropping out of school and encourage school 18.7 dropouts to return to school; 18.8 (6) community-based programs designed to intervene with 18.9 juvenile offenders who are identified as likely to engage in 18.10 repeated criminal activity in the future unless intervention is 18.11 undertaken; 18.12 (7) community-based collaboratives that coordinate multiple 18.13 programs and funding sources to address the needs of at-risk 18.14 children and youth, including, but not limited to, 18.15 collaboratives that address the continuum of services for 18.16 juvenile offenders and those who are at risk of becoming 18.17 juvenile offenders; 18.18 (8) programs that are proven successful at increasing the 18.19 rate of school success or the rate of post-secondary education 18.20 attendance for high-risk students; 18.21 (9) community-based programs that provide services to 18.22 homeless youth; 18.23 (10) programs designed to reduce truancy;and18.24 (11) community-based programs that attempt to prevent and 18.25 ameliorate the effects of teenage prostitution; and 18.26 (12) other community- and school-based crime prevention 18.27 programs that are innovative and encourage substantial 18.28 involvement by members of the community served by the program. 18.29 Sec. 3. Minnesota Statutes 1996, section 119A.31, 18.30 subdivision 2, is amended to read: 18.31 Subd. 2. [GRANT PROCEDURE.] A local unit of governmentor, 18.32 a nonprofit community-based entity, or a community violence 18.33 prevention council may apply for a grant by submitting an 18.34 application with the commissioner. The applicant shall specify 18.35 the following in its application: 18.36 (1) a description of each program for which funding is 19.1 sought; 19.2 (2) outcomes and performance indicators for the program; 19.3 (3) a description of the planning process that identifies 19.4 local community needs, surveys existing programs, provides for 19.5 coordination with existing programs, and involves all affected 19.6 sectors of the community; 19.7 (4) the geographical area to be served by the program; 19.8 (5) statistical information as to the number of arrests in 19.9 the geographical area for violent crimes and for crimes 19.10 involving schedule I and II controlled substances. "Violent 19.11 crime" includes a violation of or an attempt or conspiracy to 19.12 violate any of the following laws: sections 609.185; 609.19; 19.13 609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 19.14 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 19.15 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 19.16 609.268; 609.342; 609.343; 609.344; 609.345; 609.498, 19.17 subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 19.18 609.687; or any provision of chapter 152 that is punishable by a 19.19 maximum sentence greater than ten years; and 19.20 (6) the number of economically disadvantaged youth in the 19.21 geographical areas to be served by the program. 19.22 The commissioner shall give priority to funding 19.23 community-based collaboratives, programs that demonstrate 19.24 substantial involvement by members of the community served by 19.25 the program and programs that either serve the geographical 19.26 areas that have the highest crime rates, as measured by the data 19.27 supplied under clause (4), or serve geographical areas that have 19.28 the largest concentrations of economically disadvantaged youth. 19.29 Up to 2.5 percent of the appropriation may be used by the 19.30 commissioner to administer the program. 19.31 Sec. 4. Minnesota Statutes 1996, section 121.88, 19.32 subdivision 1, is amended to read: 19.33 Subdivision 1. [AUTHORIZATION.] Each school board may 19.34 initiate a community education program in its district and 19.35 provide for the general supervision of the program. Each board 19.36 may, as it considers appropriate, employ community education 20.1directors and coordinatorsstaff to further the purposes of the 20.2 community education program. 20.3 Sec. 5. Minnesota Statutes 1996, section 121.88, is 20.4 amended by adding a subdivision to read: 20.5 Subd. 2a. [COMMUNITY EDUCATION DIRECTOR.] (a) Except as 20.6 provided under paragraphs (b) and (c), each board shall employ a 20.7 licensed community education director. The board shall submit 20.8 the name of the person who is serving as director of community 20.9 education under this section on the district's annual community 20.10 education report to the commissioner. 20.11 (b) A board may apply to the commissioner of children, 20.12 families, and learning under Minnesota Rules, part 3512.3500, 20.13 subpart 9, for authority to use an individual who is not 20.14 licensed as a community education director. 20.15 (c) A board of a district with a total population of 2,000 20.16 or less may identify an employee who holds a valid Minnesota 20.17 principal or superintendent license under Minnesota Rules, 20.18 chapter 3512, to serve as director of community education. To 20.19 be eligible for an exception under this paragraph, the board 20.20 shall certify in writing to the commissioner that the district 20.21 has not placed a licensed director of community education on 20.22 unrequested leave. 20.23 Sec. 6. Minnesota Statutes 1996, section 121.88, 20.24 subdivision 10, is amended to read: 20.25 Subd. 10. [EXTENDED DAY PROGRAMS.] (a) A school board may 20.26 offer, as part of a community education program, an extended day 20.27 program for children from kindergarten through grade 6 for the 20.28 purpose of expanding students' learning opportunities. A 20.29 program must include the following: 20.30 (1) adult supervised programs while school is not in 20.31 session; 20.32 (2) parental involvement in program design and direction; 20.33 (3) partnerships with the K-12 system, and other public, 20.34 private, or nonprofit entities; and 20.35 (4) opportunities for trained secondary school pupils to 20.36 work with younger children in a supervised setting as part of a 21.1 community service program. 21.2 (b) To maximize the educational, recreational, and social 21.3 development of participating students, the district must provide 21.4 adequate space for the extended day program during the school 21.5 year, on release days, and during the summer. The district must 21.6 provide the program with access to adequate facilities and 21.7 equipment, including access to the gymnasium, cafeteria, art 21.8 rooms, computer laboratories, and the library, if these are 21.9 available. The district and the program must coordinate a 21.10 reasonable schedule for shared facilities and equipment, and 21.11 shared responsibility for facilities used by the program. 21.12 (c) The district may charge a sliding fee based upon family 21.13 income for extended day programs. The district may receive 21.14 money from other public or private sources for the extended day 21.15 program. The school board of the district shall develop 21.16 standards for school age child care programs. Districts with 21.17 programs in operation before July 1, 1990, must adopt standards 21.18 before October 1, 1991. All other districts must adopt 21.19 standards within one year after the district first offers 21.20 services under a program authorized by this subdivision. The 21.21 state board of education may not adopt rules for extended day 21.22 programs. 21.23 (d) The district shall maintain a separate account within 21.24 the community services fund for all funds related to the 21.25 extended day program. All funds related to the extended day 21.26 program must be used solely for the purpose of the extended day 21.27 program. 21.28 Sec. 7. Minnesota Statutes 1996, section 124.2713, 21.29 subdivision 6, is amended to read: 21.30 Subd. 6. [COMMUNITY EDUCATION LEVY.] To obtain community 21.31 education revenue, a district may levy the amount raised by a 21.32 tax rate of1.11.08 percent times the adjusted net tax capacity 21.33 of the district. If the amount of the community education levy 21.34 would exceed the community education revenue, the community 21.35 education levy shall be determined according to subdivision 6a. 21.36 Sec. 8. Minnesota Statutes 1996, section 124.2713, 22.1 subdivision 8, is amended to read: 22.2 Subd. 8. [USES OF GENERAL REVENUE.] (a) General community 22.3 education revenue may be used for: 22.4 (1) nonvocational, recreational, and leisure time 22.5 activities and programs; 22.6 (2) programs for adults with disabilities, if the programs 22.7 and budgets are approved by the department of children, 22.8 families, and learning; 22.9 (3) adult basic education programs, according to section 22.10 124.26; 22.11 (4) summer programs for elementary and secondary pupils; 22.12 (5) implementation of a youth development plan; 22.13 (6) implementation of a youth service program; 22.14 (7) early childhood family education programs, according to 22.15 section 121.882; and 22.16 (8) extended day programs, according to section 121.88, 22.17 subdivision 10. 22.18 (9) In addition to money from other sources, a district may 22.19 use up to ten percent of its community education revenue for 22.20 equipment that is used exclusively in community education 22.21 programs. This revenue may be used only for the following 22.22 purposes: 22.23 (i) to purchase or lease computers and related materials; 22.24 (ii) to purchase or lease equipment for instructional 22.25 programs; and 22.26 (iii) to purchase textbooks and library books. 22.27 (b) General community education revenue must not be used to 22.28 subsidize the direct activity costs for adult enrichment 22.29 programs. Direct activity costs include, but are not limited 22.30 to, the cost of the activity leader or instructor, cost of 22.31 materials, or transportation costs. 22.32 Sec. 9. Minnesota Statutes 1996, section 124.2716, 22.33 subdivision 3, is amended to read: 22.34 Subd. 3. [EXTENDED DAY LEVY.] To obtain extended day 22.35 revenue, a school district may levy an amount equal to the 22.36 district's extended day revenue as defined in subdivision 2 23.1 multiplied by the lesser of one, or the ratio of the quotient 23.2 derived by dividing the adjusted net tax capacity of the 23.3 district for the year before the year the levy is certified by 23.4 the actual pupil units in the district for the school year to 23.5 which the levy is attributable, to$3,700$3,800. 23.6 Sec. 10. Laws 1996, chapter 463, section 4, subdivision 2, 23.7 as amended by Laws 1997, chapter 3, section 1, is amended to 23.8 read: 23.9 Subd. 2. Youth Initiative Grants 16,000,000 23.10 For grants to local government units to 23.11 design, furnish, equip, acquire, 23.12 demolish, repair, replace, or construct 23.13 parksand, recreation buildings and 23.14 school buildings to provide youth, with 23.15 preference for youth in grades four 23.16 through eight, with regular enrichment 23.17 activities during nonschool hours, 23.18 including after school, evenings, 23.19 weekends, and school vacation periods, 23.20 and that will provide equal access and 23.21 programming for girls. The buildings 23.22 may be leased to nonprofit community 23.23 organizations, subject to Minnesota 23.24 Statutes, section 16A.695, for the same 23.25 purposes. Enrichment programs include 23.26 academic enrichment, homework 23.27 assistance, computer and technology 23.28 use, arts and cultural activities, 23.29 clubs, school-to-work and work force 23.30 development, athletic, and recreational 23.31 activities. Grants must be used to 23.32 expand the number of children 23.33 participating in enrichment programs or 23.34 improve the quality or range of program 23.35 offerings. The facilities must be 23.36 fully available for programming 23.37 sponsored by youth-serving nonprofit 23.38 and community groups, or school, 23.39 county, or city programs, for maximum 23.40 hours after school, evenings, weekends, 23.41 summers, and other school vacation 23.42 periods. Priority must be given to 23.43 proposals that demonstrate 23.44 collaboration among private, nonprofit, 23.45 and public agencies, including regional 23.46 entities dealing with at-risk youth, 23.47 and community and parent organizations 23.48 in arranging for programming, staffing, 23.49 transportation, and equipment. All 23.50 proposals must include an inventory of 23.51 existing facilities and an assessment 23.52 of programming needs in the community. 23.53 (a) Enrichment grants within the 23.54 city of Minneapolis 5,000,000 23.55 Of this amount, at least $2,500,000 23.56 must be used in the neighborhoods of 23.57 the Near North, Hawthorne, Sumner- 23.58 Glenwood-Harrison, Powderhorn, Central, 23.59 Whittier, and Phillips. 24.1 (b) Enrichment grants within the 24.2 city of St. Paul 5,000,000 24.3 Of this amount, at least $2,500,000 24.4 must be used in the neighborhoods of 24.5 Summit-University, Thomas-Dale, North 24.6 End, Payne-Phalen, Daytons Bluff, and 24.7 the West Side. 24.8 The remaining $2,500,000 is available 24.9 citywide, with priority for some of the 24.10 remaining amount given to proposals by 24.11 public/private partnerships currently 24.12 offering after-school enrichment 24.13 programs in low-income areas in 24.14 conjunction with a neighborhood-based 24.15 organization. Up to $100,000 of the 24.16 remaining $2,500,000 may be used to 24.17 develop urban sports facilities for 24.18 at-risk inner city youth, including 24.19 those older than eighth grade. 24.20 (c) Enrichment grants outside 24.21 of the cities of Minneapolis 24.22 and St. Paul 6,000,000 24.23 Priority must be given to school 24.24 attendance areas with high 24.25 concentrations of children eligible for 24.26 free or reduced school lunch and to 24.27 government units demonstrating a 24.28 commitment to collaborative youth 24.29 efforts. 24.30 $500,000 is to the city of Bloomington 24.31 for after school enrichment activities 24.32 in the northeast Bloomington study area. 24.33 The commissioner of children, families, 24.34 and learning must make a grant of at 24.35 least $1,000,000 to a school district 24.36 that is a part of a collaborative 24.37 effort that has at least two other 24.38 school districts, is multicultural and 24.39 multijurisdictional, and has previously 24.40 received a facility planning grant for 24.41 collaborative purposes. 24.42 (d) Each grant must be matched by $1 24.43 from local sources for each $2 of state 24.44 money. In-kind contributions of 24.45 facilities may be used for the local 24.46 match. The value of in-kind 24.47 contributions must be determined by the 24.48 commissioner of finance. 24.49 (e) Preference must be given to 24.50 projects for which at least ten percent 24.51 of the youth initiative grant is 24.52 expended using youthbuild under 24.53 Minnesota Statutes, sections 268.361 to 24.54 268.367, or other youth employment and 24.55 training programs, for the labor 24.56 portion of the construction. Eligible 24.57 programs must consult with appropriate 24.58 labor organizations to deliver 24.59 education and training. 24.60 Sec. 11. [MINNESOTA ADOLESCENT PARENTING PROGRAM GRANT.] 24.61 Subdivision 1. [ESTABLISHMENT.] A grant program is 25.1 established to provide school-based, comprehensive 25.2 community-linked programs for ensuring the long-term 25.3 self-sufficiency of adolescent families and the development and 25.4 school readiness of their children. 25.5 Subd. 2. [GOALS.] The goals of the adolescent parenting 25.6 grant programs are to: 25.7 (1) assist pregnant and parenting adolescents to make 25.8 significant gains in school attendance, attainment of state 25.9 graduation standards, and acquisition of school-to-career 25.10 skills; 25.11 (2) prevent child abuse and neglect by improving the 25.12 parenting and communication skills of pregnant and parenting 25.13 adolescents; 25.14 (3) reduce long-term welfare dependency among adolescent 25.15 parents; and 25.16 (4) improve the outcomes for adolescent parents and their 25.17 children in the number of healthy births; cognitive, social, 25.18 linguistic, and emotional development; immunization rates; and 25.19 school readiness. 25.20 Subd. 3. [ELIGIBLE STUDENTS.] The following students are 25.21 eligible for support services under the adolescent parenting 25.22 grant program: 25.23 (1) any student enrolled in a school district with an 25.24 approved adolescent parenting program who is age 21 or younger 25.25 and who is an expectant parent, custodial parent, or 25.26 noncustodial parent; and 25.27 (2) any child of a student as defined in clause (1) who is 25.28 under the age of five and is not yet enrolled in kindergarten. 25.29 Subd. 4. [GRANT APPLICATION.] A school district, group of 25.30 school districts, alternative learning programs approved by the 25.31 commissioner, or family service collaboratives may apply for an 25.32 adolescent parenting program grant to the commissioner of 25.33 children, families, and learning. The application must include 25.34 a detailed description of the program, including a description 25.35 of the population to be served by the program, a description of 25.36 the community agency or agencies collaborating with the site to 26.1 provide support services, an explanation of how each of the 26.2 program components will contribute to achieving program 26.3 outcomes, the number of pupils to be served by the pilot 26.4 program, a detailed budget that demonstrates the capacity to 26.5 achieve the program's goals, and a comprehensive evaluation plan 26.6 for measuring progress toward achieving the program's goals. 26.7 Subd. 5. [PROGRAM COMPONENTS.] An adolescent parenting 26.8 program must include: 26.9 (1) a high quality educational program provided in the 26.10 least restrictive environment that includes strategies to ensure 26.11 access to educational services, including flexible attendance 26.12 policies and class scheduling, and grants academic credit for 26.13 all work completed; 26.14 (2) to the extent possible, collaboration with other 26.15 governmental agencies and community-based organizations to 26.16 provide on-site support services, including child care; 26.17 (3) an individualized learning plan for each eligible 26.18 student that includes career goals; 26.19 (4) assurance of compliance with requirements of Public Law 26.20 Number 92-318, title IX, prohibiting discrimination against 26.21 students due to their pregnant or parenting status; 26.22 (5) courses in parent education and life skills; 26.23 (6) accountability measures for student performance linked 26.24 to graduation standards; 26.25 (7) professional development opportunities on adolescent 26.26 pregnancy and parenting issues and strategies to achieve 26.27 academic success with this student population; 26.28 (8) a system to document that adolescent parenting and 26.29 prevention support funds were used to provide support services 26.30 to eligible students; 26.31 (9) a system for collecting and reporting specific student 26.32 data, including goals and outcome measurements; and 26.33 (10) a program advisory council, which may consist of an 26.34 existing local council. 26.35 Sec. 12. [APPROPRIATIONS.] 26.36 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 27.1 LEARNING.] The sums indicated in this section are appropriated 27.2 from the general fund to the department of children, families, 27.3 and learning for the fiscal years designated. 27.4 Subd. 2. [FAMILY COLLABORATIVES.] For family 27.5 collaboratives according to Laws 1995, First Special Session 27.6 chapter 3, article 4, section 29, subdivision 10: 27.7 $7,500,000 ..... 1998 27.8 $7,500,000 ..... 1999 27.9 Of the appropriation, $150,000 each year is for grants 27.10 targeted to assist in providing collaborative children's library 27.11 service programs. To be eligible, a family collaborative grant 27.12 recipient must collaborate with at least one public library and 27.13 one children's or family organization. The public library must 27.14 involve the regional public library system and multitype library 27.15 system to which it belongs in the planning and provide for an 27.16 evaluation of the program. 27.17 No more than 2.5 percent of the appropriation is available 27.18 to the state to administer and evaluate the grant program. 27.19 Any balance in the first year does not cancel but is 27.20 available in the second year. 27.21 Subd. 3. [COMMUNITY EDUCATION AID.] For community 27.22 education aid according to Minnesota Statutes, section 124.2713: 27.23 $1,828,000 ..... 1998 27.24 $1,619,000 ..... 1999 27.25 The 1998 appropriation includes $237,000 for 1997 and 27.26 $1,591,000 for 1998. 27.27 The 1999 appropriation includes $176,000 for 1998 and 27.28 $1,443,000 for 1999. 27.29 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 27.30 adults with disabilities programs according to Minnesota 27.31 Statutes, section 124.2715: 27.32 $770,000 ..... 1998 27.33 $770,000 ..... 1999 27.34 Any balance in the first year does not cancel but is 27.35 available in the second year. 27.36 Of this amount, $100,000 each year may be used to pilot 28.1 programs in five regions of the state that currently have no 28.2 programs for adults with disabilities. These programs may not 28.3 levy for fiscal year 1999 or later. Of this amount, $200,000 is 28.4 a one-time appropriation and is not to be added to the permanent 28.5 base. 28.6 Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for 28.7 hearing-impaired adults according to Minnesota Statutes, section 28.8 121.201: 28.9 $70,000 ..... 1998 28.10 $70,000 ..... 1999 28.11 Any balance in the first year does not cancel but is 28.12 available in the second year. 28.13 Subd. 6. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 28.14 violence prevention education grants: 28.15 $1,575,000 ..... 1998 28.16 $1,575,000 ..... 1999 28.17 Of the amount each year, $75,000 is for community violence 28.18 prevention councils which is not an increase in the base level 28.19 appropriation, and $50,000 is for program administration. 28.20 Any balance in the first year does not cancel but is 28.21 available in the second year. 28.22 Subd. 7. [MALE RESPONSIBILITY.] For male responsibility 28.23 grants: 28.24 $250,000 ..... 1998 28.25 $250,000 ..... 1999 28.26 The commissioner of children, families, and learning may 28.27 enter into cooperative agreements with the commissioner of human 28.28 services to access federal money for child support and paternity 28.29 education programs. 28.30 Any balance in the first year does not cancel but is 28.31 available in the second year. 28.32 Subd. 8. [ABUSED CHILDREN.] For abused children programs 28.33 according to Minnesota Statutes, section 119A.21: 28.34 $1,048,000 ..... 1998 28.35 $1,079,000 ..... 1999 28.36 Any balance in the first year does not cancel but is 29.1 available in the second year. 29.2 Subd. 9. [DRUG POLICY AND VIOLENCE PREVENTION PROGRAMS.] 29.3 For drug policy, violence prevention, and family visitation 29.4 programs: 29.5 $3,412,000 ..... 1998 29.6 $3,480,000 ..... 1999 29.7 Any balance in the first year does not cancel but is 29.8 available in the second year. 29.9 Subd. 10. [CHILDREN'S TRUST FUND.] For children's trust 29.10 fund according to Minnesota Statutes, sections 119A.12 and 29.11 119A.13: 29.12 $247,000 ..... 1998 29.13 $247,000 ..... 1999 29.14 Any balance in the first year does not cancel but is 29.15 available in the second year. 29.16 Subd. 11. [AFTER SCHOOL ENRICHMENT GRANTS.] For after 29.17 school enrichment grants according to Laws 1996, chapter 412, 29.18 article 4, section 30: 29.19 $6,029,000 ..... 1998 29.20 $6,029,000 ..... 1999 29.21 The commissioner may use up to five percent of this 29.22 appropriation to provide technical assistance and evaluation to 29.23 community organizations. 29.24 Any balance in the first year does not cancel but is 29.25 available in the second year. 29.26 For fiscal year 1998, the commissioner may award grantees 29.27 one additional year of funding up to the grant award in fiscal 29.28 year 1997. Additional appropriations in fiscal year 1998 and 29.29 fiscal year 1999 must be used to award grants on a competitive 29.30 basis. 29.31 Subd. 12. [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with 29.32 funds received under Minnesota Statutes, section 171.29, 29.33 subdivision 2, paragraph (b), clause (4): 29.34 $314,000 ..... 1998 29.35 $314,000 ..... 1999 29.36 (b) These appropriations are from the alcohol-impaired 30.1 driver account of the special revenue fund. Any funds credited 30.2 for the department of children, families, and learning to the 30.3 alcohol-impaired driver account of the special revenue fund in 30.4 excess of the amounts appropriated in this subdivision are 30.5 appropriated to the department of children, families, and 30.6 learning and available in fiscal year 1998 and fiscal year 1999. 30.7 (c) Up to $226,000 each year may be used by the department 30.8 of children, families, and learning to contract for services to 30.9 school districts stressing the dangers of driving after 30.10 consuming alcohol. No more than five percent of this amount may 30.11 be used for administrative costs by the contract recipients. 30.12 (d) Up to $88,000 each year may be used for grants to 30.13 support student-centered programs to discourage driving after 30.14 consuming alcohol. 30.15 Subd. 13. [CHEMICAL ABUSE PREVENTION GRANTS.] (a) For 30.16 grants with funds received under Minnesota Statutes, section 30.17 171.29, subdivision 2, paragraph (b), clause (4): 30.18 $200,000 ..... 1998 30.19 $200,000 ..... 1999 30.20 (b) These appropriations are from the chemical abuse 30.21 prevention account of the special revenue fund. Any funds 30.22 credited for the department of children, families, and learning 30.23 to the chemical abuse account of the special revenue fund in 30.24 excess of the amounts appropriated in this subdivision are 30.25 appropriated to the department of children, families, and 30.26 learning and are available in fiscal year 1998 and fiscal year 30.27 1999. 30.28 (c) Of these amounts, up to $300,000 is for a grant to 30.29 provide a match for a community collaborative project for 30.30 children and youth developed by a regional organization 30.31 established under Minnesota Statutes, section 116J.415, to 30.32 receive rural development challenge grants in fiscal years 1998 30.33 and 1999 only. 30.34 The regional organization must include a broad 30.35 cross-section of public and private sector community 30.36 representatives to develop programs, services, or facilities to 31.1 address specific community needs of children and youth. 31.2 The regional organization that receives a grant must 31.3 provide a two-to-one match of nonstate dollars. 31.4 Subd. 14. [EXTENDED DAY AID.] For extended day aid 31.5 according to Minnesota Statutes, section 124.2716: 31.6 $347,000 ..... 1998 31.7 $304,000 ..... 1999 31.8 The 1998 appropriation includes $37,000 for 1997 and 31.9 $310,000 for 1998. 31.10 The 1999 appropriation includes $34,000 for 1998 and 31.11 $270,000 for 1999. 31.12 Subd. 15. [NEIGHBORHOOD-BASED SERVICES.] For the pilot 31.13 projects in neighborhood-based services under Minnesota 31.14 Statutes, section 119A.08: 31.15 $50,000 ..... 1998 31.16 Subd. 16. [ADOLESCENT PARENTING GRANT.] For adolescent 31.17 parenting grants under section 1: 31.18 $800,000 ..... 1998 31.19 Any balance the first year does not cancel but is available 31.20 in the second year. This money is available for 1998-1999 31.21 only. Up to $550,000 is for grants to Minnesota school 31.22 districts, area learning centers, or family service 31.23 collaboratives for adolescent parenting services. The 31.24 commissioner must include in the criteria for grant awards the 31.25 number of enrolled students who are custodial, noncustodial, or 31.26 expectant parents. A grant to a single school site may not 31.27 exceed $50,000. 31.28 Up to $250,000 is for grants to school-based early 31.29 childhood programs in Minnesota school districts for services to 31.30 children of adolescent parents who remain enrolled in a public 31.31 school district. 31.32 A grant to a single early childhood site may not exceed 31.33 $25,000. 31.34 The commissioner shall make grants under this section to 31.35 two metropolitan area school districts and at least two 31.36 nonmetropolitan adolescent parenting programs. 32.1 Where applicable, the department shall assure the 32.2 coordination of male responsibility grants, the Minnesota 32.3 adolescent parenting program, ENABL, and any federal resources 32.4 available to serve pregnant or parenting adolescents or programs 32.5 for the prevention of pregnancy. Pregnancy prevention means to 32.6 prevent pregnancies from occurring, and does not include 32.7 abortion referral or services. 32.8 Subd. 17. [YOUTH OUTREACH SERVICES.] For the Meadowbrook 32.9 collaborative housing project in St. Louis Park to provide 32.10 educational and recreational services for youth at risk through 32.11 the development of formal after school programming and weekend 32.12 youth activities. These funds shall be available to assist in 32.13 staffing and programming to reduce truancy, develop assets for 32.14 youth at risk, and mentoring with adults: 32.15 $25,000 ..... 1998 32.16 Subd. 18. [EARLY INTERVENTION PROGRAM.] For continued 32.17 implementation of the crime prevention, targeted early 32.18 intervention program established in Laws 1995, chapter 226, 32.19 article 3, section 62: 32.20 $200,000 ..... 1998 32.21 $200,000 ..... 1999 32.22 Any balance in the first year does not cancel, but is 32.23 available in the second year. 32.24 The commissioner of children, families, and learning is 32.25 responsible for continuation of the targeted early intervention 32.26 program. The commissioner of children, families, and learning 32.27 shall report findings and recommendations to the legislature 32.28 annually on the standards and model programming developed under 32.29 the demonstration project to guide the design of targeted early 32.30 intervention services to prevent crime and delinquency. 32.31 Subd. 19. [LITTLE EARTH EARLY LEARNING CENTER.] For a 32.32 matching grant to the Little Earth Residents Association for 32.33 programming in the Neighborhood Early Learning Center: 32.34 $250,000 ..... 1998 32.35 Each dollar of grant funds must be matched by a dollar of 32.36 nonstate money. 33.1 Subd. 20. [CAREER AND TRAINING GRANT.] For a grant to the 33.2 Total Solutions Group University and Summit Academy OIC for the 33.3 purpose of providing youth and adult career and technology 33.4 oriented training and education at the Northside Career and 33.5 Technology Center. 33.6 $178,000 ..... 1998 33.7 This appropriation does not cancel but is available until 33.8 spent. 33.9 Sec. 13. [LEAD HAZARD REDUCTION.] 33.10 For the lead hazard reduction program in Minnesota 33.11 Statutes, section 268.92: 33.12 $200,000 ..... 1998 33.13 The appropriation is available for the biennium ending June 33.14 30, 1999. 33.15 Of this amount $50,000 is for a grant to the city of St. 33.16 Louis Park to conduct lead testing and clean up in the 33.17 residential neighborhoods contaminated by an industrial lead 33.18 site. 33.19 ARTICLE 3 33.20 SELF-SUFFICIENCY PROGRAMS 33.21 Section 1. Minnesota Statutes 1996, section 119A.01, 33.22 subdivision 3, is amended to read: 33.23 Subd. 3. [PURPOSE.] The purpose in creating the department 33.24 is to increase the capacity of Minnesota communities to 33.25 measurably improve the well-being of children and families by: 33.26 (1) coordinating and integrating state funded and locally 33.27 administered family and children programs; 33.28 (2) improving flexibility in the design, funding, and 33.29 delivery of programs affecting children and families; 33.30 (3) providing greater focus on strategies designed to 33.31 prevent problems affecting the well-being of children and 33.32 families; 33.33 (4) enhancing local decision making, collaboration, and the 33.34 development of new governance models; 33.35 (5) improving public accountability through the provision 33.36 of research, information, and the development of measurable 34.1 program outcomes; 34.2 (6) increasing the capacity of communities to respond to 34.3 the whole child by improving the ability of families to gain 34.4 access to services; 34.5 (7) encouraging all members of a community to nurture all 34.6 the children in the community;and34.7 (8) supporting parents in their dual roles as breadwinners 34.8 and parents; and 34.9 (9) reducing the condition of poverty for families and 34.10 children through comprehensive community-based strategies. 34.11 Sec. 2. Minnesota Statutes 1996, section 119A.04, 34.12 subdivision 6, is amended to read: 34.13 Subd. 6. [FUNDING FOR TRANSFERRED PROGRAMS.] State 34.14 appropriations for programs transferred under this section may 34.15 not be used to replace appropriations for K-12 programs. State 34.16 and federal appropriations for programs under subdivision 5a, 34.17 transferred from the department of economic security, may not be 34.18 used to replace, supplement, or supplant federal or state 34.19 appropriations for any other program in the department. 34.20 Sec. 3. Minnesota Statutes 1996, section 119A.04, is 34.21 amended by adding a subdivision to read: 34.22 Subd. 7. [GRANTEES OF TRANSFERRED PROGRAMS.] Except as 34.23 provided in Minnesota Rules, chapter 3350, the commissioner 34.24 shall not reduce the numbers of organizations or eliminate 34.25 specific types of organizations that are eligible to directly 34.26 apply for grants made by programs transferred from the 34.27 department of economic security after January 1, 1997. 34.28 Sec. 4. Minnesota Statutes 1996, section 119A.15, is 34.29 amended by adding a subdivision to read: 34.30 Subd. 5a. [EXCLUDED PROGRAMS.] Programs transferred to the 34.31 department of children, families, and learning from the 34.32 department of economic security may not be included in the 34.33 consolidated funding account and are ineligible for local 34.34 consolidation. The commissioner may not apply for federal 34.35 waivers to include these programs in funding consolidation 34.36 initiatives. The programs include the following: 35.1 (1) programs for the homeless under sections 268.365, 35.2 268.38, and 268.39; 35.3 (2) emergency energy assistance and energy conservation 35.4 programs under sections 4.071 and 268.371; 35.5 (3) weatherization programs under section 268.37; 35.6 (4) foodshelf programs under section 268.55 and the 35.7 emergency food assistance program; and 35.8 (5) lead abatement programs under section 268.92. 35.9 Sec. 5. Minnesota Statutes 1996, section 124.17, 35.10 subdivision 2e, is amended to read: 35.11 Subd. 2e. [AVERAGE DAILY MEMBERSHIP, PUPILS AGE 21 OR 35.12 OVER.] The average daily membership for pupils age 21 or over,35.13 is equal to the ratio of the number of yearly hours that the 35.14 pupil is in membership to the number of instructional hours in 35.15 the district's regular school year. A pupil enrolled in the 35.16 graduation incentives program under section 126.22, subdivision 35.17 2, paragraph (b), for more than the number of instructional 35.18 hours in the district's regular school year may be counted as 35.19 more than one pupil in average daily membership. 35.20 Sec. 6. Minnesota Statutes 1996, section 124.26, is 35.21 amended by adding a subdivision to read: 35.22 Subd. 1d. [ADULTS WITH DISABILITIES.] An adult basic 35.23 education program may provide special instruction and services 35.24 to adults according to subdivision 1b who have a significant 35.25 impairment that limits or restricts a major life activity such 35.26 as hearing, seeing, speaking, walking, caring for oneself, 35.27 learning, working, or performing manual tasks, as determined by 35.28 the commissioner. The program must be approved by the 35.29 commissioner according to the criteria set forth in subdivision 35.30 1c. Adults who qualify for this program must have the ability 35.31 to make substantial progress toward their stated academic goals 35.32 in reading, writing, mathematics, and communications, as 35.33 determined by the commissioner. 35.34 Sec. 7. Minnesota Statutes 1996, section 124.26, 35.35 subdivision 2, is amended to read: 35.36 Subd. 2. [ACCOUNTS; REVENUE; AID.] Each district, group of 36.1 districts, or private nonprofit organization providing adult 36.2 basic education programs shall establish and maintain accounts 36.3 separate from all other district accounts for the receipt and 36.4 disbursement of all funds related to these programs. All 36.5 revenue received pursuant to this section shall be utilized 36.6 solely for the purposes of adult basic education programs. In 36.7 no case shall federal and state aid plus levy equal more than 36.8 100 percent of the actual cost of providing these programs. 36.9 Sec. 8. Minnesota Statutes 1996, section 124.2601, 36.10 subdivision 3, is amended to read: 36.11 Subd. 3. [AIDREVENUE.] Adult basic educationaidrevenue 36.12 for each approved program equals 65 percent of the general 36.13 education formula allowance times the number of full-time 36.14 equivalent students in its adult basic education program. 36.15 Sec. 9. Minnesota Statutes 1996, section 124.2601, 36.16 subdivision 4, is amended to read: 36.17 Subd. 4. [LEVY.] To obtain adult basic education revenue, 36.18 a district with an eligible program may levy an amount not to 36.19 exceed the amount raised by.12.119 percent times the adjusted 36.20 tax capacity of the district for the preceding year. 36.21 Sec. 10. Minnesota Statutes 1996, section 124.2601, 36.22 subdivision 5, is amended to read: 36.23 Subd. 5. [REVENUEAID.] Adult basic educationrevenueaid 36.24 is equal to thesumdifference of an approved program's adult 36.25 basic educationaidrevenue and its adult basic education levy. 36.26 If the district does not levy the full amount permitted, the 36.27 adult education aid shall be reduced in proportion to the actual 36.28 amount levied. 36.29 Sec. 11. Minnesota Statutes 1996, section 124.2601, 36.30 subdivision 6, is amended to read: 36.31 Subd. 6. [AID GUARANTEE.] (a) For fiscal year 1994, any 36.32 adult basic education program that receives less state aid under 36.33 subdivisions 3 and 7 than from the aid formula for fiscal year 36.34 1992 shall receive the amount of aid it received in fiscal year 36.35 1992. 36.36 (b) For 1995and later, 1996, and 1997 fiscal years, an 37.1 adult basic education program that receives aid shall receive at 37.2 least the amount of aid it received in fiscal year 1992 under 37.3 subdivisions 3 and 7, plus aid equal to the amount of revenue 37.4 that would have been raised for taxes payable in 1994 under 37.5 Minnesota Statutes 1992, section 124.2601, subdivision 4, minus 37.6 the amount raised under subdivision 4. 37.7 (c) For fiscal year 1998, any adult basic education program 37.8 that receives less state aid than in fiscal year 1997 shall 37.9 receive additional aid equal to 80 percent of the difference 37.10 between its 1997 aid and the amount of aid under subdivision 5. 37.11 For fiscal year 1999 and later, additional aid under this 37.12 paragraph shall be reduced by 20 percent each year. 37.13 Sec. 12. Minnesota Statutes 1996, section 124.2601, is 37.14 amended by adding a subdivision to read: 37.15 Subd. 8. [ADULTS WITH DISABILITIES AID.] Adult basic 37.16 education aid for adults with disabilities programs established 37.17 under section 124.26, subdivision 1d, equals $225 for each 37.18 eligible participant enrolled for a minimum of 12 hours. 37.19 Sec. 13. Minnesota Statutes 1996, section 124.261, 37.20 subdivision 1, is amended to read: 37.21 Subdivision 1. [AID ELIGIBILITY.] For fiscalyearyears 37.2219961998 and later, adult high school graduation aid for 37.23 eligible pupils age 21 or over, equals 65 percent of the general 37.24 education formula allowance times 1.30 times the average daily 37.25 membership under section 124.17, subdivision 2e.For 1997 and37.26later fiscal years, adult high school graduation aid per37.27eligible pupil equals the amount established by the commissioner37.28of children, families, and learning, in consultation with the37.29commissioner of finance, based on the appropriation for this37.30program.Adult high school graduation aid must be paid in 37.31 addition to any other aid to the district. Pupils age 21 or 37.32 over may not be counted by the district for any purpose other 37.33 than adult high school graduation aid. 37.34 Sec. 14. Minnesota Statutes 1996, section 268.53, 37.35 subdivision 5, is amended to read: 37.36 Subd. 5. [FUNCTIONS; POWERS.] A community action agency 38.1 shall: 38.2 (a) Plan systematically for an effective community action 38.3 program; develop information as to the problems and causes of 38.4 poverty in the community; determine how much and how effectively 38.5 assistance is being provided to deal with those problems and 38.6 causes; and establish priorities among projects, activities and 38.7 areas as needed for the best and most efficient use of 38.8 resources; 38.9 (b) Encourage agencies engaged in activities related to the 38.10 community action program to plan for, secure, and administer 38.11 assistance available under section 268.52 or from other sources 38.12 on a common or cooperative basis; provide planning or technical 38.13 assistance to those agencies; and generally, in cooperation with 38.14 community agencies and officials, undertake actions to improve 38.15 existing efforts to reduce poverty, such as improving day-to-day 38.16 communications, closing service gaps, focusing resources on the 38.17 most needy, and providing additional opportunities to low-income 38.18 individuals for regular employment or participation in the 38.19 programs or activities for which those community agencies and 38.20 officials are responsible; 38.21 (c) Initiate and sponsor projects responsive to needs of 38.22 the poor which are not otherwise being met, with particular 38.23 emphasis on providing central or common services that can be 38.24 drawn upon by a variety of related programs, developing new 38.25 approaches or new types of services that can be incorporated 38.26 into other programs, and filling gaps pending the expansion or 38.27 modification of those programs; 38.28 (d) Establish effective procedures by which the poor and 38.29 area residents concerned will be enabled to influence the 38.30 character of programs affecting their interests, provide for 38.31 their regular participation in the implementation of those 38.32 programs, and provide technical and other support needed to 38.33 enable the poor and neighborhood groups to secure on their own 38.34 behalf available assistance from public and private sources; 38.35 (e) Join with and encourage business, labor and other 38.36 private groups and organizations to undertake, together with 39.1 public officials and agencies, activities in support of the 39.2 community action program which will result in the additional use 39.3 of private resources and capabilities, with a view to developing 39.4 new employment opportunities, stimulating investment that will 39.5 have a measurable impact on reducing poverty among residents of 39.6 areas of concentrated poverty, and providing methods by which 39.7 residents of those areas can work with private groups, firms, 39.8 and institutions in seeking solutions to problems of common 39.9 concern. 39.10 Community action agencies, the Minnesota migrant council, 39.11 and the Indian reservations, may enter into cooperative 39.12 purchasing agreements and self-insurance programs with local 39.13 units of government. Nothing in this section expands or limits 39.14 the current private or public nature of a local community action 39.15 agency. 39.16 (f) Adopt policies that require the agencies to refer area 39.17 residents and community action program constituents to education 39.18 programs that increase literacy, improve parenting skills, and 39.19 address the needs of children from families in poverty. These 39.20 programs include, but are not limited to, early childhood family 39.21 education programs, adult basic education programs, and other 39.22 life-long learning opportunities. The agencies and agency 39.23 programs, including Head Start, shall collaborate with child 39.24 care and other early childhood education programs to ensure 39.25 smooth transitions to work for parents. 39.26 Sec. 15. Minnesota Statutes 1996, section 268.912, is 39.27 amended to read: 39.28 268.912 [HEAD START PROGRAM.] 39.29 The department ofeconomic securitychildren, families, and 39.30 learning is the state agency responsible for administering the 39.31 Head Start program. The commissioner ofeconomic security39.32 children, families, and learning may make grants to public or 39.33 private nonprofit agencies for the purpose of providing 39.34 supplemental funds for the federal Head Start program. 39.35 Sec. 16. Minnesota Statutes 1996, section 268.913, 39.36 subdivision 2, is amended to read: 40.1 Subd. 2. [PROGRAM ACCOUNT 20.] "Program account 20" means 40.2 the federally designated and funded accountlimited tofor 40.3 training and technical assistance activities. 40.4 Sec. 17. Minnesota Statutes 1996, section 268.913, 40.5 subdivision 4, is amended to read: 40.6 Subd. 4. [PROGRAM ACCOUNT2625.] "Program account2625" 40.7 means the federally designated and funded accountthat can only40.8be used to provide special services to handicapped diagnosed40.9childrenfor parent child centers. 40.10 Sec. 18. Minnesota Statutes 1996, section 268.914, 40.11 subdivision 1, is amended to read: 40.12 Subdivision 1. [STATE SUPPLEMENT FOR FEDERAL GRANTEES.] 40.13 (a) The commissioner ofeconomic security shallchildren, 40.14 families, and learning must distribute money appropriated for 40.15 that purpose to Head Start program grantees to expand 40.16 services and to serve additional low-income children. Money 40.17 must be allocated to each project Head Start grantee in 40.18 existence on the effective date of Laws 1989, chapter 282. 40.19 Migrant and Indian reservation grantees must be initially 40.20 allocated money based on the grantees' share of federal funds. 40.21 The remaining money must be initially allocated to the remaining 40.22 local agencies based equally on the agencies' share of federal 40.23 funds and on the proportion of eligible children in the 40.24 agencies' service area who are not currently being served. A 40.25 Head Start grantee must be funded at a per child rate equal to 40.26 its contracted, federally funded base level for program accounts 40.2720 to 2620, 22, and 25 at the start of the fiscal year. In 40.28 allocating funds under this paragraph, the commissionerof40.29economic securitymust assure that each Head Start grantee is 40.30 allocated no less funding in any fiscal year than was allocated 40.31 to that grantee in fiscal year 1993. The commissioner may 40.32 provide additional funding to grantees for start-up costs 40.33 incurred by grantees due to the increased number of children to 40.34 be served. Before paying money to the grantees, the 40.35 commissionershallmust notify each grantee of its initial 40.36 allocation, how the money must be used, and the number of 41.1 low-income children that must be served with the allocation. 41.2 Each grantee must notify the commissioner of the number 41.3 ofadditionallow-income children it will be able to serve. For 41.4 any grantee that cannotserve additional children toutilize its 41.5 full allocation, the commissionershallmust reduce the 41.6 allocation proportionately. Money available after the initial 41.7 allocations are reduced must be redistributed to eligible 41.8 grantees. 41.9 (b) Up to 11 percent of the funds appropriated annually may 41.10 be used to provide grants to local Head Start agencies to 41.11 provide funds for innovative programs designed either to target 41.12 Head Start resources to particular at-risk groups of children or 41.13 to provide services in addition to those currently allowable 41.14 under federal Head Start regulations. The commissionershall41.15 must award funds for innovative programs under this paragraph on 41.16 a competitive basis. 41.17 Sec. 19. [WORKER PARTICIPATION COMMITTEES.] 41.18 Notwithstanding Minnesota Statutes, section 15.059, 41.19 subdivision 6, the worker participation committees established 41.20 under Laws 1995, First Special Session chapter 3, article 16, 41.21 section 10, subdivision 3, does not expire until June 30, 1999. 41.22 Sec. 20. [RESIDENTIAL WEATHERIZATION.] 41.23 The commissioner of children, families, and learning shall 41.24 make grants to organizations to weatherize homes of Minnesota 41.25 residents who are 65 years of age or older. Community action 41.26 agencies and other public and private nonprofit organizations 41.27 may apply under Minnesota Statutes, section 268.37, for grants 41.28 from the state appropriation. Eligible recipients must meet the 41.29 income guidelines under the weatherization program and asset 41.30 limitations under medical assistance. Notwithstanding Minnesota 41.31 Statutes, section 268.37, subdivision 4, the commissioner shall 41.32 award grants under this section to meet the goal of cost 41.33 effectively weatherizing the maximum number of residences of 41.34 elderly Minnesotans within the limits of the appropriation. 41.35 Sec. 21. [CAP PROGRAMMING.] 41.36 Community action agencies under Minnesota Statutes, section 42.1 268.53, shall review and evaluate how CAP agencies can integrate 42.2 an education component into the functions and powers under 42.3 Minnesota Statutes, section 268.53, subdivision 5, and the 42.4 community action programs under Minnesota Statutes, section 42.5 268.53. The agencies shall make recommendations and make a 42.6 proposal to the family and early childhood education finance 42.7 division on the means to incorporate education into the 42.8 antipoverty programs administered by CAP agencies. 42.9 Sec. 22. [COOPERATIVE ENGLISH AS A SECOND LANGUAGE AND 42.10 ADULT BASIC EDUCATION PROGRAMS.] 42.11 Subdivision 1. [NONPROFIT, COMMUNITY-BASED ORGANIZATIONS.] 42.12 Any school district, or adult basic education consortium that 42.13 receives revenue under Minnesota Statutes, section 124.2601, 42.14 must collaborate with community-based organizations and 42.15 nonprofit organizations within their district or region that 42.16 have demonstrated the capacity to deliver English as a second 42.17 language or citizenship programming. The district or consortium 42.18 must consider an organization to have demonstrated the capacity 42.19 to deliver programming if the organization has past experience 42.20 or meets the criteria in subdivision 2. No more than eight 42.21 percent of the total funds provided by a school district or an 42.22 adult basic education consortium to a nonprofit or 42.23 community-based organization under this section, may be used for 42.24 the administrative costs of providing English as a second 42.25 language, adult basic education, or citizenship programs. 42.26 Subd. 2. [ELIGIBILITY CRITERIA.] A community-based 42.27 organization or nonprofit organization without past experience 42.28 providing adult basic education services under Minnesota 42.29 Statutes, section 124.2601, must demonstrate that it has met the 42.30 following criteria: 42.31 (1) be legally established as a nonprofit organization; 42.32 (2) have facilities that are accessible to all learners; 42.33 (3) have an established system for fiscal accounting and 42.34 reporting that is consistent with the department of children, 42.35 families, and learning's ABE completion report; 42.36 (4) employ a licensed teacher; and 43.1 (5) require all instructional staff to complete the 43.2 Minnesota Literacy Council's 12-hour training session. 43.3 Sec. 23. [ADULT BASIC EDUCATION STUDIES.] 43.4 Subdivision 1. [COST OF SERVICES AND EQUITY OF 43.5 FUNDING.] The legislative audit commission is asked to request 43.6 that the office of the legislative auditor conduct a study of 43.7 the funding for adult basic education under Minnesota Statutes, 43.8 sections 124.26, 124.2605, and 124.261. The study should assess: 43.9 the cost of providing adult basic education on a per pupil 43.10 basis; the relationship of the cost to the current funding 43.11 formulas for adult basic education; the contribution of K-12 43.12 funding for adult basic education; the relative contribution of 43.13 state aid and local levy to the funding for adult basic 43.14 education; and the equity of the current funding formulas. The 43.15 study should provide recommendations on appropriate funding for 43.16 adult basic education programs, including recommendations on the 43.17 contributions by local school districts through dedicated levies 43.18 and funding that follows students from the K-12 system to the 43.19 adult basic education program. 43.20 Subd. 2. [STUDY OF PERFORMANCE MEASURES FOR ADULT BASIC 43.21 EDUCATION.] The commissioner of children, families, and learning 43.22 shall identify and evaluate participation and performance 43.23 measures for the adult basic education system. The evaluation 43.24 should examine: 43.25 (1) measures and methods to monitor the progress and 43.26 achievements of adults who participate in adult basic education; 43.27 (2) measures of delivery and participation for adults in 43.28 adult basic education including hours of service, intensity of 43.29 service, expectations for and measurement of reasonable 43.30 progress, and priorities for providing service if demand exceeds 43.31 capacity or resources; 43.32 (3) the relationship of participation, intensity, 43.33 priorities, and progress to measures of student performance; 43.34 (4) measures to assess the performance of organizations and 43.35 entities delivering adult basic education services; and 43.36 (5) methods to provide performance-based funding for adult 44.1 basic education programs. 44.2 The commissioner of children, families, and learning shall 44.3 make recommendations to the legislature on a performance-based 44.4 adult basic education system and may contract for all or part of 44.5 the study. 44.6 Sec. 24. [ADULT BASIC EDUCATION TECHNOLOGY PROJECT.] 44.7 The commissioner of children, families, and learning shall 44.8 establish an adult basic education technology project to design, 44.9 implement, and evaluate the use of online technological 44.10 applications for adult learners. The commissioner shall appoint 44.11 individuals to a working group to collaboratively carry out the 44.12 project. Members of the working group must represent adult 44.13 basic education programs that have demonstrated skills and 44.14 experience working with online learning technologies, technology 44.15 experts, and specialists in adult learning and English as a 44.16 second language. Over a three-year period, the working group 44.17 shall plan and develop an adult learning curriculum that is 44.18 consistent with the Minnesota graduation standards and that can 44.19 be delivered through telecommunications to adult learning sites. 44.20 In the first year, the group shall identify, design, and 44.21 test online curriculum and delivery methods for use in adult 44.22 learning programs including adult diploma, general equivalency 44.23 diploma, and English as a second language programs. In the 44.24 second and third years, the group shall identify and implement 44.25 methods to transfer the curriculum and online methods to adult 44.26 basic education providers, provide staff development, and 44.27 evaluate the use of online curriculum. 44.28 Sec. 25. [LOW-INCOME ENERGY ASSISTANCE REVENUE REPORT OF 44.29 FINDINGS.] 44.30 The commissioner that administers the low-income energy 44.31 assistance program shall coordinate a report of findings of 44.32 potential revenue sources for the low-income energy assistance 44.33 program. The report of findings must be done, to the extent 44.34 possible, in cooperation with the commissioner of revenue, the 44.35 commissioner of public service, the public utilities commission, 44.36 members representing the industry including the delivered fuel 45.1 industry, rural electric cooperatives, regulated utilities, 45.2 municipal utilities, and representatives of low-income energy 45.3 advocates and other consumer advocates. By January 31, 1998, 45.4 the report of findings must review and make recommendations to 45.5 the appropriate legislative committees on potential sources of 45.6 revenue to provide assistance to low-income energy consumers 45.7 including, but not limited to: 45.8 (1) a surcharge on summer delivered fuel fills; 45.9 (2) all fuels charge; 45.10 (3) margin over rack programs; 45.11 (4) revenue-based and BTU-based wires charges; and 45.12 (5) general revenue funds. 45.13 Sec. 26. [EMERGENCY SERVICES GRANTS.] 45.14 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 45.15 section, the terms in this subdivision have the meanings given 45.16 them. 45.17 (b) "Emergency services" means: 45.18 (1) providing emergency shelter for homeless persons; and 45.19 (2) assisting homeless persons in obtaining essential 45.20 services, including: 45.21 (i) access to permanent housing; 45.22 (ii) medical and psychological help; 45.23 (iii) employment counseling and job placement; 45.24 (iv) substance abuse treatment; 45.25 (v) financial assistance available from other programs; 45.26 (vi) emergency child care; 45.27 (vii) transportation; and 45.28 (viii) other services needed to stabilize housing. 45.29 (c) "Eligible organization" means a local governmental unit 45.30 or nonprofit organization providing or seeking to provide 45.31 emergency services for homeless persons. 45.32 Subd. 2. [PROGRAM ESTABLISHED; PURPOSE.] An emergency 45.33 services grant program is established to provide homeless 45.34 persons essential services and emergency shelter in safe, 45.35 sanitary, and decent facilities. The grant program is to help 45.36 eligible organizations improve the quality of existing shelters, 46.1 make available other emergency housing, meet the operating and 46.2 maintenance costs of shelters, and provide essential services to 46.3 homeless persons. The program shall be administered by the 46.4 commissioner of children, families, and learning. 46.5 Subd. 3. [DISTRIBUTION OF GRANTS.] The commissioner of 46.6 children, families, and learning shall make grants so as to 46.7 ensure that emergency services are available to meet the needs 46.8 of homeless persons statewide. 46.9 Subd. 4. [MATCHING FUNDS.] The commissioner of children, 46.10 families, and learning may require a grantee to match the grant 46.11 amount with $1 of nonstate funds for every $2 of grant funds. 46.12 The match may be in-kind, including the value of volunteer time, 46.13 or in cash, or a combination of the two. 46.14 Subd. 5. [APPLICATIONS.] An eligible organization may 46.15 apply to the commissioner of children, families, and learning 46.16 for a grant to initiate, maintain, or expand a program providing 46.17 emergency services for homeless persons. The commissioner of 46.18 children, families, and learning shall determine the timing and 46.19 form of the application for the program. 46.20 Subd. 6. [CRITERIA FOR GRANT AWARDS.] The commissioner of 46.21 children, families, and learning shall award grants based on the 46.22 following criteria: 46.23 (1) that the application is for a grant to provide 46.24 emergency services; 46.25 (2) evidence of the applicant's need for state assistance 46.26 and of the need for the particular emergency services to be 46.27 funded; and 46.28 (3) long-range plans for future funding if the need 46.29 continues to exist for the emergency services. 46.30 Subd. 7. [PROGRAM INFORMATION.] In order to collect 46.31 uniform data to measure better the nature and extent of the need 46.32 for emergency services, grant recipients shall collect and make 46.33 available to the commissioner the following information: 46.34 (1) the number of persons who seek emergency shelter and 46.35 where they are seeking shelter; 46.36 (2) the number of persons for whom shelter is provided and 47.1 where, by age, sex, and whether as an individual or part of a 47.2 family; 47.3 (3) the reasons for seeking assistance; 47.4 (4) the length of stay; 47.5 (5) the reasons for leaving the shelter; and 47.6 (6) the demand for essential services. 47.7 Sec. 27. [APPROPRIATIONS.] 47.8 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 47.9 LEARNING.] The sums indicated in this section are appropriated 47.10 from the general fund to the department of children, families, 47.11 and learning for the fiscal years designated. 47.12 Subd. 2. [ADULT BASIC EDUCATION AID.] For adult basic 47.13 education aid according to Minnesota Statutes, section 124.26 in 47.14 fiscal year 1998 and Minnesota Statutes, section 124.2601 in 47.15 fiscal year 1999: 47.16 $12,042,000 ..... 1998 47.17 $12,605,000 ..... 1999 47.18 The 1998 appropriation includes $837,000 for 1997 and 47.19 $11,205,000 for 1998. 47.20 The 1999 appropriation includes $1,245,000 for 1998 and 47.21 $11,360,000 for 1999. 47.22 Subd. 3. [ADULT BASIC EDUCATION TECHNOLOGY PROJECT.] For 47.23 the adult basic education technology project under section 9: 47.24 $50,000 ..... 1998 47.25 $200,000 ..... 1999 47.26 Any balance in the second year does not cancel but is 47.27 available in the second year. This is a one-time appropriation 47.28 only and is not to be added to the base. 47.29 Subd. 4. [ADULT BASIC EDUCATION STUDY.] For the study of 47.30 performance measurers for adult basic education under section 8, 47.31 subdivision 2: 47.32 $25,000 ..... 1998 47.33 Subd. 5. [ADULTS WITH DISABILITIES.] For aid for adults 47.34 with disabilities under Minnesota Statutes, section 124.26, 47.35 subdivision 1d: 47.36 $150,000 ..... 1998 48.1 $150,000 ..... 1999 48.2 Any balance in the first year does not cancel but is 48.3 available in the second year. This is a one-time appropriation 48.4 and is not to be added to the base. 48.5 Subd. 6. [ADULT GRADUATION AID.] For adult graduation aid 48.6 according to Minnesota Statutes, section 124.261: 48.7 $2,780,000 ..... 1998 48.8 $2,858,000 ..... 1999 48.9 The 1998 appropriation includes $224,000 for 1997 and 48.10 $2,556,000 for 1998. 48.11 The 1999 appropriation includes $284,000 for 1998 and 48.12 $2,574,000 for 1999. 48.13 Subd. 7. [GED TESTS.] For payment of 60 percent of the 48.14 costs of GED tests: 48.15 $125,000 ..... 1998 48.16 $125,000 ..... 1999 48.17 Any balance in the first year does not cancel but is 48.18 available in the second year. 48.19 Subd. 8. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 48.20 Minnesota economic opportunity grants: 48.21 $9,000,000 ..... 1998 48.22 $9,000,000 ..... 1999 48.23 Of this appropriation, the commissioner may use up to 8.7 48.24 percent each year for state operations. 48.25 Any balance in the first year does not cancel but is 48.26 available in the second year. 48.27 Subd. 9. [TRANSITIONAL HOUSING PROGRAMS.] For transitional 48.28 housing programs: 48.29 $1,635,000 ..... 1998 48.30 $1,385,000 ..... 1999 48.31 Any balance in the first year does not cancel but is 48.32 available in the second year. Of this amount, the commissioner 48.33 may use up to five percent each year for administration of 48.34 transitional housing programs. In fiscal year 1998, $250,000 is 48.35 a one-time appropriation only and is not to be added to the 48.36 permanent base. 49.1 Subd. 10. [FOOD BANK PROGRAM.] For foodshelf programs 49.2 according to Minnesota Statutes, section 268.55: 49.3 $1,153,000 ..... 1998 49.4 $1,153,000 ..... 1999 49.5 Any balance available in the first year does not cancel but 49.6 is available in the second year. 49.7 Subd. 11. [EMERGENCY FOOD ASSISTANCE.] For emergency food 49.8 assistance according to Laws 1995, chapter 224, section 5, 49.9 subdivision 3: 49.10 $97,000 ..... 1998 49.11 $97,000 ..... 1999 49.12 Any balance in the first year does not cancel but is 49.13 available in the second year. 49.14 Subd. 12. [RESIDENTIAL WEATHERIZATION.] For grants to 49.15 organizations to weatherize residences of Minnesotans who are 65 49.16 years old or older under section 20: 49.17 $250,000 ..... 1998 49.18 $250,000 ..... 1999 49.19 Subd. 13. [HEAD START PROGRAM.] For Head Start programs 49.20 according to Minnesota Statutes, section 268.914: 49.21 $15,095,000 ..... 1998 49.22 $15,095,000 ..... 1999 49.23 The commissioner may use up to two percent each year for 49.24 state operations. 49.25 Any balance in the first year does not cancel but is 49.26 available in the second year. 49.27 Subd. 14. [GED PROGRAMMING GRANT.] For a grant to a public 49.28 television station that serves rural areas of Minnesota to 49.29 provide GED programming to aid immigrants and others who lack a 49.30 high school diploma to obtain a GED in order to continue their 49.31 educations: 49.32 $75,000 ..... 1998 49.33 $75,000 ..... 1999 49.34 Subd. 15. [EMERGENCY SERVICES GRANT PROGRAM.] For the 49.35 purposes of the emergency services grant program: 49.36 $250,000 ..... 1998 50.1 This appropriation is available until June 30, 1999, and is 50.2 a one-time appropriation only and is not to be added to the base. 50.3 Subd. 16. [TRANSFERS; WEATHERIZATION; ENERGY 50.4 ASSISTANCE.] For the biennium ending June 30, 1999, the 50.5 commissioner shall transfer to the low-income home 50.6 weatherization program at least five percent of the money 50.7 received under the low-income home energy assistance block grant 50.8 in each year of the biennium and shall spend all of the 50.9 transferred money during the year of the transfer or the year 50.10 following the transfer. Up to 1.63 percent of the transferred 50.11 money may be used by the commissioner for administrative 50.12 purposes. 50.13 For the biennium ending June 30, 1999, no more than 1.63 50.14 percent of money remaining under the low-income home energy 50.15 assistance program after transfers to the weatherization program 50.16 may be used by the commissioner for administrative purposes. 50.17 ARTICLE 4 50.18 CHILD CARE 50.19 Section 1. Minnesota Statutes 1996, section 15.53, 50.20 subdivision 2, is amended to read: 50.21 Subd. 2. [PERIOD OF ASSIGNMENT.] The period of individual 50.22 assignment or detail under an interchange program shall not 50.23 exceed 24 months, nor shall any person be assigned or detailed 50.24 for more than 24 months during any 36-month period, except when 50.25 the assignment or detail is made to coincide with an 50.26 unclassified appointment under section 15.06. A school 50.27 district, a county, or a public health entity may make an 50.28 assignment for a period not to exceed five years, if the 50.29 assignment is made pursuant to section 121.8355, subdivision 6. 50.30 Details relating to any matter covered in sections 15.51 to 50.31 15.57 may be the subject of an agreement between the sending and 50.32 receiving agencies. Elected officials shall not be assigned 50.33 from a sending agency nor detailed to a receiving agency. 50.34 Sec. 2. Minnesota Statutes 1996, section 119A.13, 50.35 subdivision 2, is amended to read: 50.36 Subd. 2. [ADVISORY COUNCIL.] An advisory council of1917 51.1 members is established under section 15.059. The commissioners 51.2 of human services,public safety,health, and children, 51.3 families, and learning, and correctionsshall each appoint one 51.4 member. The subcommittee on committees of the senate and the 51.5 speaker of the house of representatives shall each appoint two 51.6 members of their respective bodies, one from each caucus. The 51.7 governor shall appoint an additional ten members who shall 51.8 demonstrate knowledge in the area of child abuse prevention and 51.9 shall represent the demographic and geographic composition of 51.10 the state, and to the extent possible, represent the following 51.11 groups: local government, parents, racial and ethnic minority 51.12 communities, the religious community, professional providers of 51.13 child abuse preventionand treatment services, and volunteers in 51.14 child abuse preventionand treatmentservices. The council 51.15 shall advise and assist the commissioner in carrying out 51.16 sections 119A.10 to 119A.16. The council does not expire as 51.17 provided by section 15.059, subdivision 5. 51.18 Sec. 3. Minnesota Statutes 1996, section 119A.13, 51.19 subdivision 3, is amended to read: 51.20 Subd. 3. [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1, 51.21 1987, the commissioner, assisted by the advisory council, shall 51.22 develop a plan to disburse money from the trust fund. In 51.23 developing the plan, the commissioner shall review prevention 51.24 programs. The plan must ensure that all geographic areas of the 51.25 state have an equal opportunity to establish prevention programs 51.26 and receive trust fund money.Biennially thereafter the51.27commissioner shall send the plan to the legislature and the51.28governor by January 1 of each odd-numbered year.51.29 Sec. 4. Minnesota Statutes 1996, section 119A.13, 51.30 subdivision 4, is amended to read: 51.31 Subd. 4. [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The 51.32 commissioner shall: 51.33 (1) provide for the coordination and exchange of 51.34 information on the establishment and maintenance of prevention 51.35 programs; 51.36 (2) develop and publish criteria for receiving trust fund 52.1 money by prevention programs; 52.2 (3) review, approve, and monitor the spending of trust fund 52.3 money by prevention programs; 52.4 (4) provide statewide educational and public informational 52.5 seminars to develop public awareness on preventing child abuse; 52.6 to encourage professional persons and groups to recognize 52.7 instances of child abuse and work to prevent them; to make 52.8 information on child abuse prevention available to the public 52.9 and to organizations and agencies; and to encourage the 52.10 development of prevention programs; 52.11 (5) establish a procedure for an annual, internal 52.12 evaluation of the functions, responsibilities, and performance 52.13 of the commissioner in carrying out Laws 1986, chapter 423. In52.14a year in which the state plan is prepared, the evaluation must52.15be coordinated with the preparation of the state plan; 52.16 (6) provide technical assistance to local councils and 52.17 agencies working in the area of child abuse prevention; and 52.18 (7) accept and review grant applications beginning June 1, 52.19 1987. 52.20 (b) The commissioner shall recommend to the governor and 52.21 the legislature changes in state programs, statutes, policies, 52.22 budgets, and standards that will reduce the problems of child 52.23 abuse, improve coordination among state agencies that provide 52.24 prevention services, and improve the condition of children, 52.25 parents, or guardians in need of prevention program services. 52.26 Sec. 5. Minnesota Statutes 1996, section 119A.14, is 52.27 amended to read: 52.28 119A.14 [LOCAL CHILD ABUSE PREVENTION COUNCILS.] 52.29 Subdivision 1. [ESTABLISHMENT OF COUNCIL.] A child abuse 52.30 prevention council may be established in any county or group of 52.31 counties that was eligible to receive funds under Minnesota 52.32 Statutes 1986, section 145.917 as of January 1, 1986. A council 52.33 organized in such a county or group of counties shall be 52.34 authorized by the commissioner to review programs seeking trust 52.35 fund money on finding that the council meets the criteria in 52.36 this subdivision: 53.1 (a) The council has submitted a plan for the prevention of 53.2 child abuse that includes asurveyrank ordering of needed 53.3 programs and services, assesses the need for additional programs 53.4 or services, and demonstrates that standards and procedures have 53.5 been established to ensure that funds will be distributed and 53.6 used according to Laws 1986, chapter 423. 53.7 (b) A single-county council shall consist of: 53.8 (1)members of a multidisciplinary child protection team53.9which must be established under section 626.558a minimum of 53.10 nine members with the majority consisting of members from the 53.11 community-at-large who do not represent service-providing 53.12 agencies. These members shall represent the demographic and 53.13 geographic composition of the county and, to the extent 53.14 possible, represent the following groups: parents, businesses, 53.15 racial and ethnic minority communities, and the faith 53.16 communities; and 53.17 (2) if necessary, enough additional membersappointed by53.18the countywith knowledge in the area of child abuse prevention 53.19 so that a majority of the council is composed of members who do 53.20 not represent public agencies. 53.21 (c) A multicounty council shall beselected bycomposed of 53.22 the combined membership ofthose multidisciplinary teams which53.23have been established in the counties under section 626.558 and53.24shall consist of:persons in paragraph (b). 53.25(1) one representative each from local human services53.26agencies, county attorney offices, county sheriff offices, and53.27health and education agencies, chosen from among the membership53.28of all the teams;53.29(2) one representative from any other public agency group53.30represented among the combined teams; and53.31(3) enough additional members from the public who have53.32knowledge in the area of child abuse so that a majority of the53.33council is composed of members who do not represent public53.34agencies.53.35(d) In any multicounty group eligible to establish a53.36council under this subdivision, at least 50 percent of the54.1counties must have established a multidisciplinary team under54.2section 626.558 before a council may be established.54.3 Subd. 2. [REVIEW BY COUNCIL.] To be eligible to receive a 54.4 grant from the trust fund, an applicant must have had 54.5 itsprogramapplication reviewed by a child abuse prevention 54.6 council from the applicant's geographic area found by the 54.7 commissioner to meet the criteria in this section. In reviewing 54.8 allsuch programsapplications, the council shall consider the 54.9 extent to which the applicant meets the criteria and standards 54.10 in Laws 1986, chapter 423, and the degree to which the program 54.11 meets the needs of the geographic area. The council shall 54.12 provide to the advisory council its comments and recommendations 54.13 concerning eachprogramapplication reviewed and shall provide 54.14 the advisory council with its prioritization by rank ordering of 54.15 allprogramsapplications reviewed. 54.16 Sec. 6. Minnesota Statutes 1996, section 119A.15, 54.17 subdivision 2, is amended to read: 54.18 Subd. 2. [MATCHING AND OTHER REQUIREMENTS.] Trust fund 54.19 money shall only be distributed to applicants that demonstrate 54.20 an ability to minimally match 40 percent of the amount of trust 54.21 fund money requested and whose proposals meet the other 54.22 criteria. The matching requirement may be met through in-kind 54.23 donations. In awarding grants, the commissioner shall consider 54.24 the extent to which the applicant has demonstrated a willingness 54.25 and ability to: 54.26 (1) continue the prevention program or service if trust 54.27 fund money is eliminated or reduced; and 54.28 (2) provide prevention program models and consultation to 54.29 other organizations and communities. 54.30 Sec. 7. Minnesota Statutes 1996, section 119A.15, 54.31 subdivision 5, is amended to read: 54.32 Subd. 5. [LOCAL COUNCIL AS RECIPIENT OF FUNDS.] The 54.33 commissioner may disburse funds to a local councilon the same54.34basis as to any other applicantfor community education 54.35 purposes, orasfor administrative costs in carrying out Laws 54.36 1986, chapter 423, if all criteria and standards are met.Funds55.1disbursed as administrative costs to a local council must not55.2exceed five percent of total funds disbursed to the area served55.3by the local council.55.4 Sec. 8. Minnesota Statutes 1996, section 119A.16, is 55.5 amended to read: 55.6 119A.16 [ACCEPTANCE OF FEDERAL FUNDS AND OTHER DONATIONS.] 55.7 The commissioner may accept federal money and gifts, 55.8 donations, and bequests for the purposes of Laws 1986, chapter 55.9 423. Money so received and proceeds from the sale of 55.10 promotional items, minus sales promotional costs, must be 55.11 deposited in the trust fund and must be made availableannually55.12 to the commissioner. 55.13 Sec. 9. Minnesota Statutes 1996, section 119B.01, is 55.14 amended by adding a subdivision to read: 55.15 Subd. 7a. [DEPARTMENT.] "Department" means the department 55.16 of children, families, and learning. 55.17 Sec. 10. Minnesota Statutes 1996, section 119B.01, 55.18 subdivision 8, is amended to read: 55.19 Subd. 8. [EDUCATION PROGRAM.] "Education program" means 55.20 remedial or basic education or English as a second language 55.21 instruction, a program leading to a general equivalency or high 55.22 school diploma, post-secondary programs excluding 55.23 postbaccalaureate programs, and other education and training 55.24 needs as documented in anemployabilityemployment planthat is55.25developed by an employment and training service provider55.26certified by the commissioner of economic security or an55.27individual designated by the county to provide employment and55.28training services, as defined in subdivision 9. The 55.29employabilityemployment plan must outline education and 55.30 training needs of a recipient, meet state requirements 55.31 foremployabilityemployment plans, meet the requirements 55.32 of this chapter, and Minnesota Rules, parts9565.50003400.0010 55.33 to9565.52003400.0230, and meet the requirements of programs 55.34 that provide federal reimbursement for child care services. 55.35 Sec. 11. Minnesota Statutes 1996, section 119B.01, 55.36 subdivision 9, is amended to read: 56.1 Subd. 9. [EMPLOYMENTPROGRAMPLAN.] "Employmentprogram56.2 plan" means employment of recipients financially eligible for 56.3 child care assistance,preemployment activities,or other work 56.4 activities approved in an employability development, job search 56.5 support plan, or employment plan that is developed by the county 56.6 agency, if it is acting as an employment and training service 56.7 provider, an employment and training service provider certified 56.8 by the commissioner of economic security or an individual 56.9 designated by the county to provide employment and training 56.10 services. The plans and designation of a service provider must 56.11 meet the requirements of this chapter and chapter 256J or 56.12 chapter 256K, if enacted, Minnesota Rules, parts9565.500056.13 3400.0010 to9565.52003400.0230, and other programs that 56.14 provide federal reimbursement for child care services. 56.15 Sec. 12. Minnesota Statutes 1996, section 119B.01, 56.16 subdivision 12, is amended to read: 56.17 Subd. 12. [INCOME.] "Income" means earned or unearned 56.18 income received by all family members16 years or older, 56.19 including public assistance benefits, unless specifically 56.20 excluded. The following are excluded from income: funds used 56.21 to pay for health insurance premiums for family members, 56.22 scholarships, work-study income, and grants that cover costs for 56.23 tuition, fees, books, and educational supplies; student loans 56.24 for tuition, fees, books, supplies, and living expenses; earned 56.25 income tax credits; in-kind income such as food stamps, energy 56.26 assistance, medical assistance, and housing subsidies;income56.27from summer or part-time employment of 16-, 17-, and 18-year-old56.28full-time secondary school studentsearned income of full- or 56.29 part-time secondary school students up to the age of 19 years 56.30 including summer employment; grant awards under the family 56.31 subsidy program;andnonrecurring lump sum income only to the 56.32 extent that it is earmarked and used for the purpose for which 56.33 it is paid; income that is specifically excluded in section 56.34 256J.21, subdivision 2; and any income assigned to the public 56.35 authority according to section 256.74 or 256.741, if enacted. 56.36 Sec. 13. Minnesota Statutes 1996, section 119B.01, is 57.1 amended by adding a subdivision to read: 57.2 Subd. 12a. [MFIP-S.] "MFIP-S" means the Minnesota family 57.3 investment program-statewide, the state's TANF program under 57.4 Public Law Number 104-193, Title I, and shall be used as a 57.5 synonym for AFDC for purposes of child care assistance program 57.6 eligibility under this chapter. 57.7 Sec. 14. Minnesota Statutes 1996, section 119B.01, 57.8 subdivision 16, is amended to read: 57.9 Subd. 16. [TRANSITION YEAR FAMILIES.] "Transition year 57.10 families" means families wholosehave received AFDC for at 57.11 least three of the last six months before losing eligibility for 57.12 AFDC due to increased hours of employment, increased income from 57.13 employment or child or spousal support, or the loss of income 57.14 disregards due to time limitations, as provided under Public Law57.15Number 100-485. 57.16 Sec. 15. Minnesota Statutes 1996, section 119B.01, 57.17 subdivision 17, is amended to read: 57.18 Subd. 17. [CHILD CARE FUND.] "Child care fund" means a 57.19 program under this chapter providing: 57.20 (1) financial assistance for child care to parents engaged 57.21 in employment or education and training leading to employment; 57.22 and 57.23 (2) grants to develop, expand, and improve the access and 57.24 availability of child care services statewide. 57.25 Sec. 16. Minnesota Statutes 1996, section 119B.02, is 57.26 amended to read: 57.27 119B.02 [DUTIES OF COMMISSIONER.] 57.28 The commissioner shall develop standards for county and 57.29 human services boards to provide child care services to enable 57.30 eligible families to participate in employment, training, or 57.31 education programs. Within the limits of available 57.32 appropriations, the commissioner shall distribute money to 57.33 counties to reduce the costs of child care for eligible 57.34 families. The commissioner shall adopt rules to govern the 57.35 program in accordance with this section. The rules must 57.36 establish a sliding schedule of fees for parents receiving child 58.1 care services. The rules shall provide that funds received as a 58.2 lump sum payment of child support arrearages shall not be 58.3 counted as income to a family in the month received but shall be 58.4 prorated over the 12 months following receipt and added to the 58.5 family income during those months. In the rules adopted under 58.6 this section, county and human services boards shall be 58.7 authorized to establish policies for payment of child care 58.8 spaces for absent children, when the payment is required by the 58.9 child's regular provider. The rules shall not set a maximum 58.10 number of days for which absence payments can be made, but 58.11 instead shall direct the county agency to set limits and pay for 58.12 absences according to the prevailing market practice in the 58.13 county. County policies for payment of absences shall be 58.14 subject to the approval of the commissioner. The commissioner 58.15 shall maximize the use of federal money in section 256.736 and 58.16 other programs that provide federal or state reimbursement for 58.17 child care services forrecipients of aid tolow-income families 58.18with dependent childrenwho are in education, training, job 58.19 search, or other activities allowed under those programs. Money 58.20 appropriated under this section must be coordinated with the 58.21 programs that provide federal reimbursement for child care 58.22 services to accomplish this purpose. Federal reimbursement 58.23 obtained must be allocated to the county that spent money for 58.24 child care that is federally reimbursable under programs that 58.25 provide federal reimbursement for child care services. The 58.26 counties shall use the federal money to expand child care 58.27 services. The commissioner may adopt rules under chapter 14 to 58.28 implement and coordinate federal program requirements. 58.29 Sec. 17. Minnesota Statutes 1996, section 119B.03, 58.30 subdivision 3, is amended to read: 58.31 Subd. 3. [ELIGIBLE RECIPIENTS.] Families that meet the 58.32 eligibility requirements under sections 119B.09, except AFDC 58.33 recipients, MFIP recipients, and transition year families, and 58.34 119B.10 are eligible for child care assistance under the basic 58.35 sliding fee program. Families enrolled in the basic sliding fee 58.36 programas of July 1, 1990,shall be continued until they are no 59.1 longer eligible.Counties shall make vendor payments to the59.2child care provider or pay the parent directly for eligible59.3child care expenses on a reimbursement basis.Child care 59.4 assistance provided through the child care fund is considered 59.5 assistance to the parent. 59.6 Sec. 18. Minnesota Statutes 1996, section 119B.03, 59.7 subdivision 4, is amended to read: 59.8 Subd. 4. [FUNDING PRIORITY.] (a) First priority for child 59.9 care assistance under the basic sliding fee program must be 59.10 given to eligible non-AFDC families who do not have a high 59.11 school or general equivalency diploma or who need remedial and 59.12 basic skill courses in order to pursue employment or to pursue 59.13 education leading to employment. Within this priority, the 59.14 following subpriorities must be used: 59.15 (1) child care needs of minor parents; 59.16 (2) child care needs of parents under 21 years of age; and 59.17 (3) child care needs of other parents within the priority 59.18 group described in this paragraph. 59.19 (b) Second priority must be given to parents who have 59.20 completed their AFDC transition year. 59.21 (c) Third priority must be given to families who are 59.22 eligible for portable basic sliding fee assistance through the 59.23 portability pool under section 119B.03, subdivision 9. 59.24 Sec. 19. Minnesota Statutes 1996, section 119B.03, 59.25 subdivision 5, is amended to read: 59.26 Subd. 5. [REVIEW OF USE OF FUNDS; REALLOCATION.] (a) After 59.27 each quarter, the commissioner shall review the use of basic 59.28 sliding fee program allocations by county. The commissioner may 59.29 reallocate unexpended or unencumbered money among those counties 59.30 who have expended their full allocation or may allow a county to 59.31 expend up to ten percent of its allocation in the subsequent 59.32 allocation period. 59.33 (b) Any unexpendedmoneystate and federal appropriations 59.34 from the first year of the biennium may be carried forward to 59.35 the second year of the biennium. 59.36 Sec. 20. Minnesota Statutes 1996, section 119B.03, 60.1 subdivision 6, is amended to read: 60.2 Subd. 6. [ALLOCATION FORMULA.] Beginning January 1, 60.3 1996, except as provided in subdivision 7, the basic sliding fee 60.4 state and federal funds shall be allocated on a calendar year 60.5 basis. Funds shall be allocated first in amounts equal to each 60.6 county's guaranteed floor according to subdivision 8, with any 60.7 remaining available funds allocated according to the following 60.8 formula: 60.9 (a) One-third of the funds shall be allocated in proportion 60.10 to each county's total expenditures for the basic sliding fee 60.11 child care program reported during the most recent calendar year 60.12 completed at the time of the notice of allocation. 60.13 (b) One-third of the funds shall be allocated based on the 60.14 number of children under age 13 in each county who are enrolled 60.15 in general assistance medical care, medical assistance, and 60.16 MinnesotaCare on December 31 of the most recent calendar year 60.17 completed at the time of the notice of allocation. 60.18 (c) One-third of the funds shall be allocated based on the 60.19 number of children under age 13 who reside in each county, from 60.20 the most recent estimates of the state demographer. 60.21 Sec. 21. Minnesota Statutes 1996, section 119B.03, 60.22 subdivision 7, is amended to read: 60.23 Subd. 7. [SIX-MONTHALLOCATION EXCEPTION.] For the period 60.24 from July 1,1995, to December 31, 1995, every county shall60.25receive an allocation at least equal and proportionate to60.26one-half of its original allocation in state fiscal year 1995.60.27This six-month allocation shall be combined with the calendar60.28year 1996 allocation and be administered as one 18-month60.29allocation.1997, to December 31, 1998, each county must receive 60.30 an amount equal to its original calendar year 1997 allocation. 60.31 The remaining funds must be allocated according to the following 60.32 formula: 60.33 (a) Two-thirds of the funds must be allocated in proportion 60.34 to each county's original calendar year 1997 allocation for the 60.35 basic sliding fee program. 60.36 (b) One-third of the funds must be allocated in proportion 61.1 to each county's most recently reported waiting list as defined 61.2 in section 119B.03, subdivision 2. 61.3 When funding increases are implemented within a calendar 61.4 year, every county must receive an allocation at least equal and 61.5 proportionate to its original allocation for the same time 61.6 period. The remainder of the allocation must be recalculated to 61.7 reflect the funding increase and according to the formulas 61.8 identified in subdivision 6 and this subdivision. 61.9 Sec. 22. Minnesota Statutes 1996, section 119B.03, 61.10 subdivision 8, is amended to read: 61.11 Subd. 8. [GUARANTEED FLOOR.] (a) Beginning January 1, 61.12 1996, each county's guaranteed floor shall equal 90 percent of 61.13 the allocation received in the preceding calendar year.For the61.14calendar year 1996 allocation, the preceding calendar year shall61.15be considered to be double the six-month allocation as provided61.16for in subdivision 7.For the period January 1, 1999, to 61.17 December 31, 1999, each county's guaranteed floor must be equal 61.18 to its original calendar year 1998 allocation or its actual 61.19 earnings for calendar year 1998, whichever is less. 61.20 (b) When the amount of funds available for allocation is 61.21 less than the amount available in the previous year, each 61.22 county's previous year allocation shall be reduced in proportion 61.23 to the reduction in the statewide funding, for the purpose of 61.24 establishing the guaranteed floor. 61.25 Sec. 23. Minnesota Statutes 1996, section 119B.03, is 61.26 amended by adding a subdivision to read: 61.27 Subd. 9. [PORTABILITY POOL.] (a) The commissioner shall 61.28 establish a pool of up to five percent of the annual 61.29 appropriation for the basic sliding fee program to provide 61.30 continuous child care assistance for eligible families who move 61.31 between Minnesota counties. At the end of each allocation 61.32 period, any unspent funds in the portability pool must be added 61.33 to the funds available for reallocation. If expenditures from 61.34 the portability pool exceed the amount of money available, the 61.35 reallocation pool must be reduced to cover these shortages. 61.36 (b) To be eligible for portable basic sliding fee 62.1 assistance, a family that has moved from a county in which it 62.2 was receiving basic sliding fee assistance to a county with a 62.3 waiting list for the basic sliding fee program must: 62.4 (1) meet the income and eligibility guidelines for the 62.5 basic sliding fee program; and 62.6 (2) notify the new county of residence within 30 days of 62.7 moving and apply for basic sliding fee assistance in the new 62.8 county of residence. 62.9 (c) The receiving county must: 62.10 (1) accept administrative responsibility for applicants for 62.11 portable basic sliding fee assistance at the end of the two 62.12 months of assistance under the unitary residency act; 62.13 (2) continue basic sliding fee assistance for the lesser of 62.14 six months or until the family is able to receive assistance 62.15 under the county's regular basic sliding program; and 62.16 (3) notify the commissioner through the quarterly reporting 62.17 process of any family that meets the criteria of the portable 62.18 basic sliding fee assistance pool. 62.19 Sec. 24. Minnesota Statutes 1996, section 119B.03, is 62.20 amended by adding a subdivision to read: 62.21 Subd. 10. [APPLICATION; ENTRY POINTS.] Two or more methods 62.22 of applying for the basic sliding fee program must be available 62.23 to applicants in each county. To meet the requirements of this 62.24 subdivision, a county may provide alternative methods of 62.25 applying for assistance, including, but not limited to, a mail 62.26 application, or application sites that are located outside of 62.27 government offices. 62.28 Sec. 25. Minnesota Statutes 1996, section 119B.04, is 62.29 amended to read: 62.30 119B.04 [FEDERALAT-RISKCHILD CAREPROGRAMAND DEVELOPMENT 62.31 FUND.] 62.32 Subdivision 1. [COMMISSIONER TO ADMINISTER PROGRAM.] The 62.33 commissioner of children, families, and learning is authorized 62.34 and directed to receive, administer, and expend funds available 62.35 under theat-riskchild careprogramand development fund under 62.36 Public Law Number101-508 (1)104-193, Title I. 63.1 Subd. 2. [RULEMAKING AUTHORITY.] The commissioner may 63.2 adopt rules under chapter 14 to administer theat-riskchild 63.3 careprogramand development fund. 63.4 Sec. 26. Minnesota Statutes 1996, section 119B.05, 63.5 subdivision 1, is amended to read: 63.6 Subdivision 1. [ELIGIBLE RECIPIENTS.] Families eligible 63.7 forguaranteedchild care assistance under the AFDC child care 63.8 program are: 63.9 (1) persons receiving services undersection 256.73663.10 sections 256.031 to 256.04; 63.11 (2) AFDC recipients who are employed or in job search and 63.12 meet the requirements of section 119B.10; 63.13 (3) persons who are members of transition year families 63.14 under section 119B.01, subdivision 16; 63.15 (4) members of the control group for the STRIDE evaluation 63.16 conducted by the Manpower Demonstration Research Corporation; 63.17and63.18 (5) AFDC caretakers who are participating in the STRIDE and 63.19 non-STRIDE AFDC child care program; 63.20 (6) families who are participating in employment 63.21 orientation or job search, or other employment or training 63.22 activities that are included in an approved employability 63.23 development plan under chapter 256K, if enacted; and 63.24 (7) MFIP-S families who are participating in work 63.25 activities as required in their job search support or employment 63.26 plan, or in appeals, hearings, assessments, or orientations 63.27 according to chapter 256J, if enacted. Child care assistance to 63.28 support work activities as described in section 256J.49 must be 63.29 available according to sections 119B.01, subdivision 8, 121.882, 63.30 256E.08, 268.916, 611A.32, and titles IVA, IVB, IVE, and XX of 63.31 the Social Security Act. 63.32 Sec. 27. Minnesota Statutes 1996, section 119B.05, 63.33 subdivision 5, is amended to read: 63.34 Subd. 5. [FEDERAL REIMBURSEMENT.] Counties shall maximize 63.35 their federal reimbursement underPublic Law Number 100-485 or63.36otherfederal reimbursement programs for money spent for persons 64.1 eligible under this chapter. The commissioner shall allocate 64.2 any federal earnings to the county to be used to expand child 64.3 care services under this chapter. 64.4 Sec. 28. Minnesota Statutes 1996, section 119B.05, 64.5 subdivision 6, is amended to read: 64.6 Subd. 6. [ACCESS CHILD CARE PROGRAM.] (a) Starting one 64.7 month after April 30, 1992, the commissioner shall reimburse 64.8 eligible expenditures for 2,000 family slots for AFDC caretakers 64.9 not eligible for services under section 256.736, who are engaged 64.10 in an authorized educational or job search program. Each county 64.11 will receive a number of family slots based on the county's 64.12 proportion of the AFDC caseload. A county must receive at least 64.13 two family slots. Eligibility and reimbursement are limited to 64.14 the number of family slots allocated to each county. County 64.15 agencies shall authorize an educational plan for each student 64.16 and may prioritize families eligible for this program in their 64.17 child care fund plan upon approval of the commissioner. 64.18 (b)Persons eligible for but unable to participate in the64.19JOBS (STRIDE) program because of a waiting list may be accepted64.20as a new participant, or continue to participate in the ACCESS64.21child care program if a slot is available as long as all other64.22eligibility factors are met. Child care assistance must64.23continue under the ACCESS child care program until the64.24participant loses eligibility or is enrolled in project STRIDE.64.25(c)(1) Effective July 1, 1995, the commissioner shall64.26reclaim 90 percent of the vacant slots in each county and64.27distribute those slots to counties with waiting lists of persons64.28eligible for the ACCESS child care program. The slots must be64.29distributed to eligible families based on the July 1, 1995,64.30waiting list placement date, first come, first served basis.64.31(2) ACCESS child care slots remaining after the waiting64.32list under clause (1) has been eliminated must be distributed to64.33eligible families on a first come, first served basis, based on64.34the client's date of request.64.35(3) The county must notify the commissioner when an ACCESS64.36slot in the county becomes available. Notification by the65.1county must be within five calendar days of the effective date65.2of the termination of the ACCESS child care services. The65.3resulting vacant slot must be returned to the department of65.4children, families, and learning. The slot must then be65.5redistributed under clause (2).65.6(4) The commissioner shall consult with the task force on65.7child care and make recommendations to the 1996 legislature for65.8future distribution of the ACCESS slots under this65.9paragraph.Effective July 1, 1997, no new applicants may be 65.10 accepted in the ACCESS program. Current ACCESS participants 65.11 shall continue to receive assistance until July 1, 1998, if all 65.12 other conditions of eligibility are met. 65.13 Sec. 29. Minnesota Statutes 1996, section 119B.05, is 65.14 amended by adding a subdivision to read: 65.15 Subd. 7. [APPROPRIATION CARRYFORWARD.] Any unexpended 65.16 state and federal appropriations from the first year of the 65.17 biennium may be carried forward to the second year of the 65.18 biennium. 65.19 Sec. 30. [119B.061] [AT-HOME INFANT CHILD CARE PROGRAM.] 65.20 (a) A family under this provision is eligible for 65.21 assistance for a maximum of 12 months. 65.22 (b) A parent of a child under the age of one year who 65.23 personally provides full-time care for the child is eligible for 65.24 assistance if: 65.25 (1) the parent meets the income criteria and has received 65.26 assistance within the last 30 days under section 119B.03; and 65.27 (2) is the full-time caregiver for the child in the child's 65.28 home. 65.29 In two-parent households, only one parent may qualify for 65.30 this assistance. 65.31 (c) The level of assistance is 75 percent of the average 65.32 cost of licensed family day care for an infant in the child's 65.33 county of residence and is based on the size and income of the 65.34 child's family. 65.35 (d) A participant in the at-home infant child care program 65.36 has continuing eligibility under Minnesota Rules, part 66.1 3400.0070, for the basic sliding fee program. 66.2 (e) By March 1, 1998, the commissioner shall develop and 66.3 implement the at-home infant child care program described under 66.4 this section. 66.5 Sec. 31. Minnesota Statutes 1996, section 119B.07, is 66.6 amended to read: 66.7 119B.07 [USE OF MONEY.] 66.8 Money for persons listed in sections 119B.03, subdivision 66.9 3, and 119B.05, subdivision 1, shall be used to reduce the costs 66.10 of child care for students, including the costs of child care 66.11 for students while employed if enrolled in an eligible education 66.12 program at the same time and making satisfactory progress 66.13 towards completion of the program. Counties may not limit the 66.14 duration of child care subsidies for a person in an employment 66.15 or educational program, except when the person is found to be 66.16 ineligible under the child care fund eligibility standards. Any 66.17 limitation must be based on a person's employability plan in the 66.18 case of an AFDC recipient, and county policies included in the 66.19 child care allocation plan. The maximum length of time a 66.20 student is eligible for child care assistance under the child 66.21 care fund for education and training shall be the equivalent of 66.22 the minimum time necessary to complete the credit requirements 66.23 as a full-time student for a baccalaureate degree as determined 66.24 by the educational institution, excluding basic or remedial 66.25 education programs needed to prepare for post-secondary 66.26 education or employment. Time limitations for child care 66.27 assistance, as specified in Minnesota Rules, parts 9565.5000 to66.289565.5200,do not apply to basic or remedial educational 66.29 programs needed to prepare for post-secondary education or 66.30 employment. These programs include: high school, general 66.31 equivalency diploma, and English as a second language. Programs 66.32 exempt from this time limit must not run concurrently with a 66.33 post-secondary program. High school students who are 66.34 participating in a post-secondary options program and who 66.35 receive a high school diploma issued by the school district are 66.36 exempt from the time limitations while pursuing a high school 67.1 diploma. Financially eligible students who have received child 67.2 care assistance for one academic year shall be provided child 67.3 care assistance in the following academic year if funds 67.4 allocated under sections 119B.03 and 119B.05 are available. If 67.5 an AFDC recipient who is receiving AFDC child care assistance 67.6 under this chapter moves to another county, continues to 67.7 participate in educational or training programs authorized in 67.8 their employability development plans, and continues to be 67.9 eligible for AFDC child care assistance under this chapter, the 67.10 AFDC caretaker must receive continued child care assistance from 67.11 the county responsible for their current employability 67.12 development plan, without interruption. 67.13 Sec. 32. Minnesota Statutes 1996, section 119B.08, 67.14 subdivision 1, is amended to read: 67.15 Subdivision 1. [QUARTERLYREPORTS.] The commissioner shall 67.16 specify requirements for reports, including quarterly fiscal67.17reports, according tounder the same authority as provided to 67.18 the commissioner of human services in section 256.01, 67.19 subdivision 2, paragraph (17).Counties shall submit on forms67.20prescribed by the commissioner a quarterly financial and program67.21activity report. The failure to submit a complete report by the67.22end of the quarter in which the report is due may result in a67.23reduction of child care fund allocations equal to the next67.24quarter's allocation. The financial and program activity report67.25must include:67.26(1) a detailed accounting of the expenditures and revenues67.27for the program during the preceding quarter by funding source67.28and by eligibility group;67.29(2) a description of activities and concomitant67.30expenditures that are federally reimbursable under federal67.31reimbursement programs;67.32(3) a description of activities and concomitant67.33expenditures of child care money;67.34(4) information on money encumbered at the quarter's end67.35but not yet reimbursable, for use in adjusting allocations as67.36provided in section 119B.03, subdivision 5; and68.1(5) other data the commissioner considers necessary to68.2account for the program or to evaluate its effectiveness in68.3preventing and reducing participants' dependence on public68.4assistance and in providing other benefits, including68.5improvement in the care provided to children.68.6 Sec. 33. Minnesota Statutes 1996, section 119B.08, 68.7 subdivision 3, is amended to read: 68.8 Subd. 3. [CHILD CARE FUND PLAN.] Effective January 1, 68.9 1992, the county will include the plan required under this 68.10 subdivision in its biennial community social services plan 68.11 required in this section, for the group described in section 68.12 256E.03, subdivision 2, paragraph (h).For the period July 1,68.131989, to December 31, 1991, the county shall submit separate68.14child care fund plans required under this subdivision for the68.15periods July 1, 1989, to June 30, 1990; and July 1, 1990, to68.16December 31, 1991.The commissioner shall establish the dates 68.17 by which the county must submit these plans. The county and 68.18 designated administering agency shall submit to the commissioner 68.19 an annual child care fund allocation plan. The plan shall 68.20 include: 68.21 (1) a narrative of the total program for child care 68.22 services, including all policies and procedures that affect 68.23 eligible families and are used to administer the child care 68.24 funds; 68.25 (2)the number of families that requested a child care68.26subsidy in the previous year, the number of families receiving68.27child care assistance, the number of families on a waiting list,68.28and the number of families projected to be served during the68.29fiscal year;68.30(3)the methods used by the county to inform eligible 68.31 groups of the availability of child care assistance and related 68.32 services; 68.33(4)(3) the provider rates paid for all children by 68.34 provider type; 68.35(5)(4) the county prioritization policy for all eligible 68.36 groups under the basic sliding fee program and AFDC child care 69.1 program; and 69.2(6) a report of all funds available to be used for child69.3care assistance, including demonstration of compliance with the69.4maintenance of funding effort required under section 119B.11;69.5and69.6(7)(5) other information as requested by the department to 69.7 ensure compliance with the child care fund statutes and rules 69.8 promulgated by the commissioner. 69.9 The commissioner shall notify counties within 60 days of 69.10 the date the plan is submitted whether the plan is approved or 69.11 the corrections or information needed to approve the plan. The 69.12 commissioner shall withhold a county's allocation until it has 69.13 an approved plan. Plans not approved by the end of the second 69.14 quarter after the plan is due may result in a 25 percent 69.15 reduction in allocation. Plans not approved by the end of the 69.16 third quarter after the plan is due may result in a 100 percent 69.17 reduction in the allocation to the county. Counties are to 69.18 maintain services despite any reduction in their allocation due 69.19 to plans not being approved. 69.20 Sec. 34. Minnesota Statutes 1996, section 119B.09, 69.21 subdivision 1, is amended to read: 69.22 Subdivision 1. [GENERAL ELIGIBILITYFACTORSREQUIREMENTS 69.23 FOR ALL APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care 69.24 services must be available to families who need child care to 69.25 find or keep employment or to obtain the training or education 69.26 necessary to find employment and who: 69.27(a)(1) meet the requirements of section 119B.05, receive 69.28 aid to families with dependent children, and are receiving 69.29 employment and training services under section 256.736, chapter 69.30 256J or 256K, if enacted; 69.31(b)(2) have household income below the eligibility levels 69.32 for aid to families with dependent children; or 69.33(c)(3) have household income within a range established by 69.34 the commissioner. 69.35(d)(b) Child care services for the families receiving aid 69.36 to families with dependent children must be made available as 70.1 in-kind services, to cover any difference between the actual 70.2 cost and the amount disregarded under the aid to families with 70.3 dependent children program. Child care services to families 70.4 whose incomes are below the threshold of eligibility for aid to 70.5 families with dependent children, but are not AFDC caretakers, 70.6 must be made available with theminimumsame copayment required 70.7by federal lawof AFDC caretakers or MFIP-S caregivers. 70.8 (c) All applicants for child care assistance and families 70.9 currently receiving child care assistance shall be assisted and 70.10 required to cooperate in establishment of paternity and 70.11 enforcement of child support obligations as a condition of 70.12 program eligibility. For purposes of this section, a family is 70.13 considered to meet the requirement for cooperation when the 70.14 family complies with the requirements of section 256.741, if 70.15 enacted. 70.16 Sec. 35. Minnesota Statutes 1996, section 119B.09, 70.17 subdivision 2, is amended to read: 70.18 Subd. 2. [SLIDING FEE.] Child care services to families 70.19 with incomes in the commissioner's established range must be 70.20 made available on a sliding fee basis.The lower limit of the70.21sliding fee range must be the eligibility limit for aid to70.22families with dependent children.The upper limit of the range 70.23 must be neither less than 70 percent nor more than 90 percent of 70.24 the state median income for a family of four, adjusted for 70.25 family size. 70.26 Sec. 36. Minnesota Statutes 1996, section 119B.09, is 70.27 amended by adding a subdivision to read: 70.28 Subd. 6. [MAXIMUM CHILD CARE ASSISTANCE.] The maximum 70.29 amount of child care assistance a local agency may authorize in 70.30 a two-week period is 120 hours per child. 70.31 Sec. 37. Minnesota Statutes 1996, section 119B.09, is 70.32 amended by adding a subdivision to read: 70.33 Subd. 7. [ELIGIBILITY FOR ASSISTANCE.] The date of 70.34 eligibility for child care assistance under chapter 119B is the 70.35 later of the date the application was signed; the beginning date 70.36 of employment, education, or training; the date a determination 71.1 has been made that the applicant is a participant in employment 71.2 and training programs under Minnesota Rules, part 3400.0080, 71.3 subpart 2a, section 256.736, or chapter 256J or 256K, if enacted. 71.4 Payment of child care assistance for employed persons on AFDC is 71.5 effective the date of employment or the date of AFDC 71.6 eligibility, whichever is later. Payment of child care 71.7 assistance for MFIP-S or Work First participants in employment 71.8 and training services is effective the date of commencement of 71.9 the services or the date of MFIP-S or Work First eligibility, 71.10 whichever is later. Payment of child care assistance for 71.11 transition year child care must be made retroactive to the date 71.12 of eligibility for transition year child care. 71.13 Sec. 38. Minnesota Statutes 1996, section 119B.09, is 71.14 amended by adding a subdivision to read: 71.15 Subd. 8. [NO EMPLOYEE-EMPLOYER RELATIONSHIPS.] Receipt of 71.16 federal, state, or local funds by a child care provider either 71.17 directly or through a parent who is a child care assistance 71.18 recipient does not establish an employee-employer relationship 71.19 between the child care provider and the county or state. 71.20 Sec. 39. Minnesota Statutes 1996, section 119B.10, 71.21 subdivision 1, is amended to read: 71.22 Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND 71.23 RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 71.24 and who are eligible for assistance under this section are 71.25 eligible to receive up to 240 hours of child care assistance per 71.26 calendar year. 71.27 (b) Employed persons who work at least an average often20 71.28 hours a week and receive at least a minimum wage for all hours 71.29 worked are eligible for continued child care assistance. Child 71.30 care assistance during employment must be authorized as provided 71.31 in paragraphs (c) and (d). 71.32 (c) When the caregiver works for an hourly wage and the 71.33 hourly wage is equal to or greater than the applicable minimum 71.34 wage, child care assistance shall be provided for the actual 71.35 hours of employment, break, and meal time during the employment 71.36 and travel time up to two hours per day. 72.1 (d) When the caregiver does not work for an hourly wage, 72.2 child care assistance must be provided for the lesser of: 72.3 (1) the amount of child care determined by dividing gross 72.4 earned income by the applicable minimum wage, up to one hour 72.5 every eight hours for meals and break time, plus up to two hours 72.6 per day for travel time; or 72.7 (2) the amount of child care equal to the actual amount of 72.8 child care used during employment, including break and meal time 72.9 during employment, and travel time up to two hours per day. 72.10 Sec. 40. Minnesota Statutes 1996, section 119B.11, 72.11 subdivision 1, is amended to read: 72.12 Subdivision 1. [COUNTY CONTRIBUTIONS REQUIRED.] Beginning 72.13 July 1,19951997, in addition to payments from basic sliding 72.14 fee child care program participants,countieseach county shall 72.15 contribute from county tax or other sourcesat thea fixed local 72.16 matchpercentage calculated according to subdivision 2equal to 72.17 its calendar year 1996 required county contribution reduced by 72.18 the administrative funding loss that would have occurred in 72.19 state fiscal year 1996 under section 119B.15. The commissioner 72.20 shall recover funds from the county as necessary to bring county 72.21 expenditures into compliance with this subdivision. 72.22 Sec. 41. Minnesota Statutes 1996, section 119B.11, is 72.23 amended by adding a subdivision to read: 72.24 Subd. 2a. [RECOVERY OF OVERPAYMENTS.] If an amount of 72.25 child care assistance is paid to a recipient in excess of the 72.26 payment due, it shall be recoverable by the county agency. The 72.27 overpayment shall be recovered through recoupment as identified 72.28 in Minnesota Rules, part 9565.5110, subpart 11, items A and B, 72.29 if the family remains eligible for assistance. If the family no 72.30 longer remains eligible for child care assistance, the county 72.31 may choose to initiate efforts to recover overpayments from the 72.32 family for overpayment less than $50. When the amount of the 72.33 overpayment is greater than or equal to $50, the county shall 72.34 seek voluntary repayment of the overpayment from the family. If 72.35 the county is unable to recoup the overpayment through voluntary 72.36 repayment, the county shall initiate civil court proceedings to 73.1 recover the overpayment unless the county's costs to recover the 73.2 overpayment will exceed the amount of the overpayment. A family 73.3 with an outstanding debt under this subdivision is not eligible 73.4 for child care assistance until the debt is paid in full or 73.5 satisfactory arrangements are made with the county to retire the 73.6 debt. 73.7 Sec. 42. Minnesota Statutes 1996, section 119B.11, 73.8 subdivision 3, is amended to read: 73.9 Subd. 3. [FEDERAL MONEY; STATE RECOVERY.] The commissioner 73.10 shall recover from counties any state or federal money that was 73.11 spent for persons found to be ineligible, except if the recovery 73.12 is made by a county agency using any method other than 73.13 recoupment, the county may keep 25 percent of the recovery. If 73.14 a federal audit exception is taken based on a percentage of 73.15 federal earnings, all counties shall pay a share proportional to 73.16 their respective federal earnings during the period in question. 73.17 Sec. 43. Minnesota Statutes 1996, section 119B.12, is 73.18 amended to read: 73.19 119B.12 [SLIDING FEE SCALE.] 73.20 Subdivision 1. [FEE SCHEDULE.] In setting the sliding fee 73.21 schedule, the commissioner shall exclude from the amount of 73.22 income used to determine eligibility an amount for federal and 73.23 state income and social security taxes attributable to that 73.24 income level according to federal and state standardized tax 73.25 tables. The commissioner shall base the parent fee on the 73.26 ability of the family to pay for child care. The fee schedule 73.27 must be designed to use any available tax credits. 73.28 Subd. 2. [PARENT FEE.] A family's monthly parent fee must 73.29 be a fixed percentage of its annual gross income. Parent fees 73.30 must apply to families eligible for child care assistance under 73.31 sections 119B.03 and 119B.05. Income must be as defined in 73.32 section 119B.01, subdivision 12. The fixed percent is based on 73.33 the relationship of the family's annual gross income to 100 73.34 percent of state median income. Beginning January 1, 1998, 73.35 parent fees must begin at 50 percent of the poverty level. The 73.36 minimum parent fees for families between 50 percent and 100 74.1 percent of poverty level must be $5 per month. Parent fees for 74.2 families with incomes at or above the poverty level must not 74.3 decrease due to the addition of family members after the 74.4 family's initial eligibility determination. Parent fees must be 74.5 established in rule and must provide for graduated movement to 74.6 full payment. 74.7 Sec. 44. Minnesota Statutes 1996, section 119B.13, 74.8 subdivision 1, is amended to read: 74.9 Subdivision 1. [SUBSIDY RESTRICTIONS.] Effective July 1, 74.10 1991, the maximum rate paid for child care assistance under the 74.11 child care fund is the maximum rate eligible for federal 74.12 reimbursement. The rate may not exceed the 75th percentile rate 74.13 for like-care arrangements in the county as surveyed by the 74.14 commissioner. A rate which includes a provider bonus paid under 74.15 subdivision 2 or a special needs rate paid under subdivision 3 74.16 may be in excess of the maximum rate allowed under this 74.17 subdivision. The department of children, families, and learning 74.18 shall monitor the effect of this paragraph on provider rates. 74.19 The county shall pay the provider's full charges for every child 74.20 in care up to the maximum established. The commissioner shall 74.21 determine the maximum rate for each type of care, including 74.22 special needs and handicapped care. Not less than once every 74.23 two years, the county shall evaluate rates for payment of absent 74.24 spaces and shall establish policies for payment of absent days 74.25 that reflect current market practice. 74.26 When the provider charge is greater than the maximum 74.27 provider rate allowed, the parent is responsible for payment of 74.28 the difference in the rates in addition to any family copayment 74.29 fee. 74.30 Sec. 45. Minnesota Statutes 1996, section 119B.13, is 74.31 amended by adding a subdivision to read: 74.32 Subd. 8. [PROVIDER NOTICE.] The county shall inform both 74.33 the family receiving assistance under chapter 119B and the child 74.34 care provider of the payment amount and how and when payment 74.35 will be received. When the county sends a family a notice that 74.36 child care assistance will be terminated, the county shall 75.1 inform the provider that unless the family requests to continue 75.2 to receive assistance pending an appeal, child care payments 75.3 will no longer be made. The notice to the vendor must not 75.4 contain any private data on the family or information on why 75.5 payment will no longer be made. 75.6 Sec. 46. Minnesota Statutes 1996, section 119B.13, is 75.7 amended by adding a subdivision to read: 75.8 Subd. 9. [PROVIDER PAYMENTS.] Counties shall make vendor 75.9 payments to the child care provider or pay the parent directly 75.10 for eligible child care expenses. When payments for child care 75.11 assistance are made to providers, the provider shall bill the 75.12 county for services provided within ten days of the end of the 75.13 month of service. When bills are submitted in accordance with 75.14 the provisions of subdivision 6, a county shall issue payment to 75.15 the provider of child care under the child care fund within 30 75.16 days of receiving an invoice from the provider. Counties may 75.17 establish policies that make payments on a more frequent basis. 75.18 A county's payment policies must be included in the county's 75.19 child care plan under section 119B.08, subdivision 3. 75.20 Sec. 47. Minnesota Statutes 1996, section 119B.15, is 75.21 amended to read: 75.22 119B.15 [ADMINISTRATIVE EXPENSES.] 75.23 The commissioner shall use up toone-eleventh1/21 of the 75.24 state and federal funds available for the basic sliding fee 75.25 program and 1/21 of the state and federal funds available for 75.26 the AFDC child care program for payments to counties for 75.27 administrative expenses. 75.28 Sec. 48. Minnesota Statutes 1996, section 119B.16, 75.29 subdivision 1, is amended to read: 75.30 Subdivision 1. [FAIR HEARING ALLOWED.] An applicant or 75.31 recipient adversely affected by a county agency action may 75.32 request a fair hearing in accordance with section 256.045,75.33subdivision 3. 75.34 Sec. 49. Minnesota Statutes 1996, section 119B.18, is 75.35 amended by adding a subdivision to read: 75.36 Subd. 3. [CHILD DEVELOPMENT EDUCATION AND TRAINING LOANS.] 76.1 The commissioner shall establish a child development education 76.2 and training loan program to be administered by the regional 76.3 child care resource and referral programs. The purpose of the 76.4 program is to expand training and education opportunities for 76.5 child care workers, to promote stable staffing in child care 76.6 facilities, and to encourage continuity of care for children in 76.7 child care facilities. The program may make loans for (1) 76.8 credit-based courses in child development or child care 76.9 administration, or (2) course work to become a child development 76.10 associate or to receive accreditation by the national 76.11 association of family child care. 76.12 The commissioner shall establish application procedures, 76.13 eligibility criteria, terms, and other conditions necessary to 76.14 make education and training loans under this section. A single 76.15 applicant may not receive more than $1,500 per year under this 76.16 program. All or part of the loan may be forgiven if the 76.17 applicant continues to provide child care services for a period 76.18 of 12 months following the completion of all courses paid for by 76.19 the loan. 76.20 Sec. 50. Minnesota Statutes 1996, section 119B.20, 76.21 subdivision 7, is amended to read: 76.22 Subd. 7. [FACILITY IMPROVEMENT EXPENSES.] "Facility 76.23 improvement expenses" means funds for building improvements, 76.24 equipment, appropriate technology and software, toys, and 76.25 supplies needed to establish, expand, or improve a licensed 76.26 child care facility or a child care program under the 76.27 jurisdiction ofthe statea local school board of education. 76.28 Sec. 51. Minnesota Statutes 1996, section 119B.20, 76.29 subdivision 9, is amended to read: 76.30 Subd. 9. [MINI-GRANTSTECHNICAL ASSISTANCE 76.31 AWARDS.]"Mini-grants""Technical assistance awards" means child 76.32 care grants to family child care providers for facility 76.33 improvements that are up to $1,000.Mini-grantsAwards include, 76.34 but are not limited to, improvements to meet licensing 76.35 requirements, improvements to expand a child care facility or 76.36 program, appropriate technology and software, toys and 77.1 equipment, start-up costs, staff training, and development costs. 77.2 Sec. 52. Minnesota Statutes 1996, section 119B.20, 77.3 subdivision 10, is amended to read: 77.4 Subd. 10. [RESOURCE AND REFERRAL PROGRAM.] "Resource and 77.5 referral program" means a program that provides information to 77.6 parents, including referrals and coordination of community child 77.7 care resources for parents and public or private providers of 77.8 care. It also means the agency with the duties specified in 77.9 sections 119B.18 and 119B.19. Services may includeparent77.10education, technical assistance for providers, staff development77.11programs, and referrals to social servicesrecruitment of new 77.12 providers, parent education, training, technical assistance for 77.13 providers, and referrals to social services. 77.14 Sec. 53. Minnesota Statutes 1996, section 119B.21, 77.15 subdivision 1, is amended to read: 77.16 Subdivision 1. [GRANTS ESTABLISHED.] The commissioner 77.17 shall award grants to develop child care services, including 77.18 child care service development grants for start-up and facility 77.19 improvement expenses, interim financing,resource and referral77.20programs, andstaff training expenses, and grants for child care 77.21 resource and referral programs. Child careservicesservice 77.22 development grants may includemini-grantsfamily child care 77.23 technical assistance awards up to $1,000. The commissioner 77.24 shall develop a grant application form, inform county social 77.25 service agencies about the availability of child care services 77.26 grants, and set a date by which applications must be received by 77.27 the commissioner. 77.28The commissioner may renew grants to existing resource and77.29referral agencies that have met state standards and have been77.30designated as the child care resource and referral service for a77.31particular geographical area. The recipients of renewal grants77.32are exempt from the proposal review process.77.33 Sec. 54. Minnesota Statutes 1996, section 119B.21, 77.34 subdivision 2, is amended to read: 77.35 Subd. 2. [DISTRIBUTION OF FUNDS.] (a) The commissioner 77.36 shall allocate grant money appropriated for child care service 78.1 development among the development regions designated by the 78.2 governor under section 462.385,as followsconsidering the 78.3 following factors for each economic development region: 78.4(1) 50 percent of the child care service development grant78.5appropriation shall be allocated to the metropolitan economic78.6development region; and78.7(2) 50 percent of the child care service development grant78.8appropriation shall be allocated to economic development regions78.9other than the metropolitan economic development region.78.10(b) The following formulas shall be used to allocate grant78.11appropriations among the economic development regions:78.12(1) 50 percent of the funds shall be allocated in78.13proportion to the ratio of children under 12 years of age in78.14each economic development region to the total number of children78.15under 12 years of age in all economic development regions; and78.16(2) 50 percent of the funds shall be allocated in78.17proportion to the ratio of children under 12 years of age in78.18each economic development region to the number of licensed child78.19care spaces currently available in each economic development78.20region78.21 (1) the number of children under 13 years of age needing 78.22 child care in the service area; 78.23 (2) the geographic area served by the agency; 78.24 (3) the ratio of children under 13 years of age needing 78.25 child care to the number of licensed spaces in the service area; 78.26 (4) the number of licensed child care providers and 78.27 extended day school age child care programs in the service area; 78.28 and 78.29 (5) other related factors determined by the commissioner. 78.30(c)(b) Out of the amount allocated for each economic 78.31 development region, the commissioner shall award grants based on 78.32 the recommendation of thegrant reviewchild care regional 78.33 advisorytask forcecommittees. In addition, the commissioner 78.34 shall award no more than 75 percent of the money either to child 78.35 care facilities for the purpose of facility improvement or 78.36 interim financing or to child care workers for staff training 79.1 expenses. 79.2(d)(c) Any funds unobligated may be used by the 79.3 commissioner to award grants to proposals that received funding 79.4 recommendations by theadvisory task forceregional advisory 79.5 committees but were not awarded due to insufficient funds. 79.6(e)(d) The commissioner may allocate grants under this 79.7 section for a two-year period and may carry forward funds from 79.8 the first year as necessary. 79.9 Sec. 55. Minnesota Statutes 1996, section 119B.21, 79.10 subdivision 3, is amended to read: 79.11 Subd. 3. [CHILD CARE REGIONAL ADVISORY COMMITTEES.] Child 79.12 care regional advisory committees shall review and make 79.13 recommendations to the commissioner on applications for family 79.14 child care technical assistance awards and service development 79.15 grants under this section. The commissioner shall appoint the 79.16 child care regional advisory committees in each governor's 79.17 economic development region. People appointed under this 79.18 subdivision must represent the following constituent groups: 79.19 family child care providers, group center providers, parent 79.20 users, health services, social services, public schools, Head 79.21 Start, employers, and other citizens with demonstrated interest 79.22 in child care issues. Members of the advisory task force with a 79.23 direct financial interest in a pending grant proposal may not 79.24 provide a recommendation or participate in the ranking of that 79.25 grant proposal. Committee members may be reimbursed for their 79.26 actual travel, child care, and child care provider substitute 79.27 expenses for up to six committee meetings per year. The child 79.28 care regional advisory committees shall complete their reviews 79.29 and forward their recommendations to the commissioner by the 79.30 date specified by the commissioner. 79.31 Sec. 56. Minnesota Statutes 1996, section 119B.21, 79.32 subdivision 4, is amended to read: 79.33 Subd. 4. [DISTRIBUTION OF FUNDS FOR CHILD CARE RESOURCE 79.34 AND REFERRAL PROGRAMS.] (a) The commissioner shall allocate 79.35 funds appropriated for child care resource and referral services 79.36 considering the following factors for each economic development 80.1 region served by the child care resource and referral agency: 80.2 (1) the number of children under 13 years of age needing 80.3 child care in the service area; 80.4 (2) the geographic area served by the agency; 80.5 (3) the ratio of children under 13 years of age needing 80.6 care to the number of licensed spaces in the service area; 80.7 (4) the number of licensed child care providers and 80.8 extended day school age child care programs in the service area; 80.9 and 80.10 (5) other related factors determined by the commissioner. 80.11 (b) The commissioner may renew grants to existing resource 80.12 and referral agencies that have met state standards and have 80.13 been designated as the child care resource and referral service 80.14 for a particular geographical area. The recipients of renewal 80.15 grants are exempt from the proposal review process. 80.16 Sec. 57. Minnesota Statutes 1996, section 119B.21, 80.17 subdivision 5, is amended to read: 80.18 Subd. 5. [PURPOSES FOR WHICH A CHILD CARE SERVICES GRANT 80.19 MAY BE AWARDED.] The commissioner may award grants forany of80.20the following purposes: 80.21 (1) child care service development grants for the following 80.22 purposes: 80.23 (i) for creating new licensed day care facilities and 80.24 expanding existing facilities, including, but not limited to, 80.25 supplies, equipment, facility renovation, and remodeling; 80.26(2)(ii) for improving licensed day care facility programs, 80.27 including, but not limited to, staff specialists, staff 80.28 training, supplies, equipment, and facility renovation and 80.29 remodeling. In awarding grants for training, priority must be80.30given to child care workers caring for infants, toddlers, sick80.31children, children in low-income families, and children with80.32special needs; 80.33(3)(iii) for supportive child development services 80.34 including, but not limited to, in-service training, curriculum 80.35 development, consulting specialist, resource centers, and 80.36 program and resource materials; 81.1(4)(iv) for carrying out programs including, but not 81.2 limited to, staff, supplies, equipment, facility renovation, and 81.3 training; 81.4(5)(v) for interim financing;and81.5(6) for carrying out the resource and referral program81.6services identified in section 119B.19, subdivision 3(vi) 81.7 family child care technical assistance awards; and 81.8 (vii) for capacity building through the purchase of 81.9 appropriate technology and software, and staff training to 81.10 create, enhance, and maintain financial systems for facilities; 81.11 (2) child care resource and referral program services 81.12 identified in section 119B.19, subdivision 3; or 81.13 (3) targeted recruitment initiatives to expand and build 81.14 capacity of the child care system. 81.15 Sec. 58. Minnesota Statutes 1996, section 119B.21, 81.16 subdivision 6, is amended to read: 81.17 Subd. 6. [FUNDING PRIORITIES; FACILITY IMPROVEMENTAND, 81.18 INTERIM FINANCING, AND TRAINING GRANTS.] In evaluating 81.19 applications for funding and making recommendations to the 81.20 commissioner, thegrant review advisory task forcechild care 81.21 regional advisory committees shall rank and give priority to: 81.22 (1) new programs or projects, or the expansion or 81.23 improvement of existing programs or projects in areas where a 81.24 demonstrated need for child care facilities has been shown, with 81.25 special emphasis on programs or projects in areas where there is 81.26 a shortage of licensed child care; 81.27 (2) new programs and projects, or the expansions or 81.28 enrichment of existing programs or projects that serve sick 81.29 children, infants or toddlers, children with special needs,and81.30 children from low-income families, or parents needing child care 81.31 during nonstandard hours; 81.32 (3) unlicensed providers who wish to become licensed;and81.33 (4) improvement of existing programs; 81.34 (5) child care programs seeking accreditation and child 81.35 care providers seeking certification; and 81.36 (6) entities that will use grant money for scholarships for 82.1 child care workers attending educational or training programs 82.2 sponsored by the entity. 82.3 Sec. 59. Minnesota Statutes 1996, section 119B.21, 82.4 subdivision 8, is amended to read: 82.5 Subd. 8. [ELIGIBLE GRANT RECIPIENTS.] Eligible recipients 82.6 of child care grants are licensed providers of child care, or 82.7 those in the process of being licensed, resource and referral 82.8 programs, or corporations or public agencies, or any combination 82.9 thereof.With the exception of mini-grants, priority for child82.10care grants shall be given to grant applicants as follows:82.11(1) public and private nonprofit agencies;82.12(2) employer-based child care centers;82.13(3) for-profit child care centers; and82.14(4) family day care providers.82.15 Sec. 60. Minnesota Statutes 1996, section 119B.21, 82.16 subdivision 9, is amended to read: 82.17 Subd. 9. [GRANT MATCH REQUIREMENTS.] Child care grants for 82.18 facility improvements, interim financing, resource and referral, 82.19 and staff training and development require a 25 percent local 82.20 match by the grant applicant. A local match is not required for 82.21 aminigrantfamily child care technical assistance award. 82.22 Sec. 61. Minnesota Statutes 1996, section 119B.21, 82.23 subdivision 10, is amended to read: 82.24 Subd. 10. [CHILD CARE MINI-GRANTSFAMILY CHILD CARE 82.25 TECHNICAL ASSISTANCE AWARDS.]Mini-grantsTechnical assistance 82.26 awards for child care service development must be used by 82.27 the family child care provider grantee for facility 82.28 improvements, including, but not limited to, improvements to 82.29 meet licensing requirements, improvements to expand the 82.30 facility, toys and equipment, start-up costs, interim financing, 82.31 or staff training and development.Priority for child care82.32mini-grants shall be given to grant applicants as follows:82.33(1) family day care providers;82.34(2) public and private nonprofit agencies;82.35(3) employer-based child care centers; and82.36(4) for-profit child care centers.83.1 Sec. 62. Minnesota Statutes 1996, section 119B.21, 83.2 subdivision 11, is amended to read: 83.3 Subd. 11. [ADVISORY TASK FORCE.] The commissioner 83.4shallmay convene a statewide advisory task force which shall 83.5 advise the commissioner on grantsandor other child care issues. 83.6The statewide advisory task force shall review and make83.7recommendations to the commissioner on child care resource and83.8referral grants and on statewide service development and child83.9care training grants. Members of the advisory task force with a83.10direct financial interest in a resource and referral or a83.11statewide training proposal may not provide a recommendation or83.12participate in the ranking of that grant proposal.The 83.13 following constituent groups must be represented: family child 83.14 care providers, center providers, parent users, health services, 83.15 social services, Head Start, public schools, employers, and 83.16 other citizens with demonstrated interest in child care issues. 83.17 Each regional grant review committee formed under subdivision 3, 83.18 shall appoint a representative to the advisory task 83.19 force. Additional members may be appointed by the commissioner. 83.20 The commissioner may convene meetings of the task force as 83.21 needed. Terms of office and removal from office are governed by 83.22 the appointing body. The commissioner may compensate members 83.23 for their travel, child care, and child care provider substitute 83.24 expenses for meetings of the task force.The members of the83.25child care advisory task force shall also meet once with the83.26interagency advisory committee on child care under section83.27256H.25.83.28 Sec. 63. [119B.25] [CHILD CARE IMPROVEMENT GRANTS.] 83.29 Subdivision 1. [PURPOSE.] The purpose of this section is 83.30 to enhance and expand child care sites, to encourage private 83.31 investment in child care and early childhood education sites, to 83.32 promote availability of quality, affordable child care 83.33 throughout Minnesota, and to provide for cooperation between 83.34 private nonprofit child care organizations, family child care 83.35 and center providers and the department of children, families, 83.36 and learning. 84.1 Subd. 2. [GRANTS.] The commissioner shall distribute money 84.2 provided by this section through a grant to a nonprofit 84.3 corporation organized to plan, develop, and finance early 84.4 childhood education and child care sites. The nonprofit 84.5 corporation must have demonstrated the ability to analyze 84.6 financing projects, have knowledge of other sources of public 84.7 and private financing for child care and early childhood 84.8 education sites, and have a relationship with the resource and 84.9 referral programs under section 119B.18. The board of directors 84.10 of the nonprofit corporation must include members who are 84.11 knowledgeable about early childhood education, child care, 84.12 development and improvement, and financing. The commissioners 84.13 of the departments of children, families, and learning and trade 84.14 and economic development, and the commissioner of the housing 84.15 finance agency shall advise the board on the loan program. The 84.16 grant must be used to make loans to improve child care or early 84.17 childhood education sites, or loans to plan, design, and 84.18 construct or expand licensed and legal unlicensed sites to 84.19 increase the availability of child care or early childhood 84.20 education. All loans made by the nonprofit corporation must 84.21 comply with section 363.03, subdivision 8. 84.22 Subd. 3. [FINANCING PROGRAM.] A nonprofit corporation that 84.23 receives a grant under this section shall use the money to: 84.24 (1) establish a revolving loan fund to make loans to 84.25 existing, expanding, and new licensed and legal unlicensed child 84.26 care and early childhood education sites; 84.27 (2) establish a fund to guarantee private loans to improve 84.28 or construct a child care or early childhood education site; 84.29 (3) establish a fund to provide forgivable loans or grants 84.30 to match all or part of a loan made under this section; and 84.31 (4) establish a fund as a reserve against bad debt. 84.32 The nonprofit corporation shall establish the terms and 84.33 conditions for loans and loan guarantees including, but not 84.34 limited to, interest rates, repayment agreements, private match 84.35 requirements, and conditions for loan forgiveness. The 84.36 nonprofit corporation shall establish a minimum interest rate 85.1 for loans to ensure that necessary loan administration costs are 85.2 covered. The nonprofit corporation may use interest earnings 85.3 for administrative expenses. 85.4 Subd. 4. [REPORTING.] A nonprofit corporation that 85.5 receives a grant under this section shall: 85.6 (1) annually report by September 30 to the commissioner the 85.7 purposes for which the money was used in the past fiscal year, 85.8 including a description of projects supported by the financing, 85.9 an account of loans made during the calendar year, the financing 85.10 program's assets and liabilities, and an explanation of 85.11 administrative expenses; and 85.12 (2) annually submit to the commissioner a copy of the 85.13 report of an independent audit performed in accordance with 85.14 generally accepted accounting practices and auditing standards. 85.15 Sec. 64. Minnesota Statutes 1996, section 121.8355, 85.16 subdivision 1, is amended to read: 85.17 Subdivision 1. [ESTABLISHMENT.] (a) In order to qualify as 85.18 a family services collaborative, a minimum of one school 85.19 district, one county, one public health entity, one community 85.20 action agency as defined in section 268.53, and one Head Start 85.21 grantee if the community action agency is not the designated 85.22 federal grantee for the Head Start program must agree in writing 85.23 to provide coordinated family services and commit resources to 85.24 an integrated fund. Collaboratives are expected to have broad 85.25 community representation, which may include other local 85.26 providers, including additional school districts, counties, and 85.27 public health entities, other municipalities, public libraries, 85.28 existing culturally specific community organizations, tribal 85.29 entities, local health organizations, private and nonprofit 85.30 service providers, child care providers, local foundations, 85.31 community-based service groups, businesses, local transit 85.32 authorities or other transportation providers, community action 85.33 agencies under section 268.53, senior citizen volunteer 85.34 organizations, parent organizations, parents, and sectarian 85.35 organizations that provide nonsectarian services. 85.36 (b)Community-based collaboratives composed of86.1representatives of schools, local businesses, local units of86.2government, parents, students, clergy, health and social86.3services providers, youth service organizations, and existing86.4culturally specific community organizations may plan and develop86.5services for children and youth. A community-based86.6collaborative must agree to collaborate with county, school86.7district, community action, and public health entities. Their86.8services may include opportunities for children or youth to86.9improve child health and development, reduce barriers to86.10adequate school performance, improve family functioning, provide86.11community service, enhance self esteem, and develop general86.12employment skills.86.13(c)Members of the governing bodies of political 86.14 subdivisions involved in the establishment of a family services 86.15 collaborative shall select representatives of the 86.16 nongovernmental entities listed in paragraph (a) to serve on the 86.17 governing board of a collaborative. The governing body members 86.18 of the political subdivisions shall select one or more 86.19 representatives of the nongovernmental entities within the 86.20 family service collaborative. 86.21 Sec. 65. Minnesota Statutes 1996, section 124.2615, 86.22 subdivision 1, is amended to read: 86.23 Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] By February 86.24 15, 1992, for the 1991-1992 school year or byJanuary 1 ofMay 1 86.25 preceding subsequent school years, a district must submit to the 86.26 commissioners of children, families, and learning, and health,86.27human services, and economic security: 86.28 (1) a description of the services to be provided; 86.29 (2) a plan to ensure children at greatest risk receive 86.30 appropriate services; 86.31 (3) a description of procedures and methods to be used to 86.32 coordinate public and private resources to maximize use of 86.33 existing community resources, including school districts, health 86.34 care facilities, government agencies, neighborhood 86.35 organizations, and other resources knowledgeable in early 86.36 childhood development; 87.1 (4) comments about the district's proposed program by the 87.2 advisory council required by section 121.831, subdivision 7; and 87.3 (5) agreements with all participating service providers. 87.4 Each commissioner may review and comment on the program, 87.5 and make recommendations to the commissioner of children, 87.6 families, and learning, within 30 days of receiving the plan. 87.7 Sec. 66. Minnesota Statutes 1996, section 124.2615, 87.8 subdivision 2, is amended to read: 87.9 Subd. 2. [AMOUNT OF AID.] (a) A district is eligible to 87.10 receive learning readiness aid if the program plan as required 87.11 by subdivision 1 has been approved by the commissioner of 87.12 children, families, and learning.The aid is equal to:87.13(1) $200 for fiscal year 1992 and $300 for fiscal year 199387.14times the number of eligible four-year old children residing in87.15the district, as determined according to section 124.2711,87.16subdivision 2; plus87.17(2) $100 for fiscal year 1992 and $300 for fiscal year 199387.18times the result of;87.19(3) the ratio of the number of pupils enrolled in the87.20school district from families eligible for the free or reduced87.21school lunch program to the total number of pupils enrolled in87.22the school district; times87.23(4) the number of children in clause (1).87.24 (b) For fiscal year19941998 and thereafter, a district 87.25 shall receive learning readiness aid equal to: 87.26 (1) the number of eligible four-year old children in the 87.27 district times the ratio of 50 percent of the total learning 87.28 readiness aid for that year to the total number of eligible 87.29 four-year old children reported to the commissioner for that 87.30 year; plus 87.31 (2)the number of participating eligible children times the87.32ratio of 15 percent of the total learning readiness aid for that87.33year to the total number of participating eligible children for87.34that year; plus87.35(3)the number of pupils enrolled in the school district 87.36 from families eligible for the free or reduced school lunch 88.1 program times the ratio of3550 percent of the total learning 88.2 readiness aid for that year to the total number of pupils in the 88.3 state from families eligible for the free or reduced school 88.4 lunch program. 88.5 Sec. 67. [EARLY CHILDHOOD PROFESSIONAL DEVELOPMENT.] 88.6 The Minnesota Institute for Early Childhood Professional 88.7 Development shall make recommendations by January 15, 1998, 88.8 related to the qualifications for child care center staff and 88.9 family child care providers to the commissioners of human 88.10 services and children, families, and learning and the Minnesota 88.11 state legislature. Recommendations must be made in the 88.12 following areas: 88.13 (1) whether the procedures for licensing individuals should 88.14 be separated from the licensing of the program and physical 88.15 plant of child care centers and homes; 88.16 (2) which entity would be the most appropriate to issue 88.17 individual licenses; 88.18 (3) core competencies which are based on the age of the 88.19 children served and type of provider; and 88.20 (4) the amount of preservice training, experience, and 88.21 in-service training for child care providers. 88.22 Sec. 68. [CHILD CARE CAPACITY PROJECT.] 88.23 A capacity project is established for the regional child 88.24 care resource and referral programs under Minnesota Statutes, 88.25 section 119B.18. Each regional resource and referral program 88.26 shall develop and provide a capacity program to assist in 88.27 identifying and providing new child care arrangements for 88.28 parents. Under this project, a resource and referral program 88.29 may: 88.30 (1) establish an easy-to-use, on-line child care referral 88.31 service for parents entering the workforce; 88.32 (2) provide services to meet the increased demand for 88.33 referral services and consultations; 88.34 (3) coordinate training; 88.35 (4) recruit child care providers with an emphasis on 88.36 identifying providers for nontraditional times, infant and 89.1 toddler care, and care for children with special needs; and 89.2 (5) provide technical assistance and training for 89.3 prospective and new child care providers. 89.4 Sec. 69. [UNIVERSAL APPLICATION FORM; BASIC SLIDING FEE 89.5 PROGRAM.] 89.6 The commissioner of children, families, and learning shall 89.7 develop a universal application form for the basic sliding fee 89.8 program. The commissioner shall make the form available to all 89.9 counties. Counties may use the universal application form to 89.10 implement a mail application process for the basic sliding fee 89.11 program. 89.12 Sec. 70. [FINDINGS.] 89.13 The legislature finds that all children need well-balanced 89.14 meals and snacks in order to build strong bodies and minds. The 89.15 legislature finds further that programs to provide nutritional 89.16 elements to participants enrolled in child and adult care 89.17 programs are at risk from reduced federal funding and more 89.18 restrictive eligibility standards. The legislature finds 89.19 further that it is a valid public purpose to provide public 89.20 funding for food and nutrition programs in licensed family day 89.21 care homes. 89.22 Sec. 71. [CHILD AND ADULT CARE FOOD PROGRAM.] 89.23 A licensed family day care home that has participated in 89.24 the child and adult care food program administered by the 89.25 department of children, families, and learning that complies 89.26 with United States Department of Agriculture meal pattern 89.27 regulations is eligible to receive cash reimbursements from 89.28 funds made available by the appropriations in section 72, 89.29 subdivision 14. 89.30 Sec. 72. [APPROPRIATIONS.] 89.31 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 89.32 LEARNING.] The sums indicated are appropriated to the department 89.33 of children, families, and learning for fiscal years designated. 89.34 Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care 89.35 assistance according to Minnesota Statutes, section 119B.03: 89.36 $38,865,000 ..... 1998 90.1 $50,631,000 ..... 1999 90.2 Subd. 3. [TANF CHILD CARE.] For child care assistance 90.3 according to Minnesota Statutes, section 119B.05: 90.4 $33,798,000 ..... 1998 90.5 $64,238,000 ..... 1999 90.6 Subd. 4. [AT-HOME INFANT CHILD CARE.] For child care 90.7 assistance under section 30. 90.8 $290,000 ..... 1998 90.9 $120,000 ..... 1999 90.10 Subd. 5. [CHILD CARE ADMINISTRATION.] For administration 90.11 of child care assistance and development programs according to 90.12 Minnesota Statutes, sections 119B.03 and 119B.05: 90.13 $1,029,000 ..... 1998 90.14 $1,029,000 ..... 1999 90.15 Any balance in the first year does not cancel but is 90.16 available in the second year. 90.17 Subd. 6. [CHILD CARE DEVELOPMENT.] For child care 90.18 development grants according to Minnesota Statutes, section 90.19 119B.21: 90.20 $2,600,000 ..... 1998 90.21 $1,340,000 ..... 1999 90.22 Of this amount, $2,000,000 is a one-time appropriation in 90.23 fiscal year 1998 and is not to be added to the base. 90.24 Subd. 7. [CHILD MENTOR PROGRAMS.] For grants for child 90.25 mentor programs: 90.26 $530,000 ..... 1998 90.27 Of this amount, up to $280,000 is for a grant to the 90.28 Minnesota licensed family child care association for statewide 90.29 implementation of the family child care mentorship model 90.30 developed by the association. 90.31 Of this amount, up to $250,000 is for a grant to the 90.32 Minnesota child care apprentice/mentor program to modify the 90.33 apprentice/mentor program for statewide implementation through 90.34 the child care careers program of the community/technical 90.35 college system. 90.36 Any balance in the first year does not cancel but is 91.1 available in the second year. 91.2 In fiscal year 1999, the commissioner may transfer funding 91.3 between the programs, at the request of the Minnesota licensed 91.4 family child care association and the Minnesota child care 91.5 apprentice/mentor program to respond to demonstrated demand for 91.6 these programs. 91.7 Subd. 8. [PROJECT IMPACT.] For a grant to expand project 91.8 impact: 91.9 $ 250,000 ..... 1998 91.10 The grant must be used to prepare child care providers and 91.11 staff who are members of a community of color, as defined in 91.12 Minnesota Statutes, section 257.076, subdivision 3, to meet or 91.13 exceed the education and experience requirements of assistant 91.14 teachers, teachers, and family day care providers in licensed 91.15 child care programs. 91.16 Any balance in the first year does not cancel but is 91.17 available in the second year. 91.18 Subd. 9. [CHILD CARE APPRENTICE/MENTOR PROGRAM.] For a 91.19 grant to the Minnesota child care apprentice/mentor program: 91.20 $ 500,000 ..... 1998 91.21 Any balance in the first year does not cancel but is 91.22 available in the second year. 91.23 Subd. 10. [ECFE/FAMILY CHILD CARE TRAINING COLLABORATION.] 91.24 For grants to early childhood family education program under 91.25 Minnesota Statutes, section 121.882: 91.26 $ 300,000 ..... 1998 91.27 Any balance in the first year does not cancel but is 91.28 available in the second year. 91.29 The grants must be used to expand the staff and programming 91.30 capacity to permit licensed or legal unlicensed child care 91.31 providers to participate in the ECFE programs. 91.32 Subd. 11. [CHILD DEVELOPMENT EDUCATION AID TRAINING 91.33 LOANS.] For a grant to the regional child care resource and 91.34 referral programs for education and training loan under section 91.35 49: 91.36 $ 720,000 ..... 1998 92.1 Any balance in the first year does not cancel but is 92.2 available in the second year. 92.3 Of this amount up to eight percent may be used for 92.4 administration of the loan program. 92.5 Subd. 12. [RESOURCE AND REFERRAL PROJECTS.] For grants to 92.6 the regional child care resource and referral programs under 92.7 Minnesota Statutes, section 199B.18: 92.8 $1,380,000 ..... 1998 92.9 $1,380,000 ..... 1999 92.10 Any balance in the first year does not cancel but is 92.11 available in the second year. 92.12 Of this amount, $1,000,000 of the appropriation in fiscal 92.13 year 1998 is one time only and is not to be added to the base. 92.14 Of these amounts, up to $500,000 may be used for 92.15 recruitment, training, and technical assistance for prospective 92.16 and new child care providers. 92.17 Subd. 13. [CHILD CARE FACILITY IMPROVEMENT GRANTS.] For a 92.18 child care facility improvement grant to a nonprofit corporation 92.19 under Minnesota Statutes, section 119B.25: 92.20 $1,000,000 ..... 1998 92.21 This appropriation is available until expended. 92.22 Of this amount, up to five percent may be used by the 92.23 department and the nonprofit corporation to administer the loan 92.24 program including costs associated with setting up an 92.25 information system to administer child care and early childhood 92.26 education facility loans. 92.27 Subd. 14. [CHILD AND ADULT CARE FOOD PROGRAM.] $...,... 92.28 for the meal and nutrition program for licensed family day care 92.29 homes under section 71. 92.30 $ -0- ..... 1998 92.31 $ -0- ..... 1999 92.32 Sec. 73. [REPEALER.] 92.33 Minnesota Statutes 1996, sections 119B.03, subdivision 7; 92.34 119B.05, subdivisions 2 and 3; 119B.11, subdivision 2; 119B.19, 92.35 subdivision 2; 119B.21, subdivision 7; and 121.8355, subdivision 92.36 1a, are repealed.