as introduced - 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 15.53, subdivision 2; 119A.01, 1.6 subdivision 3; 119A.04, subdivision 6, and by adding a 1.7 subdivision; 119A.13, subdivisions 2, 3, and 4; 1.8 119A.14; 119A.15, subdivisions 2, 5, and by adding a 1.9 subdivision; 119A.16; 119A.31, subdivisions 1 and 2; 1.10 119B.01, subdivisions 8, 9, 12, 16, 17, and by adding 1.11 subdivisions; 119B.02; 119B.03, subdivisions 3, 4, 5, 1.12 6, 7, 8, and by adding subdivisions; 119B.04; 119B.05, 1.13 subdivisions 1, 5, 6, and by adding a subdivision; 1.14 119B.07; 119B.08, subdivisions 1 and 3; 119B.09, 1.15 subdivisions 1, 2, and by adding subdivisions; 1.16 119B.10, subdivision 1; 119B.11, subdivisions 1, 3, 1.17 and by adding a subdivision; 119B.12; 119B.13, 1.18 subdivision 1, and by adding subdivisions; 119B.15; 1.19 119B.16, subdivision 1; 119B.18, by adding a 1.20 subdivision; 119B.20, subdivisions 7, 9, and 10; 1.21 119B.21, subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 10, and 1.22 11; 121.831, subdivisions 3 and 4; 121.8355, 1.23 subdivision 1; 121.88, subdivisions 1, 10, and by 1.24 adding a subdivision; 121.882, subdivisions 2 and 6; 1.25 124.17, subdivision 2e; 124.26, subdivision 2, and by 1.26 adding a subdivision; 124.2601, subdivisions 3, 4, 5, 1.27 6, and by adding a subdivision; 124.261, subdivision 1.28 1; 124.2615, subdivisions 1 and 2; 124.2711, 1.29 subdivisions 1 and 2a; 124.2713, subdivisions 6 and 8; 1.30 124.2716, subdivision 3; 268.38, by adding a 1.31 subdivision; 268.53, subdivision 5; 268.55, by adding 1.32 a subdivision; 268.912; 268.913, subdivisions 2 and 4; 1.33 and 268.914, subdivision 1; proposing coding for new 1.34 law in Minnesota Statutes, chapters 119A; and 119B; 1.35 repealing Minnesota Statutes 1996, sections 119B.03, 1.36 subdivision 7; 119B.05, subdivisions 2 and 3; 119B.11, 1.37 subdivision 2; 119B.19, subdivision 2; 119B.21, 1.38 subdivision 7; 121.8355, subdivision 1a; and 268.913, 1.39 subdivision 5. 1.40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.41 EARLY CHILDHOOD AND 1.42 FAMILY EDUCATION OMNIBUS BILL 2.1 ARTICLE 1 2.2 EARLY CHILDHOOD PROGRAMS 2.3 Section 1. Minnesota Statutes 1996, section 121.831, 2.4 subdivision 3, is amended to read: 2.5 Subd. 3. [PROGRAM ELIGIBILITY.] A learning readiness 2.6 program shall include the following: 2.7 (1) a comprehensive plan to anticipate and meet the needs 2.8 of participating families by coordinating existing social 2.9 services programs and by fostering collaboration among agencies 2.10 or other community-based organizations and programs that provide 2.11 a full range of flexible, family-focused services to families 2.12 with young children; 2.13 (2) a development and learning component to help children 2.14 develop appropriate social, cognitive, and physical skills, and 2.15 emotional well-being; 2.16 (3) health referral services to address children's medical, 2.17 dental, mental health, and nutritional needs; 2.18 (4) a nutrition component to meet children's daily 2.19 nutritional needs; 2.20 (5) parents' involvement in meeting children's educational, 2.21 health, social service, and other needs; 2.22 (6) community outreach to ensure participation by families 2.23 who represent the racial, cultural, and economic diversity of 2.24 the community;and2.25 (7) community-based staff and program resources, including 2.26 interpreters, that reflect the racial and ethnic characteristics 2.27 of the children participating in the program; and 2.28 (8) a literacy component to ensure that the literacy needs 2.29 of parents are addressed through referral to and cooperation 2.30 with adult basic education programs and other adult literacy 2.31 programs. 2.32 Sec. 2. Minnesota Statutes 1996, section 121.831, 2.33 subdivision 4, is amended to read: 2.34 Subd. 4. [PROGRAM CHARACTERISTICS.] Learning readiness 2.35 programs are encouraged to: 2.36 (1) prepare an individualized service plan to meet each 3.1 child's developmental and learning needs; 3.2 (2) provide parent education to increase parents' 3.3 knowledge, understanding, skills, and experience in child 3.4 development and learning; 3.5 (3) foster substantial parent involvement that may include 3.6 having parents develop curriculum or serve as a paid or 3.7 volunteer educator, resource person, or other staff; 3.8 (4) identify the needs of families in the content of the 3.9 child's learning readiness and family literacy; 3.10 (5) expand collaboration with public organizations, 3.11 businesses, nonprofit organizations, or other private 3.12 organizations to develop a coordinated system of flexible, 3.13 family-focused services available to anticipate and meet the 3.14 full range of needs of all eligible children and their families; 3.15 (6) coordinate treatment and follow-up services for 3.16 children's identified physical and mental health problems; 3.17 (7) offer transportation for eligible children and their 3.18 families for whom other forms of transportation are unavailable 3.19 or would constitute an excessive financial burden; 3.20 (8) make substantial outreach efforts to assure significant 3.21 participation by families with the greatest needs, including 3.22 those families whose income level does not exceed the most 3.23 recent update of the poverty guidelines required by sections 652 3.24 and 673(2) of the Omnibus Budget Reconciliation Act of 1981 3.25 (Public Law Number 97-35); 3.26 (9) use community-based, trained home visitors serving as 3.27 paraprofessionals to provide social support, referrals, parent 3.28 education, and other services; 3.29 (10) create community-based family resource centers and 3.30 interdisciplinary teams; and 3.31 (11) enhance the quality of family or center-based child 3.32 care programs by providing supplementary services and resources, 3.33 staff training, and assistance with children with special needs. 3.34 Sec. 3. Minnesota Statutes 1996, section 121.882, 3.35 subdivision 2, is amended to read: 3.36 Subd. 2. [PROGRAM CHARACTERISTICS.] Early childhood family 4.1 education programs are programs for children in the period of 4.2 life from birth to kindergarten, for the parents of such 4.3 children, and for expectant parents. The programs may include 4.4 the following: 4.5 (1) programs to educate parents about the physical, mental, 4.6 and emotional development of children; 4.7 (2) programs to enhance the skills of parents in providing 4.8 for their children's learning and development; 4.9 (3) learning experiences for children and parents that 4.10 promote children's development; 4.11 (4) activities designed to detect children's physical, 4.12 mental, emotional, or behavioral problems that may cause 4.13 learning problems; 4.14 (5) activities and materials designed to encourage 4.15 self-esteem, skills, and behavior that prevent sexual and other 4.16 interpersonal violence; 4.17 (6) educational materials which may be borrowed for home 4.18 use; 4.19 (7) information on related community resources; 4.20 (8) programs to prevent child abuse and neglect;or4.21 (9) other programs or activities to improve the health, 4.22 development, and learning readiness of children; or 4.23 (10) activities designed to maximize development during 4.24 infancy. 4.25 The programs shall not include activities for children that 4.26 do not require substantial involvement of the children's 4.27 parents. The programs shall be reviewed periodically to assure 4.28 the instruction and materials are not racially, culturally, or 4.29 sexually biased. The programs shall encourage parents to be 4.30 aware of practices that may affect equitable development of 4.31 children. 4.32 Sec. 4. Minnesota Statutes 1996, section 121.882, 4.33 subdivision 6, is amended to read: 4.34 Subd. 6. [COORDINATION AND COLLABORATION.] A district is 4.35 encouraged to coordinatethe program with its special education4.36and vocational education programs and with related services5.1provided by other governmental agencies and nonprofit5.2agenciesand collaborate its program efforts with family 5.3 literacy, learning readiness, Head Start, child care, health, 5.4 social services, special education, transitional housing, and 5.5 foodshelf programs and other related services in the community 5.6 for young children and parents. 5.7 A district is encouraged to coordinate adult basic 5.8 education programs provided to parents and early childhood 5.9 family education programs provided to children to accomplish the 5.10 goals of section 126.69. 5.11 Sec. 5. Minnesota Statutes 1996, section 124.2711, 5.12 subdivision 1, is amended to read: 5.13 Subdivision 1. [REVENUE.] The revenue for early childhood 5.14 family education programs for a school district equals $101.25 5.15 for19931998 and $116.75 for 1999 and later fiscal years times 5.16 the greater of: 5.17 (1) 150; or 5.18 (2) the number of people under five years of age residing 5.19 in the school district on October 1 of the previous school year. 5.20 Sec. 6. Minnesota Statutes 1996, section 124.2711, 5.21 subdivision 2a, is amended to read: 5.22 Subd. 2a. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To 5.23 obtain early childhood family education revenue, a district may 5.24 levy an amount equal to the tax rate of.609.642 percent times 5.25 the adjusted tax capacity of the district for the year preceding 5.26 the year the levy is certified. If the amount of the early 5.27 childhood family education levy would exceed the early childhood 5.28 family education revenue, the early childhood family education 5.29 levy shall equal the early childhood family education revenue. 5.30 Sec. 7. Minnesota Statutes 1996, section 268.38, is 5.31 amended by adding a subdivision to read: 5.32 Subd. 7a. [COOPERATION.] Grant recipients shall identify 5.33 ways to link services and cooperate with other programs that 5.34 serve the educational and nutritional needs of families, 5.35 including, but not limited to, early childhood family education 5.36 programs under section 121.882 and foodshelf programs under 6.1 section 268.55. 6.2 Sec. 8. Minnesota Statutes 1996, section 268.55, is 6.3 amended by adding a subdivision to read: 6.4 Subd. 7. [COOPERATION.] The Minnesota foodshelf 6.5 association and foodshelf programs that receive money under this 6.6 section shall identify ways to link services and cooperate with 6.7 other programs that serve the educational and housing needs of 6.8 families, including, but not limited to, early childhood family 6.9 education programs under section 121.882 and transitional 6.10 housing programs under section 268.38. 6.11 Sec. 9. [ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID; 6.12 FISCAL YEAR 1998.] 6.13 A district that complies with Minnesota Statutes, section 6.14 121.882, shall receive additional early childhood family 6.15 education aid for fiscal year 1998 equal to $10 times the 6.16 greater of: 6.17 (1) 150; or 6.18 (2) the number of people under five years of age residing 6.19 in the school district on October 1 of the previous school 6.20 year. The additional early childhood family education aid may 6.21 be used only for early childhood family education programs. 6.22 Sec. 10. [EARLY CHILDHOOD FAMILY EDUCATION ALTERNATIVE 6.23 PROGRAMMING.] 6.24 Early childhood family education programs that receive 6.25 revenue under Minnesota Statutes, section 124.2713, are 6.26 encouraged to provide classes on the weekends and in the 6.27 evenings to meet the needs of working families. The 6.28 commissioner shall report to the legislature on the number of 6.29 districts offering weekend and evening classes, and on the 6.30 success of these programs in serving working families. The 6.31 commissioner shall make recommendations on ways to expand early 6.32 childhood family education services to make them more available 6.33 and accessible to working families, including families who work 6.34 nontraditional hours. 6.35 Sec. 11. [EARLY CHILDHOOD FAMILY EDUCATION INFANT 6.36 DEVELOPMENT GRANT AWARDS.] 7.1 (a) Early childhood family education programs under 7.2 Minnesota Statutes, section 121.882, may apply to the 7.3 commissioner of children, families, and learning for a grant to 7.4 fund a pilot program to increase services for families of 7.5 infants. Programming for infants and their families must 7.6 conform to the service and other requirements of the early 7.7 childhood family education programs. The infant program must 7.8 include learning experiences for parents of infants that focus 7.9 on methods and information that stimulate and nurture the 7.10 intellectual and emotional development of infants. Proposals 7.11 from programs with service areas where centralized classes are 7.12 not feasible or optimal, may include home visiting programs 7.13 under Minnesota Statutes, section 121.882, subdivision 2b. 7.14 (b) The eligible applicant shall submit an application in 7.15 the form and manner prescribed by the commissioner. Grant 7.16 applicants shall describe the proposed infant and family 7.17 education approach. The application must specify the program 7.18 components, outreach methods, targeted ages, anticipated role of 7.19 the home visits, if any, and how the program will encourage 7.20 participation by families with infants. 7.21 Sec. 12. [OFFICE OF COMMUNITY SERVICES.] 7.22 The commissioner of children, families, and learning shall 7.23 review the accounts and funding for programs administered in the 7.24 office of community services. The commissioner shall also 7.25 review the methods of distributing grants and revenue to 7.26 communities, programs, districts, and other organizations. The 7.27 commissioner shall develop unified application forms for 7.28 competitive grant programs administered by the office. The 7.29 commissioner shall present a proposal to the legislature on ways 7.30 to streamline applications, and to the extent possible, combine 7.31 accounts, programs, and funding streams. 7.32 Sec. 13. [EARLY CHILDHOOD TECHNOLOGY GRANTS.] 7.33 The commissioner of children, families, and learning shall 7.34 establish a process to initiate a competitive grant program to 7.35 enhance the use of technology in early childhood education 7.36 programs. Priority must be given to licensed child care, early 8.1 childhood family education, learning readiness, Head Start, or 8.2 first grade preparedness programs that will provide computer 8.3 time to early childhood education programs. Grants may be used 8.4 for the purchase, repair, or upgrading of computer hardware or 8.5 software, and for training staff, volunteer staff, parents, or 8.6 students in the use of technology. To the extent practicable, 8.7 the department shall solicit donations of refurbished computers 8.8 for distribution to early childhood programs willing to use them 8.9 for educating young students. 8.10 Sec. 14. [APPROPRIATIONS.] 8.11 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 8.12 LEARNING.] The sums indicated in this section are appropriated 8.13 from the general fund to the department of children, families, 8.14 and learning for the fiscal years designated. 8.15 Subd. 2. [LEARNING READINESS PROGRAM REVENUE.] For revenue 8.16 for learning readiness programs according to Minnesota Statutes, 8.17 sections 121.831 and 124.2615: 8.18 $11,136,000 ..... 1998 8.19 $11,379,000 ..... 1999 8.20 The 1998 appropriation includes $949,000 for 1997 and 8.21 $10,187,000 for 1998. 8.22 The 1999 appropriation includes $1,131,000 for 1998 and 8.23 $10,248,000 for 1999. 8.24 $10,000 each year may be spent for evaluation of learning 8.25 readiness programs. 8.26 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 8.27 childhood family education aid according to Minnesota Statutes, 8.28 section 124.2711: 8.29 $15,528,000 ..... 1998 8.30 $14,970,000 ..... 1999 8.31 The 1998 appropriation includes $1,360,000 for 1997 and 8.32 $14,168,000 for 1998. 8.33 The 1999 appropriation includes $1,574,000 for 1998 and 8.34 $13,396,000 for 1999. 8.35 $10,000 each year may be spent for evaluation of early 8.36 childhood family education programs. 9.1 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 9.2 health and developmental screening aid according to Minnesota 9.3 Statutes, sections 123.702 and 123.7045: 9.4 $1,564,000 ..... 1998 9.5 $1,613,000 ..... 1999 9.6 The 1998 appropriation includes $155,000 for 1997 and 9.7 $1,409,000 for 1998. 9.8 The 1999 appropriation includes $156,000 for 1998 and 9.9 $1,457,000 for 1999. 9.10 Any balance in the first year does not cancel but is 9.11 available in the second year. 9.12 Subd. 5. [WAY TO GROW.] For grants for existing way to 9.13 grow programs according to Minnesota Statutes, section 121.835: 9.14 $500,000 ..... 1998 9.15 $500,000 ..... 1999 9.16 Any balance in the first year does not cancel but is 9.17 available in the second year. 9.18 Subd. 6. [PART H.] For the department of children, 9.19 families, and learning's share of the state's obligation under 9.20 Part H according to Minnesota Statutes, section 120.1701: 9.21 $400,000 ..... 1998 9.22 Any balance in the first year does not cancel but is 9.23 available in the second year. 9.24 Subd. 7. [EARLY CHILDHOOD FAMILY EDUCATION INFANT 9.25 DEVELOPMENT GRANTS.] For grants to early childhood family 9.26 education programs under Minnesota Statutes, section 121.882, to 9.27 fund initiatives under section 11: 9.28 $2,000,000 ..... 1998 9.29 Any balance in the first year does not cancel but is 9.30 available in the second year. This is a one-time appropriation 9.31 and is not to be added to the permanent base. 9.32 Subd. 8. [EARLY CHILDHOOD COLLABORATION GRANTS.] For 9.33 grants to combine early childhood education services: 9.34 $80,000 ..... 1998 9.35 Of this amount, $50,000 is for a grant to Itasca county for 9.36 the Greenway Readiness Program. The program must include a 10.1 half-day readiness program for four year olds, an early 10.2 childhood component, and a resource center. 10.3 Of this amount, $30,000 is for a grant to independent 10.4 school district No. 544, Fergus Falls, to study ways to combine 10.5 all early learning programs and to fund those programs. 10.6 This appropriation is available until expended. 10.7 Subd. 9. [CHILD GUIDE PREVENTION PROGRAM.] For the 10.8 southwest and west central service cooperative to operate the 10.9 Willmar child guide prevention program for children in 10.10 kindergarten through grade 8 in independent school district No. 10.11 347, Willmar: 10.12 $250,000 ..... 1998 10.13 Subd. 10. [EARLY CHILDHOOD TECHNOLOGY GRANTS.] For early 10.14 childhood technology grants under section 13: 10.15 $100,000 ..... 1998 10.16 Sec. 15. [REPORT SUNSET.] 10.17 Beginning September 15, 1997, the requirement to submit the 10.18 following reports expires: 10.19 (1) child abuse prevention trust fund disbursement plan 10.20 under Minnesota Statutes, section 119A.13; 10.21 (2) child care system report under Minnesota Statutes, 10.22 section 119B.24; 10.23 (3) community crime reduction report under Minnesota 10.24 Statutes, section 119A.31; 10.25 (4) administrative duties report under Minnesota Statutes, 10.26 section 119A.31; 10.27 (5) progress report on male responsibility grants under 10.28 Minnesota Statutes, section 126.84; 10.29 (6) school-linked services report under Minnesota Statutes, 10.30 section 256.995; 10.31 (7) state drug strategy under Minnesota Statutes, section 10.32 119A.26; 10.33 (8) chemical abuse and violence prevention council report 10.34 under Minnesota Statutes, section 119A.28; 10.35 (9) violence prevention grant report under Minnesota 10.36 Statutes, section 126.78; and 11.1 (10) Head Start report under Minnesota Statutes, section 11.2 268.917. 11.3 Sec. 16. [REPEALER.] 11.4 Minnesota Statutes 1996, section 268.913, subdivision 5, is 11.5 repealed. 11.6 Sec. 17. [EFFECTIVE DATE.] 11.7 Sections 6 (124.2711, subdivision 2a) and 14, subdivision 3 11.8 (ECFE aid), are effective for revenue for fiscal year 1999. 11.9 ARTICLE 2 11.10 COMMUNITY PROGRAMS AND PREVENTION 11.11 Section 1. [119A.08] [NEIGHBORHOOD-BASED SERVICES FOR 11.12 CHILDREN AND FAMILIES.] 11.13 Subdivision 1. [PILOT PROJECTS AUTHORIZED.] The 11.14 commissioner of children, families, and learning shall establish 11.15 a program to provide stipends to at least two pilot projects for 11.16 the delivery and brokering of services through family service 11.17 collaboratives and neighborhood-based community organizations. 11.18 The projects must be selected no later than September 1, 1997. 11.19 Subd. 2. [FAMILY SERVICE COLLABORATIVE; PILOT.] A family 11.20 service collaborative under section 121.8355 may apply to the 11.21 commissioner to participate in the pilot projects. The 11.22 commissioner shall select two family service collaboratives to 11.23 implement the pilot project in one or more specified geographic 11.24 areas. One collaborative must implement a pilot project in the 11.25 seven-county metropolitan area and one must be located in an 11.26 outstate community. The commissioner shall select the 11.27 collaboratives by September 1, 1997. The selected 11.28 collaboratives must implement the stipend program through family 11.29 service centers and community groups that are eligible under 11.30 subdivision 3, and that apply under subdivision 4. 11.31 Subd. 3. [ELIGIBLE ORGANIZATIONS.] To be eligible to 11.32 participate in the community services stipend program under this 11.33 section, an organization must be a family service center or 11.34 other community group that: 11.35 (1) has strong ties to a local neighborhood; 11.36 (2) represents the diverse residents of the neighborhood; 12.1 and 12.2 (3) has a history of providing services in the neighborhood. 12.3 Subd. 4. [APPLICATION.] (a) An application to participate 12.4 in the community services stipend program must be submitted to 12.5 the family service collaborative and must contain the following: 12.6 (1) a description of all of the geographic areas that the 12.7 organization intends to serve and information to demonstrate 12.8 that the applicant group has established a significant presence 12.9 in these areas; 12.10 (2) demonstrated knowledge of the needs of the children and 12.11 families in the geographic area; 12.12 (3) a list of services to be provided; 12.13 (4) anticipated costs and proposed resources for each 12.14 service; 12.15 (5) outcomes the services are designed to achieve; and 12.16 (6) the proposed amount of the stipend for each service to 12.17 be provided. 12.18 (b) The maximum stipend for any one service is $200. The 12.19 applicant must list the proposed stipend amounts in an 12.20 outcomes-based format. 12.21 Subd. 5. [ELIGIBLE ACTIVITIES.] A participating center or 12.22 group is eligible for a stipend whenever the center or group has 12.23 delivered, or arranged for delivery of, any of the following 12.24 needed services as listed in its original application to the 12.25 collaborative in the stated amounts which should fall within the 12.26 following ranges: 12.27 (1) identifying and assisting family members who lack a 12.28 high school diploma to attend GED classes and achieve the 12.29 outcome of successfully completing GED requirements, $150; 12.30 (2) assisting family members with English as a second 12.31 language skill building or citizenship classes, $100; 12.32 (3) assisting family members with English as a second 12.33 language skill building or citizenship classes and achieve the 12.34 outcome of successfully passing the citizenship test, $200; 12.35 (4) assisting a family to access early childhood family 12.36 education programs, $20; 13.1 (5) identifying a family that has not obtained the 13.2 recommended childhood immunizations for its children and 13.3 assisting the family to obtain the immunizations, $20; 13.4 (6) assisting a family in need of child care to find 13.5 suitable child care, $10; 13.6 (7) assisting in crime prevention by involving children 13.7 from needy families in after school enrichment activities and 13.8 sustaining their involvement for a substantial period, $150; 13.9 (8) assisting in crime prevention by providing truancy 13.10 prevention activities and reducing truancy in the geographic 13.11 area, $200; 13.12 (9) assisting a family by providing one or more home visits 13.13 to families of newborn infants to provide information and 13.14 support for new parents, $50; 13.15 (10) finding and providing a tutor for an academically 13.16 under-achieving child, $20; 13.17 (11) being a tutor and achieving the outcome of better 13.18 school performance, $200; and 13.19 (12) being a tutor but not achieving the desired outcome, 13.20 $100. 13.21 With the approval of the collaborative, a participating 13.22 organization may add additional similar services to its list of 13.23 eligible activities. 13.24 Subd. 6. [PAYMENT OF STIPENDS.] A center or group selected 13.25 for participation in the delivery of needed services stipend 13.26 program is eligible to receive the specified stipend for each 13.27 eligible activity which is provided to an eligible recipient. 13.28 Requests for reimbursement must be submitted to the 13.29 collaborative group within 60 days of the date that the eligible 13.30 activity is completed. Participating centers and groups may use 13.31 the stipend money received from the commissioner to provide the 13.32 services listed in subdivision 5 or for any legitimate and 13.33 worthwhile purpose. Expenditures must be documented and the 13.34 documentation submitted to the collaborative on a quarterly 13.35 basis. A collaborative that receives a grant under this section 13.36 shall establish procedures to ensure the quality of the services 14.1 paid for with grant funds and to monitor the delivery of 14.2 services. 14.3 Sec. 2. Minnesota Statutes 1996, section 119A.31, 14.4 subdivision 1, is amended to read: 14.5 Subdivision 1. [PROGRAMS.] The commissioner shall, in 14.6 consultation with the chemical abuse and violence prevention 14.7 council, administer a grant program to fund community-based 14.8 programs that are designed to enhance the community's sense of 14.9 personal security and to assist the community in its crime 14.10 control and prevention efforts. Examples of qualifying programs 14.11 include, but are not limited to, the following: 14.12 (1) community-based programs designed to provide services 14.13 for children aged 8 to 13 who are juvenile offenders or who are 14.14 at risk of becoming juvenile offenders. The programs must give 14.15 priority to: 14.16 (i) juvenile restitution; 14.17 (ii) prearrest or pretrial diversion, including through 14.18 mediation; 14.19 (iii) probation innovation; 14.20 (iv) teen courts, community service; or 14.21 (v) post incarceration alternatives to assist youth in 14.22 returning to their communities; 14.23 (2) community-based programs designed to provide at-risk 14.24 children and youth aged 8 to 13 with after-school and summer 14.25 enrichment activities; 14.26 (3) community-based programs designed to discourage young 14.27 people from involvement in unlawful drug or street gang 14.28 activities such as neighborhood youth centers; 14.29 (4) neighborhood block clubs and innovative community-based 14.30 crime prevention programs; 14.31 (5) community- and school-based programs designed to enrich 14.32 the educational, cultural, or recreational opportunities of 14.33 at-risk children and youth, including programs designed to keep 14.34 at-risk youth from dropping out of school and encourage school 14.35 dropouts to return to school; 14.36 (6) community-based programs designed to intervene with 15.1 juvenile offenders who are identified as likely to engage in 15.2 repeated criminal activity in the future unless intervention is 15.3 undertaken; 15.4 (7) community-based collaboratives that coordinate multiple 15.5 programs and funding sources to address the needs of at-risk 15.6 children and youth, including, but not limited to, 15.7 collaboratives that address the continuum of services for 15.8 juvenile offenders and those who are at risk of becoming 15.9 juvenile offenders; 15.10 (8) programs that are proven successful at increasing the 15.11 rate of school success or the rate of post-secondary education 15.12 attendance for high-risk students; 15.13 (9) community-based programs that provide services to 15.14 homeless youth; 15.15 (10) programs designed to reduce truancy;and15.16 (11) community-based programs that attempt to prevent and 15.17 ameliorate the effects of teenage prostitution; and 15.18 (12) other community- and school-based crime prevention 15.19 programs that are innovative and encourage substantial 15.20 involvement by members of the community served by the program. 15.21 Sec. 3. Minnesota Statutes 1996, section 119A.31, 15.22 subdivision 2, is amended to read: 15.23 Subd. 2. [GRANT PROCEDURE.] A local unit of governmentor, 15.24 a nonprofit community-based entity, or a community violence 15.25 prevention council may apply for a grant by submitting an 15.26 application with the commissioner. The applicant shall specify 15.27 the following in its application: 15.28 (1) a description of each program for which funding is 15.29 sought; 15.30 (2) outcomes and performance indicators for the program; 15.31 (3) a description of the planning process that identifies 15.32 local community needs, surveys existing programs, provides for 15.33 coordination with existing programs, and involves all affected 15.34 sectors of the community; 15.35 (4) the geographical area to be served by the program; 15.36 (5) statistical information as to the number of arrests in 16.1 the geographical area for violent crimes and for crimes 16.2 involving schedule I and II controlled substances. "Violent 16.3 crime" includes a violation of or an attempt or conspiracy to 16.4 violate any of the following laws: sections 609.185; 609.19; 16.5 609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 16.6 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 16.7 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 16.8 609.268; 609.342; 609.343; 609.344; 609.345; 609.498, 16.9 subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 16.10 609.687; or any provision of chapter 152 that is punishable by a 16.11 maximum sentence greater than ten years; and 16.12 (6) the number of economically disadvantaged youth in the 16.13 geographical areas to be served by the program. 16.14 The commissioner shall give priority to funding 16.15 community-based collaboratives, programs that demonstrate 16.16 substantial involvement by members of the community served by 16.17 the program and programs that either serve the geographical 16.18 areas that have the highest crime rates, as measured by the data 16.19 supplied under clause (4), or serve geographical areas that have 16.20 the largest concentrations of economically disadvantaged youth. 16.21 Up to 2.5 percent of the appropriation may be used by the 16.22 commissioner to administer the program. 16.23 Sec. 4. Minnesota Statutes 1996, section 121.88, 16.24 subdivision 1, is amended to read: 16.25 Subdivision 1. [AUTHORIZATION.] Each school board may 16.26 initiate a community education program in its district and 16.27 provide for the general supervision of the program. Each board 16.28 may, as it considers appropriate, employ community education 16.29directors and coordinatorsstaff to further the purposes of the 16.30 community education program. 16.31 Sec. 5. Minnesota Statutes 1996, section 121.88, is 16.32 amended by adding a subdivision to read: 16.33 Subd. 2a. [COMMUNITY EDUCATION DIRECTOR.] (a) Except as 16.34 provided under paragraphs (b) and (c), each board shall employ a 16.35 licensed community education director. The board shall submit 16.36 the name of the person who is serving as director of community 17.1 education under this section on the district's annual community 17.2 education report to the commissioner. 17.3 (b) A board may apply to the commissioner of children, 17.4 families, and learning under Minnesota Rules, part 3512.3500, 17.5 subpart 9, for authority to use an individual who is not 17.6 licensed as a community education director. 17.7 (c) A board of a district with a total population of 2,000 17.8 or less may identify an employee who holds a valid Minnesota 17.9 principal or superintendent license under Minnesota Rules, 17.10 chapter 3512, to serve as director of community education. To 17.11 be eligible for an exception under this paragraph, the board 17.12 shall certify in writing to the commissioner that the district 17.13 has not placed a licensed director of community education on 17.14 unrequested leave. 17.15 Sec. 6. Minnesota Statutes 1996, section 121.88, 17.16 subdivision 10, is amended to read: 17.17 Subd. 10. [EXTENDED DAY PROGRAMS.] (a) A school board may 17.18 offer, as part of a community education program, an extended day 17.19 program for children from kindergarten through grade 6 for the 17.20 purpose of expanding students' learning opportunities. A 17.21 program must include the following: 17.22 (1) adult supervised programs while school is not in 17.23 session; 17.24 (2) parental involvement in program design and direction; 17.25 (3) partnerships with the K-12 system, and other public, 17.26 private, or nonprofit entities; and 17.27 (4) opportunities for trained secondary school pupils to 17.28 work with younger children in a supervised setting as part of a 17.29 community service program. 17.30 (b) To maximize the educational, recreational, and social 17.31 development of participating students, the district must provide 17.32 adequate space for the extended day program during the school 17.33 year, on release days, and during the summer. The district must 17.34 provide the program with access to adequate facilities and 17.35 equipment, including access to the gymnasium, cafeteria, art 17.36 rooms, computer laboratories, and the library, if these are 18.1 available. The district and the program must coordinate a 18.2 reasonable schedule for shared facilities and equipment, and 18.3 shared responsibility for facilities used by the program. 18.4 (c) The district may charge a sliding fee based upon family 18.5 income for extended day programs. The district may receive 18.6 money from other public or private sources for the extended day 18.7 program. The school board of the district shall develop 18.8 standards for school age child care programs. Districts with 18.9 programs in operation before July 1, 1990, must adopt standards 18.10 before October 1, 1991. All other districts must adopt 18.11 standards within one year after the district first offers 18.12 services under a program authorized by this subdivision. The 18.13 state board of education may not adopt rules for extended day 18.14 programs. 18.15 (d) The district shall maintain a separate account within 18.16 the community services fund for all funds related to the 18.17 extended day program. All funds related to the extended day 18.18 program must be used solely for the purpose of the extended day 18.19 program. 18.20 Sec. 7. Minnesota Statutes 1996, section 124.2713, 18.21 subdivision 6, is amended to read: 18.22 Subd. 6. [COMMUNITY EDUCATION LEVY.] To obtain community 18.23 education revenue, a district may levy the amount raised by a 18.24 tax rate of1.11.08 percent times the adjusted net tax capacity 18.25 of the district. If the amount of the community education levy 18.26 would exceed the community education revenue, the community 18.27 education levy shall be determined according to subdivision 6a. 18.28 Sec. 8. Minnesota Statutes 1996, section 124.2713, 18.29 subdivision 8, is amended to read: 18.30 Subd. 8. [USES OF GENERAL REVENUE.] (a) General community 18.31 education revenue may be used for: 18.32 (1) nonvocational, recreational, and leisure time 18.33 activities and programs; 18.34 (2) programs for adults with disabilities, if the programs 18.35 and budgets are approved by the department of children, 18.36 families, and learning; 19.1 (3) adult basic education programs, according to section 19.2 124.26; 19.3 (4) summer programs for elementary and secondary pupils; 19.4 (5) implementation of a youth development plan; 19.5 (6) implementation of a youth service program; 19.6 (7) early childhood family education programs, according to 19.7 section 121.882; and 19.8 (8) extended day programs, according to section 121.88, 19.9 subdivision 10. 19.10 (9) In addition to money from other sources, a district may 19.11 use up to ten percent of its community education revenue for 19.12 equipment that is used exclusively in community education 19.13 programs. This revenue may be used only for the following 19.14 purposes: 19.15 (i) to purchase or lease computers and related materials; 19.16 (ii) to purchase or lease equipment for instructional 19.17 programs; and 19.18 (iii) to purchase textbooks and library books. 19.19 (b) General community education revenue must not be used to 19.20 subsidize the direct activity costs for adult enrichment 19.21 programs. Direct activity costs include, but are not limited 19.22 to, the cost of the activity leader or instructor, cost of 19.23 materials, or transportation costs. 19.24 Sec. 9. Minnesota Statutes 1996, section 124.2716, 19.25 subdivision 3, is amended to read: 19.26 Subd. 3. [EXTENDED DAY LEVY.] To obtain extended day 19.27 revenue, a school district may levy an amount equal to the 19.28 district's extended day revenue as defined in subdivision 2 19.29 multiplied by the lesser of one, or the ratio of the quotient 19.30 derived by dividing the adjusted net tax capacity of the 19.31 district for the year before the year the levy is certified by 19.32 the actual pupil units in the district for the school year to 19.33 which the levy is attributable, to$3,700$3,800. 19.34 Sec. 10. [MINNESOTA ADOLESCENT PARENTING PROGRAM GRANT.] 19.35 Subdivision 1. [ESTABLISHMENT.] A grant program is 19.36 established to provide school-based, comprehensive 20.1 community-linked programs for ensuring the long-term 20.2 self-sufficiency of adolescent families and the development and 20.3 school readiness of their children. 20.4 Subd. 2. [GOALS.] The goals of the adolescent parenting 20.5 grant programs are to: 20.6 (1) assist pregnant and parenting adolescents to make 20.7 significant gains in school attendance, attainment of state 20.8 graduation standards, and acquisition of school-to-career 20.9 skills; 20.10 (2) prevent child abuse and neglect by improving the 20.11 parenting and communication skills of pregnant and parenting 20.12 adolescents; 20.13 (3) reduce long-term welfare dependency among adolescent 20.14 parents; and 20.15 (4) improve the outcomes for adolescent parents and their 20.16 children in the number of healthy births; cognitive, social, 20.17 linguistic, and emotional development; immunization rates; and 20.18 school readiness. 20.19 Subd. 3. [ELIGIBLE STUDENTS.] The following students are 20.20 eligible for support services under the adolescent parenting 20.21 grant program: 20.22 (1) any student enrolled in a school district with an 20.23 approved adolescent parenting program who is age 21 or younger 20.24 and who is an expectant parent, custodial parent, or 20.25 noncustodial parent; and 20.26 (2) any child of a student as defined in clause (1) who is 20.27 under the age of five and is not yet enrolled in kindergarten. 20.28 Subd. 4. [GRANT APPLICATION.] A school district, group of 20.29 school districts, alternative learning programs approved by the 20.30 commissioner, or family service collaboratives may apply for an 20.31 adolescent parenting program grant to the commissioner of 20.32 children, families, and learning. The application must include 20.33 a detailed description of the program, including a description 20.34 of the population to be served by the program, a description of 20.35 the community agency or agencies collaborating with the site to 20.36 provide support services, an explanation of how each of the 21.1 program components will contribute to achieving program 21.2 outcomes, the number of pupils to be served by the pilot 21.3 program, a detailed budget that demonstrates the capacity to 21.4 achieve the program's goals, and a comprehensive evaluation plan 21.5 for measuring progress toward achieving the program's goals. 21.6 Subd. 5. [PROGRAM COMPONENTS.] An adolescent parenting 21.7 program must include: 21.8 (1) a high quality educational program provided in the 21.9 least restrictive environment that includes strategies to ensure 21.10 access to educational services, including flexible attendance 21.11 policies and class scheduling, and grants academic credit for 21.12 all work completed; 21.13 (2) to the extent possible, collaboration with other 21.14 governmental agencies and community-based organizations to 21.15 provide on-site support services, including child care; 21.16 (3) an individualized learning plan for each eligible 21.17 student that includes career goals; 21.18 (4) assurance of compliance with requirements of Public Law 21.19 Number 92-318, title IX, prohibiting discrimination against 21.20 students due to their pregnant or parenting status; 21.21 (5) courses in parent education and life skills; 21.22 (6) accountability measures for student performance linked 21.23 to graduation standards; 21.24 (7) professional development opportunities on adolescent 21.25 pregnancy and parenting issues and strategies to achieve 21.26 academic success with this student population; 21.27 (8) a system to document that adolescent parenting and 21.28 prevention support funds were used to provide support services 21.29 to eligible students; 21.30 (9) a system for collecting and reporting specific student 21.31 data, including goals and outcome measurements; and 21.32 (10) a program advisory council, which may consist of an 21.33 existing local council. 21.34 Sec. 11. [APPROPRIATIONS.] 21.35 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 21.36 LEARNING.] The sums indicated in this section are appropriated 22.1 from the general fund to the department of children, families, 22.2 and learning for the fiscal years designated. 22.3 Subd. 2. [FAMILY COLLABORATIVES.] For family 22.4 collaboratives according to Laws 1995, First Special Session 22.5 chapter 3, article 4, section 29, subdivision 10: 22.6 $7,500,000 ..... 1998 22.7 $7,500,000 ..... 1999 22.8 Of the appropriation, $150,000 each year is for grants 22.9 targeted to assist in providing collaborative children's library 22.10 service programs. To be eligible, a family collaborative grant 22.11 recipient must collaborate with at least one public library and 22.12 one children's or family organization. The public library must 22.13 involve the regional public library system and multitype library 22.14 system to which it belongs in the planning and provide for an 22.15 evaluation of the program. 22.16 No more than 2.5 percent of the appropriation is available 22.17 to the state to administer and evaluate the grant program. 22.18 Any balance in the first year does not cancel but is 22.19 available in the second year. 22.20 Subd. 3. [COMMUNITY EDUCATION AID.] For community 22.21 education aid according to Minnesota Statutes, section 124.2713: 22.22 $1,828,000 ..... 1998 22.23 $1,619,000 ..... 1999 22.24 The 1998 appropriation includes $237,000 for 1997 and 22.25 $1,591,000 for 1998. 22.26 The 1999 appropriation includes $176,000 for 1998 and 22.27 $1,443,000 for 1999. 22.28 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 22.29 adults with disabilities programs according to Minnesota 22.30 Statutes, section 124.2715: 22.31 $770,000 ..... 1998 22.32 $770,000 ..... 1999 22.33 Any balance in the first year does not cancel but is 22.34 available in the second year. 22.35 Up to $100,000 each year may be used to pilot programs in 22.36 five regions of the state that currently have no programs for 23.1 adults with disabilities. These programs may not levy for 23.2 fiscal year 1999 or later. Of this amount, $200,000 is a 23.3 one-time appropriation and is not to be added to the permanent 23.4 base. 23.5 Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for 23.6 hearing-impaired adults according to Minnesota Statutes, section 23.7 121.201: 23.8 $70,000 ..... 1998 23.9 $70,000 ..... 1999 23.10 Any balance in the first year does not cancel but is 23.11 available in the second year. 23.12 Subd. 6. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 23.13 violence prevention education grants: 23.14 $1,575,000 ..... 1998 23.15 $1,575,000 ..... 1999 23.16 Of the amount each year, $75,000 is for community violence 23.17 prevention councils which is not an increase in the base level 23.18 appropriation, and $50,000 is for program administration. 23.19 Any balance in the first year does not cancel but is 23.20 available in the second year. 23.21 Subd. 7. [MALE RESPONSIBILITY.] For male responsibility 23.22 grants: 23.23 $250,000 ..... 1998 23.24 $250,000 ..... 1999 23.25 The commissioner of children, families, and learning may 23.26 enter into cooperative agreements with the commissioner of human 23.27 services to access federal money for child support and paternity 23.28 education programs. 23.29 Any balance in the first year does not cancel but is 23.30 available in the second year. 23.31 Subd. 8. [ABUSED CHILDREN.] For abused children programs 23.32 according to Minnesota Statutes, section 119A.21: 23.33 $1,048,000 ..... 1998 23.34 $1,079,000 ..... 1999 23.35 Any balance in the first year does not cancel but is 23.36 available in the second year. 24.1 Subd. 9. [DRUG POLICY AND VIOLENCE PREVENTION PROGRAMS.] 24.2 For drug policy, violence prevention, and family visitation 24.3 programs: 24.4 $3,412,000 ..... 1998 24.5 $3,480,000 ..... 1999 24.6 Any balance in the first year does not cancel but is 24.7 available in the second year. 24.8 Subd. 10. [CHILDREN'S TRUST FUND.] For children's trust 24.9 fund according to Minnesota Statutes, sections 119A.12 and 24.10 119A.13: 24.11 $247,000 ..... 1998 24.12 $247,000 ..... 1999 24.13 Any balance in the first year does not cancel but is 24.14 available in the second year. 24.15 Subd. 11. [AFTER SCHOOL ENRICHMENT GRANTS.] For after 24.16 school enrichment grants according to Laws 1996, chapter 412, 24.17 article 4, section 30: 24.18 $6,029,000 ..... 1998 24.19 $6,029,000 ..... 1999 24.20 The commissioner may use up to five percent of this 24.21 appropriation to provide technical assistance and evaluation to 24.22 community organizations. 24.23 Any balance in the first year does not cancel but is 24.24 available in the second year. 24.25 For fiscal year 1998, the commissioner may award grantees 24.26 one additional year of funding up to the grant award in fiscal 24.27 year 1997. Additional appropriations in fiscal year 1998 and 24.28 fiscal year 1999 must be used to award grants on a competitive 24.29 basis. 24.30 Subd. 12. [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with 24.31 funds received under Minnesota Statutes, section 171.29, 24.32 subdivision 2, paragraph (b), clause (4): 24.33 $314,000 ..... 1998 24.34 $314,000 ..... 1999 24.35 (b) These appropriations are from the alcohol-impaired 24.36 driver account of the special revenue fund. Any funds credited 25.1 for the department of children, families, and learning to the 25.2 alcohol-impaired driver account of the special revenue fund in 25.3 excess of the amounts appropriated in this subdivision are 25.4 appropriated to the department of children, families, and 25.5 learning and available in fiscal year 1998 and fiscal year 1999. 25.6 (c) Up to $226,000 each year may be used by the department 25.7 of children, families, and learning to contract for services to 25.8 school districts stressing the dangers of driving after 25.9 consuming alcohol. No more than five percent of this amount may 25.10 be used for administrative costs by the contract recipients. 25.11 (d) Up to $88,000 each year may be used for grants to 25.12 support student-centered programs to discourage driving after 25.13 consuming alcohol. 25.14 Subd. 13. [CHEMICAL ABUSE PREVENTION GRANTS.] (a) For 25.15 grants with funds received under Minnesota Statutes, section 25.16 171.29, subdivision 2, paragraph (b), clause (4): 25.17 $200,000 ..... 1998 25.18 $200,000 ..... 1999 25.19 (b) These appropriations are from the chemical abuse 25.20 prevention account of the special revenue fund. Any funds 25.21 credited for the department of children, families, and learning 25.22 to the chemical abuse account of the special revenue fund in 25.23 excess of the amounts appropriated in this subdivision are 25.24 appropriated to the department of children, families, and 25.25 learning and are available in fiscal year 1998 and fiscal year 25.26 1999. 25.27 (c) Of these amounts, up to $300,000 is for a grant to 25.28 provide a match for a community collaborative project for 25.29 children and youth developed by a regional organization 25.30 established under Minnesota Statutes, section 116J.415, to 25.31 receive rural development challenge grants in fiscal years 1998 25.32 and 1999 only. 25.33 The regional organization must include a broad 25.34 cross-section of public and private sector community 25.35 representatives to develop programs, services, or facilities to 25.36 address specific community needs of children and youth. 26.1 The regional organization that receives a grant must 26.2 provide a two-to-one match of nonstate dollars. 26.3 Subd. 14. [EXTENDED DAY AID.] For extended day aid 26.4 according to Minnesota Statutes, section 124.2716: 26.5 $347,000 ..... 1998 26.6 $304,000 ..... 1999 26.7 The 1998 appropriation includes $37,000 for 1997 and 26.8 $310,000 for 1998. 26.9 The 1999 appropriation includes $34,000 for 1998 and 26.10 $270,000 for 1999. 26.11 Subd. 15. [NEIGHBORHOOD-BASED SERVICES.] For the pilot 26.12 projects in neighborhood-based services under Minnesota 26.13 Statutes, section 119A.08: 26.14 $50,000 ..... 1998 26.15 Subd. 16. [ADOLESCENT PARENTING GRANT.] For adolescent 26.16 parenting grants under section 1: 26.17 $800,000 ..... 1998 26.18 Any balance the first year does not cancel but is available 26.19 in the second year. This money is available for 1998-1999 26.20 only. Up to $550,000 is for grants to Minnesota school 26.21 districts, area learning centers, or family service 26.22 collaboratives for adolescent parenting services. The 26.23 commissioner must include in the criteria for grant awards the 26.24 number of enrolled students who are custodial, noncustodial, or 26.25 expectant parents. A grant to a single school site may not 26.26 exceed $50,000. 26.27 Up to $250,000 is for grants to school-based early 26.28 childhood programs in Minnesota school districts for services to 26.29 children of adolescent parents who remain enrolled in a public 26.30 school district. 26.31 A grant to a single early childhood site may not exceed 26.32 $25,000. 26.33 The commissioner shall make grants under this section to 26.34 two metropolitan area school districts and at least two 26.35 nonmetropolitan adolescent parenting programs. 26.36 Where applicable, the department shall assure the 27.1 coordination of male responsibility grants, the Minnesota 27.2 adolescent parenting program, ENABL, and any federal resources 27.3 available to serve pregnant or parenting adolescents or programs 27.4 for the prevention of pregnancy. 27.5 Subd. 17. [YOUTH OUTREACH SERVICES.] For the Meadowbrook 27.6 collaborative housing project in St. Louis Park to provide 27.7 educational and recreational services for youth at risk through 27.8 the development of formal after school programming and weekend 27.9 youth activities. These funds shall be available to assist in 27.10 staffing and programming to reduce truancy, develop assets for 27.11 youth at risk, and mentoring with adults: 27.12 $25,000 ..... 1998 27.13 Subd. 18. [EARLY INTERVENTION PROGRAM.] For continued 27.14 implementation of the crime prevention, targeted early 27.15 intervention program established in Laws 1995, chapter 226, 27.16 article 3, section 62: 27.17 $200,000 ..... 1998 27.18 $200,000 ..... 1999 27.19 Any balance in the first year does not cancel, but is 27.20 available in the second year. 27.21 The commissioner of children, families, and learning is 27.22 responsible for continuation of the targeted early intervention 27.23 program. The commissioner of children, families, and learning 27.24 shall report findings and recommendations to the legislature 27.25 annually on the standards and model programming developed under 27.26 the demonstration project to guide the design of targeted early 27.27 intervention services to prevent crime and delinquency. 27.28 Subd. 19. [LITTLE EARTH EARLY LEARNING CENTER.] For a 27.29 matching grant to the Little Earth Residents Association for 27.30 programming in the Neighborhood Early Learning Center: 27.31 $250,000 ..... 1998 27.32 Each dollar of grant funds must be matched by a dollar of 27.33 nonstate money. 27.34 Subd. 20. [CAREER AND TRAINING GRANT.] For a grant to the 27.35 Total Solutions Group University and Summit Academy OIC for the 27.36 purpose of providing youth and adult career and technology 28.1 oriented training and education at the Northside Career and 28.2 Technology Center. 28.3 $178,000 ..... 1998 28.4 This appropriation does not cancel but is available until 28.5 spent. 28.6 Sec. 12. [LEAD HAZARD REDUCTION.] 28.7 For the lead hazard reduction program in Minnesota 28.8 Statutes, section 268.92: 28.9 $200,000 ..... 1998 28.10 The appropriation is available for the biennium ending June 28.11 30, 1999. 28.12 Of this amount $50,000 is for a grant to the city of St. 28.13 Louis Park to conduct lead testing and clean up in the 28.14 residential neighborhoods contaminated by an industrial lead 28.15 site. 28.16 ARTICLE 3 28.17 SELF-SUFFICIENCY PROGRAMS 28.18 Section 1. Minnesota Statutes 1996, section 119A.01, 28.19 subdivision 3, is amended to read: 28.20 Subd. 3. [PURPOSE.] The purpose in creating the department 28.21 is to increase the capacity of Minnesota communities to 28.22 measurably improve the well-being of children and families by: 28.23 (1) coordinating and integrating state funded and locally 28.24 administered family and children programs; 28.25 (2) improving flexibility in the design, funding, and 28.26 delivery of programs affecting children and families; 28.27 (3) providing greater focus on strategies designed to 28.28 prevent problems affecting the well-being of children and 28.29 families; 28.30 (4) enhancing local decision making, collaboration, and the 28.31 development of new governance models; 28.32 (5) improving public accountability through the provision 28.33 of research, information, and the development of measurable 28.34 program outcomes; 28.35 (6) increasing the capacity of communities to respond to 28.36 the whole child by improving the ability of families to gain 29.1 access to services; 29.2 (7) encouraging all members of a community to nurture all 29.3 the children in the community;and29.4 (8) supporting parents in their dual roles as breadwinners 29.5 and parents; and 29.6 (9) reducing the condition of poverty for families and 29.7 children through comprehensive community-based strategies. 29.8 Sec. 2. Minnesota Statutes 1996, section 119A.04, 29.9 subdivision 6, is amended to read: 29.10 Subd. 6. [FUNDING FOR TRANSFERRED PROGRAMS.] State 29.11 appropriations for programs transferred under this section may 29.12 not be used to replace appropriations for K-12 programs. State 29.13 and federal appropriations for programs under subdivision 5a, 29.14 transferred from the department of economic security, may not be 29.15 used to replace, supplement, or supplant federal or state 29.16 appropriations for any other program in the department. 29.17 Sec. 3. Minnesota Statutes 1996, section 119A.04, is 29.18 amended by adding a subdivision to read: 29.19 Subd. 7. [GRANTEES OF TRANSFERRED PROGRAMS.] Except as 29.20 provided in Minnesota Rules, chapter 3350, the commissioner 29.21 shall not reduce the numbers of organizations or eliminate 29.22 specific types of organizations that are eligible to directly 29.23 apply for grants made by programs transferred from the 29.24 department of economic security after January 1, 1997. 29.25 Sec. 4. Minnesota Statutes 1996, section 119A.15, is 29.26 amended by adding a subdivision to read: 29.27 Subd. 5a. [EXCLUDED PROGRAMS.] Programs transferred to the 29.28 department of children, families, and learning from the 29.29 department of economic security may not be included in the 29.30 consolidated funding account and are ineligible for local 29.31 consolidation. The commissioner may not apply for federal 29.32 waivers to include these programs in funding consolidation 29.33 initiatives. The programs include the following: 29.34 (1) programs for the homeless under sections 268.365, 29.35 268.38, and 268.39; 29.36 (2) emergency energy assistance and energy conservation 30.1 programs under sections 4.071 and 268.371; 30.2 (3) weatherization programs under section 268.37; 30.3 (4) foodshelf programs under section 268.55 and the 30.4 emergency food assistance program; and 30.5 (5) lead abatement programs under section 268.92. 30.6 Sec. 5. Minnesota Statutes 1996, section 124.17, 30.7 subdivision 2e, is amended to read: 30.8 Subd. 2e. [AVERAGE DAILY MEMBERSHIP, PUPILS AGE 21 OR 30.9 OVER.] The average daily membership for pupils age 21 or over,30.10 is equal to the ratio of the number of yearly hours that the 30.11 pupil is in membership to the number of instructional hours in 30.12 the district's regular school year. A pupil enrolled in the 30.13 graduation incentives program under section 126.22, subdivision 30.14 2, paragraph (b), for more than the number of instructional 30.15 hours in the district's regular school year may be counted as 30.16 more than one pupil in average daily membership. 30.17 Sec. 6. Minnesota Statutes 1996, section 124.26, is 30.18 amended by adding a subdivision to read: 30.19 Subd. 1d. [ADULTS WITH DISABILITIES.] An adult basic 30.20 education program may provide special instruction and services 30.21 to adults according to subdivision 1b who have a significant 30.22 impairment that limits or restricts a major life activity such 30.23 as hearing, seeing, speaking, walking, caring for oneself, 30.24 learning, working, or performing manual tasks, as determined by 30.25 the commissioner. The program must be approved by the 30.26 commissioner according to the criteria set forth in subdivision 30.27 1c. Adults who qualify for this program must have the ability 30.28 to make substantial progress toward their stated academic goals 30.29 in reading, writing, mathematics, and communications, as 30.30 determined by the commissioner. 30.31 Sec. 7. Minnesota Statutes 1996, section 124.26, 30.32 subdivision 2, is amended to read: 30.33 Subd. 2. [ACCOUNTS; REVENUE; AID.] Each district, group of 30.34 districts, or private nonprofit organization providing adult 30.35 basic education programs shall establish and maintain accounts 30.36 separate from all other district accounts for the receipt and 31.1 disbursement of all funds related to these programs. All 31.2 revenue received pursuant to this section shall be utilized 31.3 solely for the purposes of adult basic education programs. In 31.4 no case shall federal and state aid plus levy equal more than 31.5 100 percent of the actual cost of providing these programs. 31.6 Sec. 8. Minnesota Statutes 1996, section 124.2601, 31.7 subdivision 3, is amended to read: 31.8 Subd. 3. [AIDREVENUE.] Adult basic educationaidrevenue 31.9 for each approved program equals 65 percent of the general 31.10 education formula allowance times the number of full-time 31.11 equivalent students in its adult basic education program. 31.12 Sec. 9. Minnesota Statutes 1996, section 124.2601, 31.13 subdivision 4, is amended to read: 31.14 Subd. 4. [LEVY.] To obtain adult basic education revenue, 31.15 a district with an eligible program may levy an amount not to 31.16 exceed the amount raised by.12.119 percent times the adjusted 31.17 tax capacity of the district for the preceding year. 31.18 Sec. 10. Minnesota Statutes 1996, section 124.2601, 31.19 subdivision 5, is amended to read: 31.20 Subd. 5. [REVENUEAID.] Adult basic educationrevenueaid 31.21 is equal to thesumdifference of an approved program's adult 31.22 basic educationaidrevenue and its adult basic education levy. 31.23 If the district does not levy the full amount permitted, the 31.24 adult education aid shall be reduced in proportion to the actual 31.25 amount levied. 31.26 Sec. 11. Minnesota Statutes 1996, section 124.2601, 31.27 subdivision 6, is amended to read: 31.28 Subd. 6. [AID GUARANTEE.] (a) For fiscal year 1994, any 31.29 adult basic education program that receives less state aid under 31.30 subdivisions 3 and 7 than from the aid formula for fiscal year 31.31 1992 shall receive the amount of aid it received in fiscal year 31.32 1992. 31.33 (b) For 1995 and later fiscal years, an adult basic 31.34 education program that receives aid shall receive at least the 31.35 amount of aid it received in fiscal year 1992 under subdivisions 31.36 3 and 7, plus aid equal to the amount of revenue that would have 32.1 been raised for taxes payable in 1994 under Minnesota Statutes 32.2 1992, section 124.2601, subdivision 4, minus the amount raised 32.3 under subdivision 4. 32.4 (c) For fiscal year 1998, any adult basic education program 32.5 that receives less state aid than in fiscal year 1997 shall 32.6 receive additional aid equal to 80 percent of the difference 32.7 between its 1997 aid and the amount of aid under subdivision 5. 32.8 For fiscal year 1999 and later, additional aid under this 32.9 paragraph shall be reduced by 20 percent each year. 32.10 Sec. 12. Minnesota Statutes 1996, section 124.2601, is 32.11 amended by adding a subdivision to read: 32.12 Subd. 8. [ADULTS WITH DISABILITIES AID.] Adult basic 32.13 education aid for adults with disabilities programs established 32.14 under section 124.26, subdivision 1d, equals $225 for each 32.15 eligible participant enrolled for a minimum of 12 hours. 32.16 Sec. 13. Minnesota Statutes 1996, section 124.261, 32.17 subdivision 1, is amended to read: 32.18 Subdivision 1. [AID ELIGIBILITY.] For fiscalyearyears 32.19 1996 and later, adult high school graduation aid for eligible 32.20 pupils age 21 or over, equals 65 percent of the general 32.21 education formula allowance times 1.30 times the average daily 32.22 membership under section 124.17, subdivision 2e.For 1997 and32.23later fiscal years, adult high school graduation aid per32.24eligible pupil equals the amount established by the commissioner32.25of children, families, and learning, in consultation with the32.26commissioner of finance, based on the appropriation for this32.27program.Adult high school graduation aid must be paid in 32.28 addition to any other aid to the district. Pupils age 21 or 32.29 over may not be counted by the district for any purpose other 32.30 than adult high school graduation aid. 32.31 Sec. 14. Minnesota Statutes 1996, section 268.53, 32.32 subdivision 5, is amended to read: 32.33 Subd. 5. [FUNCTIONS; POWERS.] A community action agency 32.34 shall: 32.35 (a) Plan systematically for an effective community action 32.36 program; develop information as to the problems and causes of 33.1 poverty in the community; determine how much and how effectively 33.2 assistance is being provided to deal with those problems and 33.3 causes; and establish priorities among projects, activities and 33.4 areas as needed for the best and most efficient use of 33.5 resources; 33.6 (b) Encourage agencies engaged in activities related to the 33.7 community action program to plan for, secure, and administer 33.8 assistance available under section 268.52 or from other sources 33.9 on a common or cooperative basis; provide planning or technical 33.10 assistance to those agencies; and generally, in cooperation with 33.11 community agencies and officials, undertake actions to improve 33.12 existing efforts to reduce poverty, such as improving day-to-day 33.13 communications, closing service gaps, focusing resources on the 33.14 most needy, and providing additional opportunities to low-income 33.15 individuals for regular employment or participation in the 33.16 programs or activities for which those community agencies and 33.17 officials are responsible; 33.18 (c) Initiate and sponsor projects responsive to needs of 33.19 the poor which are not otherwise being met, with particular 33.20 emphasis on providing central or common services that can be 33.21 drawn upon by a variety of related programs, developing new 33.22 approaches or new types of services that can be incorporated 33.23 into other programs, and filling gaps pending the expansion or 33.24 modification of those programs; 33.25 (d) Establish effective procedures by which the poor and 33.26 area residents concerned will be enabled to influence the 33.27 character of programs affecting their interests, provide for 33.28 their regular participation in the implementation of those 33.29 programs, and provide technical and other support needed to 33.30 enable the poor and neighborhood groups to secure on their own 33.31 behalf available assistance from public and private sources; 33.32 (e) Join with and encourage business, labor and other 33.33 private groups and organizations to undertake, together with 33.34 public officials and agencies, activities in support of the 33.35 community action program which will result in the additional use 33.36 of private resources and capabilities, with a view to developing 34.1 new employment opportunities, stimulating investment that will 34.2 have a measurable impact on reducing poverty among residents of 34.3 areas of concentrated poverty, and providing methods by which 34.4 residents of those areas can work with private groups, firms, 34.5 and institutions in seeking solutions to problems of common 34.6 concern. 34.7 Community action agencies, the Minnesota migrant council, 34.8 and the Indian reservations, may enter into cooperative 34.9 purchasing agreements and self-insurance programs with local 34.10 units of government. Nothing in this section expands or limits 34.11 the current private or public nature of a local community action 34.12 agency. 34.13 (f) Adopt policies that require the agencies to refer area 34.14 residents and community action program constituents to education 34.15 programs that increase literacy, improve parenting skills, and 34.16 address the needs of children from families in poverty. These 34.17 programs include, but are not limited to, early childhood family 34.18 education programs, adult basic education programs, and other 34.19 life-long learning opportunities. The agencies and agency 34.20 programs, including Head Start, shall collaborate with child 34.21 care and other early childhood education programs to ensure 34.22 smooth transitions to work for parents. 34.23 Sec. 15. Minnesota Statutes 1996, section 268.912, is 34.24 amended to read: 34.25 268.912 [HEAD START PROGRAM.] 34.26 The department ofeconomic securitychildren, families, and 34.27 learning is the state agency responsible for administering the 34.28 Head Start program. The commissioner ofeconomic security34.29 children, families, and learning may make grants to public or 34.30 private nonprofit agencies for the purpose of providing 34.31 supplemental funds for the federal Head Start program. 34.32 Sec. 16. Minnesota Statutes 1996, section 268.913, 34.33 subdivision 2, is amended to read: 34.34 Subd. 2. [PROGRAM ACCOUNT 20.] "Program account 20" means 34.35 the federally designated and funded accountlimited tofor 34.36 training and technical assistance activities. 35.1 Sec. 17. Minnesota Statutes 1996, section 268.913, 35.2 subdivision 4, is amended to read: 35.3 Subd. 4. [PROGRAM ACCOUNT2625.] "Program account2625" 35.4 means the federally designated and funded accountthat can only35.5be used to provide special services to handicapped diagnosed35.6childrenfor parent child centers. 35.7 Sec. 18. Minnesota Statutes 1996, section 268.914, 35.8 subdivision 1, is amended to read: 35.9 Subdivision 1. [STATE SUPPLEMENT FOR FEDERAL GRANTEES.] 35.10 (a) The commissioner ofeconomic security shallchildren, 35.11 families, and learning must distribute money appropriated for 35.12 that purpose to Head Start program grantees to expand 35.13 services and to serve additional low-income children. Money 35.14 must be allocated to each project Head Start grantee in 35.15 existence on the effective date of Laws 1989, chapter 282. 35.16 Migrant and Indian reservation grantees must be initially 35.17 allocated money based on the grantees' share of federal funds. 35.18 The remaining money must be initially allocated to the remaining 35.19 local agencies based equally on the agencies' share of federal 35.20 funds and on the proportion of eligible children in the 35.21 agencies' service area who are not currently being served. A 35.22 Head Start grantee must be funded at a per child rate equal to 35.23 its contracted, federally funded base level for program accounts 35.2420 to 2620, 22, and 25 at the start of the fiscal year. In 35.25 allocating funds under this paragraph, the commissionerof35.26economic securitymust assure that each Head Start grantee is 35.27 allocated no less funding in any fiscal year than was allocated 35.28 to that grantee in fiscal year 1993. The commissioner may 35.29 provide additional funding to grantees for start-up costs 35.30 incurred by grantees due to the increased number of children to 35.31 be served. Before paying money to the grantees, the 35.32 commissionershallmust notify each grantee of its initial 35.33 allocation, how the money must be used, and the number of 35.34 low-income children that must be served with the allocation. 35.35 Each grantee must notify the commissioner of the number 35.36 ofadditionallow-income children it will be able to serve. For 36.1 any grantee that cannotserve additional children toutilize its 36.2 full allocation, the commissionershallmust reduce the 36.3 allocation proportionately. Money available after the initial 36.4 allocations are reduced must be redistributed to eligible 36.5 grantees. 36.6 (b) Up to 11 percent of the funds appropriated annually may 36.7 be used to provide grants to local Head Start agencies to 36.8 provide funds for innovative programs designed either to target 36.9 Head Start resources to particular at-risk groups of children or 36.10 to provide services in addition to those currently allowable 36.11 under federal Head Start regulations. The commissionershall36.12 must award funds for innovative programs under this paragraph on 36.13 a competitive basis. 36.14 Sec. 19. [WORKER PARTICIPATION COMMITTEES.] 36.15 Notwithstanding Minnesota Statutes, section 15.059, 36.16 subdivision 6, the worker participation committees established 36.17 under Laws 1995, First Special Session chapter 3, article 16, 36.18 section 10, subdivision 3, does not expire until June 30, 1999. 36.19 Sec. 20. [RESIDENTIAL WEATHERIZATION.] 36.20 The commissioner of children, families, and learning shall 36.21 make grants to organizations to weatherize homes of Minnesota 36.22 residents who are 65 years of age or older. Community action 36.23 agencies and other public and private nonprofit organizations 36.24 may apply under Minnesota Statutes, section 268.37, for grants 36.25 from the state appropriation. Eligible recipients must meet the 36.26 income guidelines under the weatherization program and asset 36.27 limitations under medical assistance. Notwithstanding Minnesota 36.28 Statutes, section 268.37, subdivision 4, the commissioner shall 36.29 award grants under this section to meet the goal of weatherizing 36.30 the maximum number of residences of elderly Minnesotans within 36.31 the limits of the appropriation. 36.32 Sec. 21. [CAP PROGRAMMING.] 36.33 Community action agencies under Minnesota Statutes, section 36.34 268.53, shall review and evaluate how CAP agencies can integrate 36.35 an education component into the functions and powers under 36.36 Minnesota Statutes, section 268.53, subdivision 5, and the 37.1 community action programs under Minnesota Statutes, section 37.2 268.53. The agencies shall make recommendations and make a 37.3 proposal to the family and early childhood education finance 37.4 division on the means to incorporate education into the 37.5 antipoverty programs administered by CAP agencies. 37.6 Sec. 22. [COOPERATIVE ENGLISH AS A SECOND LANGUAGE AND 37.7 ADULT BASIC EDUCATION PROGRAMS.] 37.8 Subdivision 1. [NONPROFIT, COMMUNITY-BASED ORGANIZATIONS.] 37.9 Any school district, or adult basic education consortium that 37.10 receives revenue under Minnesota Statutes, section 124.2601, 37.11 must collaborate with community-based organizations and 37.12 nonprofit organizations within their district or region that 37.13 have demonstrated the capacity to deliver English as a second 37.14 language or citizenship programming. The district or consortium 37.15 must consider an organization to have demonstrated the capacity 37.16 to deliver programming if the organization has past experience 37.17 or meets the criteria in subdivision 2. No more than eight 37.18 percent of the total funds provided by a school district or an 37.19 adult basic education consortium to a nonprofit or 37.20 community-based organization under this section, may be used for 37.21 the administrative costs of providing English as a second 37.22 language, adult basic education, or citizenship programs. 37.23 Subd. 2. [ELIGIBILITY CRITERIA.] A community-based 37.24 organization or nonprofit organization without past experience 37.25 providing adult basic education services under Minnesota 37.26 Statutes, section 124.2601, must demonstrate that it has met the 37.27 following criteria: 37.28 (1) be legally established as a nonprofit organization; 37.29 (2) have facilities that are accessible to all learners; 37.30 (3) have an established system for fiscal accounting and 37.31 reporting that is consistent with the department of children, 37.32 families, and learning's ABE completion report; 37.33 (4) employ a licensed teacher; and 37.34 (5) require all instructional staff to complete the 37.35 Minnesota Literacy Council's 12-hour training session. 37.36 Sec. 23. [ADULT BASIC EDUCATION STUDIES.] 38.1 Subdivision 1. [COST OF SERVICES AND EQUITY OF 38.2 FUNDING.] The legislative audit commission is asked to request 38.3 that the office of the legislative auditor conduct a study of 38.4 the funding for adult basic education under Minnesota Statutes, 38.5 sections 124.26, 124.2605, and 124.261. The study should assess: 38.6 the cost of providing adult basic education on a per pupil 38.7 basis; the relationship of the cost to the current funding 38.8 formulas for adult basic education; the contribution of K-12 38.9 funding for adult basic education; the relative contribution of 38.10 state aid and local levy to the funding for adult basic 38.11 education; and the equity of the current funding formulas. The 38.12 study should provide recommendations on appropriate funding for 38.13 adult basic education programs, including recommendations on the 38.14 contributions by local school districts through dedicated levies 38.15 and funding that follows students from the K-12 system to the 38.16 adult basic education program. 38.17 Subd. 2. [STUDY OF PERFORMANCE MEASURES FOR ADULT BASIC 38.18 EDUCATION.] The commissioner of children, families, and learning 38.19 shall identify and evaluate participation and performance 38.20 measures for the adult basic education system. The evaluation 38.21 should examine: 38.22 (1) measures and methods to monitor the progress and 38.23 achievements of adults who participate in adult basic education; 38.24 (2) measures of delivery and participation for adults in 38.25 adult basic education including hours of service, intensity of 38.26 service, expectations for and measurement of reasonable 38.27 progress, and priorities for providing service if demand exceeds 38.28 capacity or resources; 38.29 (3) the relationship of participation, intensity, 38.30 priorities, and progress to measures of student performance; 38.31 (4) measures to assess the performance of organizations and 38.32 entities delivering adult basic education services; and 38.33 (5) methods to provide performance-based funding for adult 38.34 basic education programs. 38.35 The commissioner of children, families, and learning shall 38.36 make recommendations to the legislature on a performance-based 39.1 adult basic education system and may contract for all or part of 39.2 the study. 39.3 Sec. 24. [ADULT BASIC EDUCATION TECHNOLOGY PROJECT.] 39.4 The commissioner of children, families, and learning shall 39.5 establish an adult basic education technology project to design, 39.6 implement, and evaluate the use of online technological 39.7 applications for adult learners. The commissioner shall appoint 39.8 individuals to a working group to collaboratively carry out the 39.9 project. Members of the working group must represent adult 39.10 basic education programs that have demonstrated skills and 39.11 experience working with online learning technologies, technology 39.12 experts, and specialists in adult learning and English as a 39.13 second language. Over a three-year period, the working group 39.14 shall plan and develop an adult learning curriculum that is 39.15 consistent with the Minnesota graduation standards and that can 39.16 be delivered through telecommunications to adult learning sites. 39.17 In the first year, the group shall identify, design, and 39.18 test online curriculum and delivery methods for use in adult 39.19 learning programs including adult diploma, general equivalency 39.20 diploma, and English as a second language programs. In the 39.21 second and third years, the group shall identify and implement 39.22 methods to transfer the curriculum and online methods to adult 39.23 basic education providers, provide staff development, and 39.24 evaluate the use of online curriculum. 39.25 Sec. 25. [LOW-INCOME ENERGY ASSISTANCE REVENUE REPORT OF 39.26 FINDINGS.] 39.27 The commissioner that administers the low-income energy 39.28 assistance program shall coordinate a report of findings of 39.29 potential revenue sources for the low-income energy assistance 39.30 program. The report of findings must be done, to the extent 39.31 possible, in cooperation with the commissioner of revenue, the 39.32 commissioner of public service, the public utilities commission, 39.33 members representing the industry including the delivered fuel 39.34 industry, rural electric cooperatives, regulated utilities, 39.35 municipal utilities, and representatives of low-income energy 39.36 advocates and other consumer advocates. By January 31, 1998, 40.1 the report of findings must review and make recommendations to 40.2 the appropriate legislative committees on potential sources of 40.3 revenue to provide assistance to low-income energy consumers 40.4 including, but not limited to: 40.5 (1) a surcharge on summer delivered fuel fills; 40.6 (2) all fuels charge; 40.7 (3) margin over rack programs; 40.8 (4) revenue-based and BTU-based wires charges; and 40.9 (5) general revenue funds. 40.10 Sec. 26. [EMERGENCY SERVICES GRANTS.] 40.11 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 40.12 section, the terms in this subdivision have the meanings given 40.13 them. 40.14 (b) "Emergency services" means: 40.15 (1) providing emergency shelter for homeless persons; and 40.16 (2) assisting homeless persons in obtaining essential 40.17 services, including: 40.18 (i) access to permanent housing; 40.19 (ii) medical and psychological help; 40.20 (iii) employment counseling and job placement; 40.21 (iv) substance abuse treatment; 40.22 (v) financial assistance available from other programs; 40.23 (vi) emergency child care; 40.24 (vii) transportation; and 40.25 (viii) other services needed to stabilize housing. 40.26 (c) "Eligible organization" means a local governmental unit 40.27 or nonprofit organization providing or seeking to provide 40.28 emergency services for homeless persons. 40.29 Subd. 2. [PROGRAM ESTABLISHED; PURPOSE.] An emergency 40.30 services grant program is established to provide homeless 40.31 persons essential services and emergency shelter in safe, 40.32 sanitary, and decent facilities. The grant program is to help 40.33 eligible organizations improve the quality of existing shelters, 40.34 make available other emergency housing, meet the operating and 40.35 maintenance costs of shelters, and provide essential services to 40.36 homeless persons. The program shall be administered by the 41.1 commissioner of children, families, and learning. 41.2 Subd. 3. [DISTRIBUTION OF GRANTS.] The commissioner of 41.3 children, families, and learning shall make grants so as to 41.4 ensure that emergency services are available to meet the needs 41.5 of homeless persons statewide. 41.6 Subd. 4. [MATCHING FUNDS.] The commissioner of children, 41.7 families, and learning may require a grantee to match the grant 41.8 amount with $1 of nonstate funds for every $2 of grant funds. 41.9 The match may be in-kind, including the value of volunteer time, 41.10 or in cash, or a combination of the two. 41.11 Subd. 5. [APPLICATIONS.] An eligible organization may 41.12 apply to the commissioner of children, families, and learning 41.13 for a grant to initiate, maintain, or expand a program providing 41.14 emergency services for homeless persons. The commissioner of 41.15 children, families, and learning shall determine the timing and 41.16 form of the application for the program. 41.17 Subd. 6. [CRITERIA FOR GRANT AWARDS.] The commissioner of 41.18 children, families, and learning shall award grants based on the 41.19 following criteria: 41.20 (1) that the application is for a grant to provide 41.21 emergency services; 41.22 (2) evidence of the applicant's need for state assistance 41.23 and of the need for the particular emergency services to be 41.24 funded; and 41.25 (3) long-range plans for future funding if the need 41.26 continues to exist for the emergency services. 41.27 Subd. 7. [PROGRAM INFORMATION.] In order to collect 41.28 uniform data to measure better the nature and extent of the need 41.29 for emergency services, grant recipients shall collect and make 41.30 available to the commissioner the following information: 41.31 (1) the number of persons who seek emergency shelter and 41.32 where they are seeking shelter; 41.33 (2) the number of persons for whom shelter is provided and 41.34 where, by age, sex, and whether as an individual or part of a 41.35 family; 41.36 (3) the reasons for seeking assistance; 42.1 (4) the length of stay; 42.2 (5) the reasons for leaving the shelter; and 42.3 (6) the demand for essential services. 42.4 Sec. 27. [APPROPRIATIONS.] 42.5 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 42.6 LEARNING.] The sums indicated in this section are appropriated 42.7 from the general fund to the department of children, families, 42.8 and learning for the fiscal years designated. 42.9 Subd. 2. [ADULT BASIC EDUCATION AID.] For adult basic 42.10 education aid according to Minnesota Statutes, section 124.26 in 42.11 fiscal year 1998 and Minnesota Statutes, section 124.2601 in 42.12 fiscal year 1999: 42.13 $12,042,000 ..... 1998 42.14 $12,605,000 ..... 1999 42.15 The 1998 appropriation includes $837,000 for 1997 and 42.16 $11,205,000 for 1998. 42.17 The 1999 appropriation includes $1,245,000 for 1998 and 42.18 $11,360,000 for 1999. 42.19 Subd. 3. [ADULT BASIC EDUCATION TECHNOLOGY PROJECT.] For 42.20 the adult basic education technology project under section 9: 42.21 $50,000 ..... 1998 42.22 $200,000 ..... 1999 42.23 Any balance in the second year does not cancel but is 42.24 available in the second year. This is a one-time appropriation 42.25 only and is not to be added to the base. 42.26 Subd. 4. [ADULT BASIC EDUCATION STUDY.] For the study of 42.27 performance measurers for adult basic education under section 8, 42.28 subdivision 2: 42.29 $25,000 ..... 1998 42.30 Subd. 5. [ADULTS WITH DISABILITIES.] For aid for adults 42.31 with disabilities under Minnesota Statutes, section 124.26, 42.32 subdivision 1d: 42.33 $150,000 ..... 1998 42.34 $150,000 ..... 1999 42.35 Any balance in the first year does not cancel but is 42.36 available in the second year. This is a one-time appropriation 43.1 and is not to be added to the base. 43.2 Subd. 6. [ADULT GRADUATION AID.] For adult graduation aid 43.3 according to Minnesota Statutes, section 124.261: 43.4 $3,185,000 ..... 1998 43.5 $2,453,000 ..... 1999 43.6 The 1998 appropriation includes $224,000 for 1997 and 43.7 $2,961,000 for 1998. 43.8 The 1999 appropriation includes $329,000 for 1998 and 43.9 $2,124,000 for 1999. 43.10 Subd. 7. [GED TESTS.] For payment of 60 percent of the 43.11 costs of GED tests: 43.12 $125,000 ..... 1998 43.13 $125,000 ..... 1999 43.14 Any balance in the first year does not cancel but is 43.15 available in the second year. 43.16 Subd. 8. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 43.17 Minnesota economic opportunity grants: 43.18 $9,000,000 ..... 1998 43.19 $9,000,000 ..... 1999 43.20 Of this appropriation, the commissioner may use up to 8.7 43.21 percent each year for state operations. 43.22 Any balance in the first year does not cancel but is 43.23 available in the second year. 43.24 Subd. 9. [TRANSITIONAL HOUSING PROGRAMS.] For transitional 43.25 housing programs: 43.26 $1,635,000 ..... 1998 43.27 $1,385,000 ..... 1999 43.28 Any balance in the first year does not cancel but is 43.29 available in the second year. Of this amount, the commissioner 43.30 may use up to five percent each year for administration of 43.31 transitional housing programs. In fiscal year 1998, $250,000 is 43.32 a one-time appropriation only and is not to be added to the 43.33 permanent base. 43.34 Subd. 10. [FOOD BANK PROGRAM.] For foodshelf programs 43.35 according to Minnesota Statutes, section 268.55: 43.36 $1,153,000 ..... 1998 44.1 $1,153,000 ..... 1999 44.2 Any balance available in the first year does not cancel but 44.3 is available in the second year. 44.4 Subd. 11. [EMERGENCY FOOD ASSISTANCE.] For emergency food 44.5 assistance according to Laws 1995, chapter 224, section 5, 44.6 subdivision 3: 44.7 $97,000 ..... 1998 44.8 $97,000 ..... 1999 44.9 Any balance in the first year does not cancel but is 44.10 available in the second year. 44.11 Subd. 12. [RESIDENTIAL WEATHERIZATION.] For grants to 44.12 organizations to weatherize residences of Minnesotans who are 65 44.13 years old or older under section 20: 44.14 $250,000 ..... 1998 44.15 $250,000 ..... 1999 44.16 Subd. 13. [HEAD START PROGRAM.] For Head Start programs 44.17 according to Minnesota Statutes, section 268.914: 44.18 $15,095,000 ..... 1998 44.19 $15,095,000 ..... 1999 44.20 The commissioner may use up to two percent each year for 44.21 state operations. 44.22 Any balance in the first year does not cancel but is 44.23 available in the second year. 44.24 Subd. 14. [GED PROGRAMMING GRANT.] For a grant to a public 44.25 television station that serves rural areas of Minnesota to 44.26 provide GED programming to aid immigrants and others who lack a 44.27 high school diploma to obtain a GED in order to continue their 44.28 educations: 44.29 $75,000 ..... 1998 44.30 $75,000 ..... 1999 44.31 Subd. 15. [EMERGENCY SERVICES GRANT PROGRAM.] For the 44.32 purposes of the emergency services grant program: 44.33 $250,000 ..... 1998 44.34 This appropriation is available until June 30, 1999, and is 44.35 a one-time appropriation only and is not to be added to the base. 44.36 Subd. 16. [TRANSFERS; WEATHERIZATION; ENERGY 45.1 ASSISTANCE.] For the biennium ending June 30, 1999, the 45.2 commissioner shall transfer to the low-income home 45.3 weatherization program at least five percent of the money 45.4 received under the low-income home energy assistance block grant 45.5 in each year of the biennium and shall spend all of the 45.6 transferred money during the year of the transfer or the year 45.7 following the transfer. Up to 1.63 percent of the transferred 45.8 money may be used by the commissioner for administrative 45.9 purposes. 45.10 For the biennium ending June 30, 1999, no more than 1.63 45.11 percent of money remaining under the low-income home energy 45.12 assistance program after transfers to the weatherization program 45.13 may be used by the commissioner for administrative purposes. 45.14 ARTICLE 4 45.15 CHILD CARE 45.16 Section 1. Minnesota Statutes 1996, section 15.53, 45.17 subdivision 2, is amended to read: 45.18 Subd. 2. [PERIOD OF ASSIGNMENT.] The period of individual 45.19 assignment or detail under an interchange program shall not 45.20 exceed 24 months, nor shall any person be assigned or detailed 45.21 for more than 24 months during any 36-month period, except when 45.22 the assignment or detail is made to coincide with an 45.23 unclassified appointment under section 15.06. A school 45.24 district, a county, or a public health entity may make an 45.25 assignment for a period not to exceed five years, if the 45.26 assignment is made pursuant to section 121.8355, subdivision 6. 45.27 Details relating to any matter covered in sections 15.51 to 45.28 15.57 may be the subject of an agreement between the sending and 45.29 receiving agencies. Elected officials shall not be assigned 45.30 from a sending agency nor detailed to a receiving agency. 45.31 Sec. 2. Minnesota Statutes 1996, section 119A.13, 45.32 subdivision 2, is amended to read: 45.33 Subd. 2. [ADVISORY COUNCIL.] An advisory council of1917 45.34 members is established under section 15.059. The commissioners 45.35 of human services,public safety,health, and children, 45.36 families, and learning, and correctionsshall each appoint one 46.1 member. The subcommittee on committees of the senate and the 46.2 speaker of the house of representatives shall each appoint two 46.3 members of their respective bodies, one from each caucus. The 46.4 governor shall appoint an additional ten members who shall 46.5 demonstrate knowledge in the area of child abuse prevention and 46.6 shall represent the demographic and geographic composition of 46.7 the state, and to the extent possible, represent the following 46.8 groups: local government, parents, racial and ethnic minority 46.9 communities, the religious community, professional providers of 46.10 child abuse preventionand treatment services, and volunteers in 46.11 child abuse preventionand treatmentservices. The council 46.12 shall advise and assist the commissioner in carrying out 46.13 sections 119A.10 to 119A.16. The council does not expire as 46.14 provided by section 15.059, subdivision 5. 46.15 Sec. 3. Minnesota Statutes 1996, section 119A.13, 46.16 subdivision 3, is amended to read: 46.17 Subd. 3. [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1, 46.18 1987, the commissioner, assisted by the advisory council, shall 46.19 develop a plan to disburse money from the trust fund. In 46.20 developing the plan, the commissioner shall review prevention 46.21 programs. The plan must ensure that all geographic areas of the 46.22 state have an equal opportunity to establish prevention programs 46.23 and receive trust fund money.Biennially thereafter the46.24commissioner shall send the plan to the legislature and the46.25governor by January 1 of each odd-numbered year.46.26 Sec. 4. Minnesota Statutes 1996, section 119A.13, 46.27 subdivision 4, is amended to read: 46.28 Subd. 4. [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The 46.29 commissioner shall: 46.30 (1) provide for the coordination and exchange of 46.31 information on the establishment and maintenance of prevention 46.32 programs; 46.33 (2) develop and publish criteria for receiving trust fund 46.34 money by prevention programs; 46.35 (3) review, approve, and monitor the spending of trust fund 46.36 money by prevention programs; 47.1 (4) provide statewide educational and public informational 47.2 seminars to develop public awareness on preventing child abuse; 47.3 to encourage professional persons and groups to recognize 47.4 instances of child abuse and work to prevent them; to make 47.5 information on child abuse prevention available to the public 47.6 and to organizations and agencies; and to encourage the 47.7 development of prevention programs; 47.8 (5) establish a procedure for an annual, internal 47.9 evaluation of the functions, responsibilities, and performance 47.10 of the commissioner in carrying out Laws 1986, chapter 423. In47.11a year in which the state plan is prepared, the evaluation must47.12be coordinated with the preparation of the state plan; 47.13 (6) provide technical assistance to local councils and 47.14 agencies working in the area of child abuse prevention; and 47.15 (7) accept and review grant applications beginning June 1, 47.16 1987. 47.17 (b) The commissioner shall recommend to the governor and 47.18 the legislature changes in state programs, statutes, policies, 47.19 budgets, and standards that will reduce the problems of child 47.20 abuse, improve coordination among state agencies that provide 47.21 prevention services, and improve the condition of children, 47.22 parents, or guardians in need of prevention program services. 47.23 Sec. 5. Minnesota Statutes 1996, section 119A.14, is 47.24 amended to read: 47.25 119A.14 [LOCAL CHILD ABUSE PREVENTION COUNCILS.] 47.26 Subdivision 1. [ESTABLISHMENT OF COUNCIL.] A child abuse 47.27 prevention council may be established in any county or group of 47.28 counties that was eligible to receive funds under Minnesota 47.29 Statutes 1986, section 145.917 as of January 1, 1986. A council 47.30 organized in such a county or group of counties shall be 47.31 authorized by the commissioner to review programs seeking trust 47.32 fund money on finding that the council meets the criteria in 47.33 this subdivision: 47.34 (a) The council has submitted a plan for the prevention of 47.35 child abuse that includes asurveyrank ordering of needed 47.36 programs and services, assesses the need for additional programs 48.1 or services, and demonstrates that standards and procedures have 48.2 been established to ensure that funds will be distributed and 48.3 used according to Laws 1986, chapter 423. 48.4 (b) A single-county council shall consist of: 48.5 (1)members of a multidisciplinary child protection team48.6which must be established under section 626.558a minimum of 48.7 nine members with the majority consisting of members from the 48.8 community-at-large who do not represent service-providing 48.9 agencies. These members shall represent the demographic and 48.10 geographic composition of the county and, to the extent 48.11 possible, represent the following groups: parents, businesses, 48.12 racial and ethnic minority communities, and the faith 48.13 communities; and 48.14 (2) if necessary, enough additional membersappointed by48.15the countywith knowledge in the area of child abuse prevention 48.16 so that a majority of the council is composed of members who do 48.17 not represent public agencies. 48.18 (c) A multicounty council shall beselected bycomposed of 48.19 the combined membership ofthose multidisciplinary teams which48.20have been established in the counties under section 626.558 and48.21shall consist of:persons in paragraph (b). 48.22(1) one representative each from local human services48.23agencies, county attorney offices, county sheriff offices, and48.24health and education agencies, chosen from among the membership48.25of all the teams;48.26(2) one representative from any other public agency group48.27represented among the combined teams; and48.28(3) enough additional members from the public who have48.29knowledge in the area of child abuse so that a majority of the48.30council is composed of members who do not represent public48.31agencies.48.32(d) In any multicounty group eligible to establish a48.33council under this subdivision, at least 50 percent of the48.34counties must have established a multidisciplinary team under48.35section 626.558 before a council may be established.48.36 Subd. 2. [REVIEW BY COUNCIL.] To be eligible to receive a 49.1 grant from the trust fund, an applicant must have had 49.2 itsprogramapplication reviewed by a child abuse prevention 49.3 council from the applicant's geographic area found by the 49.4 commissioner to meet the criteria in this section. In reviewing 49.5 allsuch programsapplications, the council shall consider the 49.6 extent to which the applicant meets the criteria and standards 49.7 in Laws 1986, chapter 423, and the degree to which the program 49.8 meets the needs of the geographic area. The council shall 49.9 provide to the advisory council its comments and recommendations 49.10 concerning eachprogramapplication reviewed and shall provide 49.11 the advisory council with its prioritization by rank ordering of 49.12 allprogramsapplications reviewed. 49.13 Sec. 6. Minnesota Statutes 1996, section 119A.15, 49.14 subdivision 2, is amended to read: 49.15 Subd. 2. [MATCHING AND OTHER REQUIREMENTS.] Trust fund 49.16 money shall only be distributed to applicants that demonstrate 49.17 an ability to minimally match 40 percent of the amount of trust 49.18 fund money requested and whose proposals meet the other 49.19 criteria. The matching requirement may be met through in-kind 49.20 donations. In awarding grants, the commissioner shall consider 49.21 the extent to which the applicant has demonstrated a willingness 49.22 and ability to: 49.23 (1) continue the prevention program or service if trust 49.24 fund money is eliminated or reduced; and 49.25 (2) provide prevention program models and consultation to 49.26 other organizations and communities. 49.27 Sec. 7. Minnesota Statutes 1996, section 119A.15, 49.28 subdivision 5, is amended to read: 49.29 Subd. 5. [LOCAL COUNCIL AS RECIPIENT OF FUNDS.] The 49.30 commissioner may disburse funds to a local councilon the same49.31basis as to any other applicantfor community education 49.32 purposes, orasfor administrative costs in carrying out Laws 49.33 1986, chapter 423, if all criteria and standards are met.Funds49.34disbursed as administrative costs to a local council must not49.35exceed five percent of total funds disbursed to the area served49.36by the local council.50.1 Sec. 8. Minnesota Statutes 1996, section 119A.16, is 50.2 amended to read: 50.3 119A.16 [ACCEPTANCE OF FEDERAL FUNDS AND OTHER DONATIONS.] 50.4 The commissioner may accept federal money and gifts, 50.5 donations, and bequests for the purposes of Laws 1986, chapter 50.6 423. Money so received and proceeds from the sale of 50.7 promotional items, minus sales promotional costs, must be 50.8 deposited in the trust fund and must be made availableannually50.9 to the commissioner. 50.10 Sec. 9. Minnesota Statutes 1996, section 119B.01, is 50.11 amended by adding a subdivision to read: 50.12 Subd. 7a. [DEPARTMENT.] "Department" means the department 50.13 of children, families, and learning. 50.14 Sec. 10. Minnesota Statutes 1996, section 119B.01, 50.15 subdivision 8, is amended to read: 50.16 Subd. 8. [EDUCATION PROGRAM.] "Education program" means 50.17 remedial or basic education or English as a second language 50.18 instruction, a program leading to a general equivalency or high 50.19 school diploma, post-secondary programs excluding 50.20 postbaccalaureate programs, and other education and training 50.21 needs as documented in anemployabilityemployment planthat is50.22developed by an employment and training service provider50.23certified by the commissioner of economic security or an50.24individual designated by the county to provide employment and50.25training services, as defined in subdivision 9. The 50.26employabilityemployment plan must outline education and 50.27 training needs of a recipient, meet state requirements 50.28 foremployabilityemployment plans, meet the requirements 50.29 of this chapter, and Minnesota Rules, parts9565.50003400.0010 50.30 to9565.52003400.0230, and meet the requirements of programs 50.31 that provide federal reimbursement for child care services. 50.32 Sec. 11. Minnesota Statutes 1996, section 119B.01, 50.33 subdivision 9, is amended to read: 50.34 Subd. 9. [EMPLOYMENTPROGRAMPLAN.] "Employmentprogram50.35 plan" means employment of recipients financially eligible for 50.36 child care assistance,preemployment activities,or other work 51.1 activities approved in an employability development, job search 51.2 support plan, or employment plan that is developed by the county 51.3 agency, if it is acting as an employment and training service 51.4 provider, an employment and training service provider certified 51.5 by the commissioner of economic security or an individual 51.6 designated by the county to provide employment and training 51.7 services. The plans and designation of a service provider must 51.8 meet the requirements of this chapter and chapter 256J or 51.9 chapter 256K, if enacted, Minnesota Rules, parts9565.500051.10 3400.0010 to9565.52003400.0230, and other programs that 51.11 provide federal reimbursement for child care services. 51.12 Sec. 12. Minnesota Statutes 1996, section 119B.01, 51.13 subdivision 12, is amended to read: 51.14 Subd. 12. [INCOME.] "Income" means earned or unearned 51.15 income received by all family members16 years or older, 51.16 including public assistance benefits, unless specifically 51.17 excluded. The following are excluded from income: funds used 51.18 to pay for health insurance premiums for family members, 51.19 scholarships, work-study income, and grants that cover costs for 51.20 tuition, fees, books, and educational supplies; student loans 51.21 for tuition, fees, books, supplies, and living expenses; earned 51.22 income tax credits; in-kind income such as food stamps, energy 51.23 assistance, medical assistance, and housing subsidies;income51.24from summer or part-time employment of 16-, 17-, and 18-year-old51.25full-time secondary school studentsearned income of full- or 51.26 part-time secondary school students up to the age of 19 years 51.27 including summer employment; grant awards under the family 51.28 subsidy program;andnonrecurring lump sum income only to the 51.29 extent that it is earmarked and used for the purpose for which 51.30 it is paid; income that is specifically excluded in section 51.31 256J.21, subdivision 2; and any income assigned to the public 51.32 authority according to section 256.74 or 256.741, if enacted. 51.33 Sec. 13. Minnesota Statutes 1996, section 119B.01, is 51.34 amended by adding a subdivision to read: 51.35 Subd. 12a. [MFIP-S.] "MFIP-S" means the Minnesota family 51.36 investment program-statewide, the state's TANF program under 52.1 Public Law Number 104-193, Title I, and shall be used as a 52.2 synonym for AFDC for purposes of child care assistance program 52.3 eligibility under this chapter. 52.4 Sec. 14. Minnesota Statutes 1996, section 119B.01, 52.5 subdivision 16, is amended to read: 52.6 Subd. 16. [TRANSITION YEAR FAMILIES.] "Transition year 52.7 families" means families wholosehave received AFDC for at 52.8 least three of the last six months before losing eligibility for 52.9 AFDC due to increased hours of employment, increased income from 52.10 employment or child or spousal support, or the loss of income 52.11 disregards due to time limitations, as provided under Public Law52.12Number 100-485. 52.13 Sec. 15. Minnesota Statutes 1996, section 119B.01, 52.14 subdivision 17, is amended to read: 52.15 Subd. 17. [CHILD CARE FUND.] "Child care fund" means a 52.16 program under this chapter providing: 52.17 (1) financial assistance for child care to parents engaged 52.18 in employment or education and training leading to employment; 52.19 and 52.20 (2) grants to develop, expand, and improve the access and 52.21 availability of child care services statewide. 52.22 Sec. 16. Minnesota Statutes 1996, section 119B.02, is 52.23 amended to read: 52.24 119B.02 [DUTIES OF COMMISSIONER.] 52.25 The commissioner shall develop standards for county and 52.26 human services boards to provide child care services to enable 52.27 eligible families to participate in employment, training, or 52.28 education programs. Within the limits of available 52.29 appropriations, the commissioner shall distribute money to 52.30 counties to reduce the costs of child care for eligible 52.31 families. The commissioner shall adopt rules to govern the 52.32 program in accordance with this section. The rules must 52.33 establish a sliding schedule of fees for parents receiving child 52.34 care services. The rules shall provide that funds received as a 52.35 lump sum payment of child support arrearages shall not be 52.36 counted as income to a family in the month received but shall be 53.1 prorated over the 12 months following receipt and added to the 53.2 family income during those months. In the rules adopted under 53.3 this section, county and human services boards shall be 53.4 authorized to establish policies for payment of child care 53.5 spaces for absent children, when the payment is required by the 53.6 child's regular provider. The rules shall not set a maximum 53.7 number of days for which absence payments can be made, but 53.8 instead shall direct the county agency to set limits and pay for 53.9 absences according to the prevailing market practice in the 53.10 county. County policies for payment of absences shall be 53.11 subject to the approval of the commissioner. The commissioner 53.12 shall maximize the use of federal money in section 256.736 and 53.13 other programs that provide federal or state reimbursement for 53.14 child care services forrecipients of aid tolow-income families 53.15with dependent childrenwho are in education, training, job 53.16 search, or other activities allowed under those programs. Money 53.17 appropriated under this section must be coordinated with the 53.18 programs that provide federal reimbursement for child care 53.19 services to accomplish this purpose. Federal reimbursement 53.20 obtained must be allocated to the county that spent money for 53.21 child care that is federally reimbursable under programs that 53.22 provide federal reimbursement for child care services. The 53.23 counties shall use the federal money to expand child care 53.24 services. The commissioner may adopt rules under chapter 14 to 53.25 implement and coordinate federal program requirements. 53.26 Sec. 17. Minnesota Statutes 1996, section 119B.03, 53.27 subdivision 3, is amended to read: 53.28 Subd. 3. [ELIGIBLE RECIPIENTS.] Families that meet the 53.29 eligibility requirements under sections 119B.09, except AFDC 53.30 recipients, MFIP recipients, and transition year families, and 53.31 119B.10 are eligible for child care assistance under the basic 53.32 sliding fee program. Families enrolled in the basic sliding fee 53.33 programas of July 1, 1990,shall be continued until they are no 53.34 longer eligible.Counties shall make vendor payments to the53.35child care provider or pay the parent directly for eligible53.36child care expenses on a reimbursement basis.Child care 54.1 assistance provided through the child care fund is considered 54.2 assistance to the parent. 54.3 Sec. 18. Minnesota Statutes 1996, section 119B.03, 54.4 subdivision 4, is amended to read: 54.5 Subd. 4. [FUNDING PRIORITY.] (a) First priority for child 54.6 care assistance under the basic sliding fee program must be 54.7 given to eligible non-AFDC families who do not have a high 54.8 school or general equivalency diploma or who need remedial and 54.9 basic skill courses in order to pursue employment or to pursue 54.10 education leading to employment. Within this priority, the 54.11 following subpriorities must be used: 54.12 (1) child care needs of minor parents; 54.13 (2) child care needs of parents under 21 years of age; and 54.14 (3) child care needs of other parents within the priority 54.15 group described in this paragraph. 54.16 (b) Second priority must be given to parents who have 54.17 completed their AFDC transition year. 54.18 (c) Third priority must be given to families who are 54.19 eligible for portable basic sliding fee assistance through the 54.20 portability pool under section 119B.03, subdivision 9. 54.21 Sec. 19. Minnesota Statutes 1996, section 119B.03, 54.22 subdivision 5, is amended to read: 54.23 Subd. 5. [REVIEW OF USE OF FUNDS; REALLOCATION.] (a) After 54.24 each quarter, the commissioner shall review the use of basic 54.25 sliding fee program allocations by county. The commissioner may 54.26 reallocate unexpended or unencumbered money among those counties 54.27 who have expended their full allocation or may allow a county to 54.28 expend up to ten percent of its allocation in the subsequent 54.29 allocation period. 54.30 (b) Any unexpendedmoneystate and federal appropriations 54.31 from the first year of the biennium may be carried forward to 54.32 the second year of the biennium. 54.33 Sec. 20. Minnesota Statutes 1996, section 119B.03, 54.34 subdivision 6, is amended to read: 54.35 Subd. 6. [ALLOCATION FORMULA.] Beginning January 1, 54.36 1996, except as provided in subdivision 7, the basic sliding fee 55.1 state and federal funds shall be allocated on a calendar year 55.2 basis. Funds shall be allocated first in amounts equal to each 55.3 county's guaranteed floor according to subdivision 8, with any 55.4 remaining available funds allocated according to the following 55.5 formula: 55.6 (a) One-third of the funds shall be allocated in proportion 55.7 to each county's total expenditures for the basic sliding fee 55.8 child care program reported during the most recent calendar year 55.9 completed at the time of the notice of allocation. 55.10 (b) One-third of the funds shall be allocated based on the 55.11 number of children under age 13 in each county who are enrolled 55.12 in general assistance medical care, medical assistance, and 55.13 MinnesotaCare on December 31 of the most recent calendar year 55.14 completed at the time of the notice of allocation. 55.15 (c) One-third of the funds shall be allocated based on the 55.16 number of children under age 13 who reside in each county, from 55.17 the most recent estimates of the state demographer. 55.18 Sec. 21. Minnesota Statutes 1996, section 119B.03, 55.19 subdivision 7, is amended to read: 55.20 Subd. 7. [SIX-MONTHALLOCATION EXCEPTION.] For the period 55.21 from July 1,1995, to December 31, 1995, every county shall55.22receive an allocation at least equal and proportionate to55.23one-half of its original allocation in state fiscal year 1995.55.24This six-month allocation shall be combined with the calendar55.25year 1996 allocation and be administered as one 18-month55.26allocation.1997, to December 31, 1998, each county must receive 55.27 an amount equal to its original calendar year 1997 allocation. 55.28 The remaining funds must be allocated according to the following 55.29 formula: 55.30 (a) Two-thirds of the funds must be allocated in proportion 55.31 to each county's original calendar year 1997 allocation for the 55.32 basic sliding fee program. 55.33 (b) One-third of the funds must be allocated in proportion 55.34 to each county's most recently reported waiting list as defined 55.35 in section 119B.03, subdivision 2. 55.36 When funding increases are implemented within a calendar 56.1 year, every county must receive an allocation at least equal and 56.2 proportionate to its original allocation for the same time 56.3 period. The remainder of the allocation must be recalculated to 56.4 reflect the funding increase and according to the formulas 56.5 identified in subdivision 6 and this subdivision. 56.6 Sec. 22. Minnesota Statutes 1996, section 119B.03, 56.7 subdivision 8, is amended to read: 56.8 Subd. 8. [GUARANTEED FLOOR.] (a) Beginning January 1, 56.9 1996, each county's guaranteed floor shall equal 90 percent of 56.10 the allocation received in the preceding calendar year.For the56.11calendar year 1996 allocation, the preceding calendar year shall56.12be considered to be double the six-month allocation as provided56.13for in subdivision 7.For the period January 1, 1999, to 56.14 December 31, 1999, each county's guaranteed floor must be equal 56.15 to its original calendar year 1998 allocation or its actual 56.16 earnings for calendar year 1998, whichever is less. 56.17 (b) When the amount of funds available for allocation is 56.18 less than the amount available in the previous year, each 56.19 county's previous year allocation shall be reduced in proportion 56.20 to the reduction in the statewide funding, for the purpose of 56.21 establishing the guaranteed floor. 56.22 Sec. 23. Minnesota Statutes 1996, section 119B.03, is 56.23 amended by adding a subdivision to read: 56.24 Subd. 9. [PORTABILITY POOL.] (a) The commissioner shall 56.25 establish a pool of up to five percent of the annual 56.26 appropriation for the basic sliding fee program to provide 56.27 continuous child care assistance for eligible families who move 56.28 between Minnesota counties. At the end of each allocation 56.29 period, any unspent funds in the portability pool must be added 56.30 to the funds available for reallocation. If expenditures from 56.31 the portability pool exceed the amount of money available, the 56.32 reallocation pool must be reduced to cover these shortages. 56.33 (b) To be eligible for portable basic sliding fee 56.34 assistance, a family that has moved from a county in which it 56.35 was receiving basic sliding fee assistance to a county with a 56.36 waiting list for the basic sliding fee program must: 57.1 (1) meet the income and eligibility guidelines for the 57.2 basic sliding fee program; and 57.3 (2) notify the new county of residence within 30 days of 57.4 moving and apply for basic sliding fee assistance in the new 57.5 county of residence. 57.6 (c) The receiving county must: 57.7 (1) accept administrative responsibility for applicants for 57.8 portable basic sliding fee assistance at the end of the two 57.9 months of assistance under the unitary residency act; 57.10 (2) continue basic sliding fee assistance for the lesser of 57.11 six months or until the family is able to receive assistance 57.12 under the county's regular basic sliding program; and 57.13 (3) notify the commissioner through the quarterly reporting 57.14 process of any family that meets the criteria of the portable 57.15 basic sliding fee assistance pool. 57.16 Sec. 24. Minnesota Statutes 1996, section 119B.03, is 57.17 amended by adding a subdivision to read: 57.18 Subd. 10. [APPLICATION; ENTRY POINTS.] Two or more methods 57.19 of applying for the basic sliding fee program must be available 57.20 to applicants in each county. To meet the requirements of this 57.21 subdivision, a county may provide alternative methods of 57.22 applying for assistance, including, but not limited to, a mail 57.23 application, or application sites that are located outside of 57.24 government offices. 57.25 Sec. 25. Minnesota Statutes 1996, section 119B.04, is 57.26 amended to read: 57.27 119B.04 [FEDERALAT-RISKCHILD CAREPROGRAMAND DEVELOPMENT 57.28 FUND.] 57.29 Subdivision 1. [COMMISSIONER TO ADMINISTER PROGRAM.] The 57.30 commissioner of children, families, and learning is authorized 57.31 and directed to receive, administer, and expend funds available 57.32 under theat-riskchild careprogramand development fund under 57.33 Public Law Number101-508 (1)104-193, Title I. 57.34 Subd. 2. [RULEMAKING AUTHORITY.] The commissioner may 57.35 adopt rules under chapter 14 to administer theat-riskchild 57.36 careprogramand development fund. 58.1 Sec. 26. Minnesota Statutes 1996, section 119B.05, 58.2 subdivision 1, is amended to read: 58.3 Subdivision 1. [ELIGIBLE RECIPIENTS.] Families eligible 58.4 forguaranteedchild care assistance under the AFDC child care 58.5 program are: 58.6 (1) persons receiving services undersection 256.73658.7 sections 256.031 to 256.04; 58.8 (2) AFDC recipients who are employed or in job search and 58.9 meet the requirements of section 119B.10; 58.10 (3) persons who are members of transition year families 58.11 under section 119B.01, subdivision 16; 58.12 (4) members of the control group for the STRIDE evaluation 58.13 conducted by the Manpower Demonstration Research Corporation; 58.14and58.15 (5) AFDC caretakers who are participating in the STRIDE and 58.16 non-STRIDE AFDC child care program; 58.17 (6) families who are participating in employment 58.18 orientation or job search, or other employment or training 58.19 activities that are included in an approved employability 58.20 development plan under chapter 256K, if enacted; and 58.21 (7) MFIP-S families who are participating in work 58.22 activities as required in their job search support or employment 58.23 plan, or in appeals, hearings, assessments, or orientations 58.24 according to chapter 256J, if enacted. Child care assistance to 58.25 support work activities as described in section 256J.49 must be 58.26 available according to sections 119B.01, subdivision 8, 121.882, 58.27 256E.08, 268.916, 611A.32, and titles IVA, IVB, IVE, and XX of 58.28 the Social Security Act. 58.29 Sec. 27. Minnesota Statutes 1996, section 119B.05, 58.30 subdivision 5, is amended to read: 58.31 Subd. 5. [FEDERAL REIMBURSEMENT.] Counties shall maximize 58.32 their federal reimbursement underPublic Law Number 100-485 or58.33otherfederal reimbursement programs for money spent for persons 58.34 eligible under this chapter. The commissioner shall allocate 58.35 any federal earnings to the county to be used to expand child 58.36 care services under this chapter. 59.1 Sec. 28. Minnesota Statutes 1996, section 119B.05, 59.2 subdivision 6, is amended to read: 59.3 Subd. 6. [ACCESS CHILD CARE PROGRAM.] (a) Starting one 59.4 month after April 30, 1992, the commissioner shall reimburse 59.5 eligible expenditures for 2,000 family slots for AFDC caretakers 59.6 not eligible for services under section 256.736, who are engaged 59.7 in an authorized educational or job search program. Each county 59.8 will receive a number of family slots based on the county's 59.9 proportion of the AFDC caseload. A county must receive at least 59.10 two family slots. Eligibility and reimbursement are limited to 59.11 the number of family slots allocated to each county. County 59.12 agencies shall authorize an educational plan for each student 59.13 and may prioritize families eligible for this program in their 59.14 child care fund plan upon approval of the commissioner. 59.15 (b)Persons eligible for but unable to participate in the59.16JOBS (STRIDE) program because of a waiting list may be accepted59.17as a new participant, or continue to participate in the ACCESS59.18child care program if a slot is available as long as all other59.19eligibility factors are met. Child care assistance must59.20continue under the ACCESS child care program until the59.21participant loses eligibility or is enrolled in project STRIDE.59.22(c)(1) Effective July 1, 1995, the commissioner shall59.23reclaim 90 percent of the vacant slots in each county and59.24distribute those slots to counties with waiting lists of persons59.25eligible for the ACCESS child care program. The slots must be59.26distributed to eligible families based on the July 1, 1995,59.27waiting list placement date, first come, first served basis.59.28(2) ACCESS child care slots remaining after the waiting59.29list under clause (1) has been eliminated must be distributed to59.30eligible families on a first come, first served basis, based on59.31the client's date of request.59.32(3) The county must notify the commissioner when an ACCESS59.33slot in the county becomes available. Notification by the59.34county must be within five calendar days of the effective date59.35of the termination of the ACCESS child care services. The59.36resulting vacant slot must be returned to the department of60.1children, families, and learning. The slot must then be60.2redistributed under clause (2).60.3(4) The commissioner shall consult with the task force on60.4child care and make recommendations to the 1996 legislature for60.5future distribution of the ACCESS slots under this60.6paragraph.Effective July 1, 1997, no new applicants may be 60.7 accepted in the ACCESS program. Current ACCESS participants 60.8 shall continue to receive assistance until July 1, 1998, if all 60.9 other conditions of eligibility are met. 60.10 Sec. 29. Minnesota Statutes 1996, section 119B.05, is 60.11 amended by adding a subdivision to read: 60.12 Subd. 7. [APPROPRIATION CARRYFORWARD.] Any unexpended 60.13 state and federal appropriations from the first year of the 60.14 biennium may be carried forward to the second year of the 60.15 biennium. 60.16 Sec. 30. [119B.061] [AT-HOME INFANT CHILD CARE PROGRAM.] 60.17 (a) A family under this provision is eligible for 60.18 assistance for a maximum of 12 months. 60.19 (b) A parent of a child under the age of one year who 60.20 personally provides full-time care for the child is eligible for 60.21 assistance if: 60.22 (1) the parent meets the income criteria and has received 60.23 assistance within the last 30 days under section 119B.03; and 60.24 (2) is the full-time caregiver for the child in the child's 60.25 home. 60.26 In two-parent households, only one parent may qualify for 60.27 this assistance. 60.28 (c) The level of assistance is 75 percent of the average 60.29 cost of licensed family day care for an infant in the child's 60.30 county of residence and is based on the size and income of the 60.31 child's family. 60.32 (d) A participant in the at-home infant child care program 60.33 has continuing eligibility under Minnesota Rules, part 60.34 3400.0070, for the basic sliding fee program. 60.35 (e) By March 1, 1998, the commissioner shall develop and 60.36 implement the at-home infant child care program described under 61.1 this section. 61.2 Sec. 31. Minnesota Statutes 1996, section 119B.07, is 61.3 amended to read: 61.4 119B.07 [USE OF MONEY.] 61.5 Money for persons listed in sections 119B.03, subdivision 61.6 3, and 119B.05, subdivision 1, shall be used to reduce the costs 61.7 of child care for students, including the costs of child care 61.8 for students while employed if enrolled in an eligible education 61.9 program at the same time and making satisfactory progress 61.10 towards completion of the program. Counties may not limit the 61.11 duration of child care subsidies for a person in an employment 61.12 or educational program, except when the person is found to be 61.13 ineligible under the child care fund eligibility standards. Any 61.14 limitation must be based on a person's employability plan in the 61.15 case of an AFDC recipient, and county policies included in the 61.16 child care allocation plan. The maximum length of time a 61.17 student is eligible for child care assistance under the child 61.18 care fund for education and training shall be the equivalent of 61.19 the minimum time necessary to complete the credit requirements 61.20 as a full-time student for a baccalaureate degree as determined 61.21 by the educational institution, excluding basic or remedial 61.22 education programs needed to prepare for post-secondary 61.23 education or employment. Time limitations for child care 61.24 assistance, as specified in Minnesota Rules, parts 9565.5000 to61.259565.5200,do not apply to basic or remedial educational 61.26 programs needed to prepare for post-secondary education or 61.27 employment. These programs include: high school, general 61.28 equivalency diploma, and English as a second language. Programs 61.29 exempt from this time limit must not run concurrently with a 61.30 post-secondary program. High school students who are 61.31 participating in a post-secondary options program and who 61.32 receive a high school diploma issued by the school district are 61.33 exempt from the time limitations while pursuing a high school 61.34 diploma. Financially eligible students who have received child 61.35 care assistance for one academic year shall be provided child 61.36 care assistance in the following academic year if funds 62.1 allocated under sections 119B.03 and 119B.05 are available. If 62.2 an AFDC recipient who is receiving AFDC child care assistance 62.3 under this chapter moves to another county, continues to 62.4 participate in educational or training programs authorized in 62.5 their employability development plans, and continues to be 62.6 eligible for AFDC child care assistance under this chapter, the 62.7 AFDC caretaker must receive continued child care assistance from 62.8 the county responsible for their current employability 62.9 development plan, without interruption. 62.10 Sec. 32. Minnesota Statutes 1996, section 119B.08, 62.11 subdivision 1, is amended to read: 62.12 Subdivision 1. [QUARTERLYREPORTS.] The commissioner shall 62.13 specify requirements for reports, including quarterly fiscal62.14reports, according tounder the same authority as provided to 62.15 the commissioner of human services in section 256.01, 62.16 subdivision 2, paragraph (17).Counties shall submit on forms62.17prescribed by the commissioner a quarterly financial and program62.18activity report. The failure to submit a complete report by the62.19end of the quarter in which the report is due may result in a62.20reduction of child care fund allocations equal to the next62.21quarter's allocation. The financial and program activity report62.22must include:62.23(1) a detailed accounting of the expenditures and revenues62.24for the program during the preceding quarter by funding source62.25and by eligibility group;62.26(2) a description of activities and concomitant62.27expenditures that are federally reimbursable under federal62.28reimbursement programs;62.29(3) a description of activities and concomitant62.30expenditures of child care money;62.31(4) information on money encumbered at the quarter's end62.32but not yet reimbursable, for use in adjusting allocations as62.33provided in section 119B.03, subdivision 5; and62.34(5) other data the commissioner considers necessary to62.35account for the program or to evaluate its effectiveness in62.36preventing and reducing participants' dependence on public63.1assistance and in providing other benefits, including63.2improvement in the care provided to children.63.3 Sec. 33. Minnesota Statutes 1996, section 119B.08, 63.4 subdivision 3, is amended to read: 63.5 Subd. 3. [CHILD CARE FUND PLAN.] Effective January 1, 63.6 1992, the county will include the plan required under this 63.7 subdivision in its biennial community social services plan 63.8 required in this section, for the group described in section 63.9 256E.03, subdivision 2, paragraph (h).For the period July 1,63.101989, to December 31, 1991, the county shall submit separate63.11child care fund plans required under this subdivision for the63.12periods July 1, 1989, to June 30, 1990; and July 1, 1990, to63.13December 31, 1991.The commissioner shall establish the dates 63.14 by which the county must submit these plans. The county and 63.15 designated administering agency shall submit to the commissioner 63.16 an annual child care fund allocation plan. The plan shall 63.17 include: 63.18 (1) a narrative of the total program for child care 63.19 services, including all policies and procedures that affect 63.20 eligible families and are used to administer the child care 63.21 funds; 63.22 (2)the number of families that requested a child care63.23subsidy in the previous year, the number of families receiving63.24child care assistance, the number of families on a waiting list,63.25and the number of families projected to be served during the63.26fiscal year;63.27(3)the methods used by the county to inform eligible 63.28 groups of the availability of child care assistance and related 63.29 services; 63.30(4)(3) the provider rates paid for all children by 63.31 provider type; 63.32(5)(4) the county prioritization policy for all eligible 63.33 groups under the basic sliding fee program and AFDC child care 63.34 program; and 63.35(6) a report of all funds available to be used for child63.36care assistance, including demonstration of compliance with the64.1maintenance of funding effort required under section 119B.11;64.2and64.3(7)(5) other information as requested by the department to 64.4 ensure compliance with the child care fund statutes and rules 64.5 promulgated by the commissioner. 64.6 The commissioner shall notify counties within 60 days of 64.7 the date the plan is submitted whether the plan is approved or 64.8 the corrections or information needed to approve the plan. The 64.9 commissioner shall withhold a county's allocation until it has 64.10 an approved plan. Plans not approved by the end of the second 64.11 quarter after the plan is due may result in a 25 percent 64.12 reduction in allocation. Plans not approved by the end of the 64.13 third quarter after the plan is due may result in a 100 percent 64.14 reduction in the allocation to the county. Counties are to 64.15 maintain services despite any reduction in their allocation due 64.16 to plans not being approved. 64.17 Sec. 34. Minnesota Statutes 1996, section 119B.09, 64.18 subdivision 1, is amended to read: 64.19 Subdivision 1. [GENERAL ELIGIBILITYFACTORSREQUIREMENTS 64.20 FOR ALL APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care 64.21 services must be available to families who need child care to 64.22 find or keep employment or to obtain the training or education 64.23 necessary to find employment and who: 64.24(a)(1) meet the requirements of section 119B.05, receive 64.25 aid to families with dependent children, and are receiving 64.26 employment and training services under section 256.736, chapter 64.27 256J or 256K, if enacted; 64.28(b)(2) have household income below the eligibility levels 64.29 for aid to families with dependent children; or 64.30(c)(3) have household income within a range established by 64.31 the commissioner. 64.32(d)(b) Child care services for the families receiving aid 64.33 to families with dependent children must be made available as 64.34 in-kind services, to cover any difference between the actual 64.35 cost and the amount disregarded under the aid to families with 64.36 dependent children program. Child care services to families 65.1 whose incomes are below the threshold of eligibility for aid to 65.2 families with dependent children, but are not AFDC caretakers, 65.3 must be made available with theminimumsame copayment required 65.4by federal lawof AFDC caretakers or MFIP-S caregivers. 65.5 (c) All applicants for child care assistance and families 65.6 currently receiving child care assistance shall be assisted and 65.7 required to cooperate in establishment of paternity and 65.8 enforcement of child support obligations as a condition of 65.9 program eligibility. For purposes of this section, a family is 65.10 considered to meet the requirement for cooperation when the 65.11 family complies with the requirements of section 256.741, if 65.12 enacted. 65.13 Sec. 35. Minnesota Statutes 1996, section 119B.09, 65.14 subdivision 2, is amended to read: 65.15 Subd. 2. [SLIDING FEE.] Child care services to families 65.16 with incomes in the commissioner's established range must be 65.17 made available on a sliding fee basis.The lower limit of the65.18sliding fee range must be the eligibility limit for aid to65.19families with dependent children.The upper limit of the range 65.20 must be neither less than 70 percent nor more than 90 percent of 65.21 the state median income for a family of four, adjusted for 65.22 family size. 65.23 Sec. 36. Minnesota Statutes 1996, section 119B.09, is 65.24 amended by adding a subdivision to read: 65.25 Subd. 6. [MAXIMUM CHILD CARE ASSISTANCE.] The maximum 65.26 amount of child care assistance a local agency may authorize in 65.27 a two-week period is 120 hours per child. 65.28 Sec. 37. Minnesota Statutes 1996, section 119B.09, is 65.29 amended by adding a subdivision to read: 65.30 Subd. 7. [ELIGIBILITY FOR ASSISTANCE.] The date of 65.31 eligibility for child care assistance under chapter 119B is the 65.32 later of the date the application was signed; the beginning date 65.33 of employment, education, or training; the date a determination 65.34 has been made that the applicant is a participant in employment 65.35 and training programs under Minnesota Rules, part 3400.0080, 65.36 subpart 2a, section 256.736, or chapter 256J or 256K, if enacted. 66.1 Payment of child care assistance for employed persons on AFDC is 66.2 effective the date of employment or the date of AFDC 66.3 eligibility, whichever is later. Payment of child care 66.4 assistance for MFIP-S or Work First participants in employment 66.5 and training services is effective the date of commencement of 66.6 the services or the date of MFIP-S or Work First eligibility, 66.7 whichever is later. Payment of child care assistance for 66.8 transition year child care must be made retroactive to the date 66.9 of eligibility for transition year child care. 66.10 Sec. 38. Minnesota Statutes 1996, section 119B.09, is 66.11 amended by adding a subdivision to read: 66.12 Subd. 8. [NO EMPLOYEE-EMPLOYER RELATIONSHIPS.] Receipt of 66.13 federal, state, or local funds by a child care provider either 66.14 directly or through a parent who is a child care assistance 66.15 recipient does not establish an employee-employer relationship 66.16 between the child care provider and the county or state. 66.17 Sec. 39. Minnesota Statutes 1996, section 119B.10, 66.18 subdivision 1, is amended to read: 66.19 Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND 66.20 RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 66.21 and who are eligible for assistance under this section are 66.22 eligible to receive up to 240 hours of child care assistance per 66.23 calendar year. 66.24 (b) Employed persons who work at least an average often20 66.25 hours a week and receive at least a minimum wage for all hours 66.26 worked are eligible for continued child care assistance. Child 66.27 care assistance during employment must be authorized as provided 66.28 in paragraphs (c) and (d). 66.29 (c) When the caregiver works for an hourly wage and the 66.30 hourly wage is equal to or greater than the applicable minimum 66.31 wage, child care assistance shall be provided for the actual 66.32 hours of employment, break, and meal time during the employment 66.33 and travel time up to two hours per day. 66.34 (d) When the caregiver does not work for an hourly wage, 66.35 child care assistance must be provided for the lesser of: 66.36 (1) the amount of child care determined by dividing gross 67.1 earned income by the applicable minimum wage, up to one hour 67.2 every eight hours for meals and break time, plus up to two hours 67.3 per day for travel time; or 67.4 (2) the amount of child care equal to the actual amount of 67.5 child care used during employment, including break and meal time 67.6 during employment, and travel time up to two hours per day. 67.7 Sec. 40. Minnesota Statutes 1996, section 119B.11, 67.8 subdivision 1, is amended to read: 67.9 Subdivision 1. [COUNTY CONTRIBUTIONS REQUIRED.] Beginning 67.10 July 1,19951997, in addition to payments from basic sliding 67.11 fee child care program participants,countieseach county shall 67.12 contribute from county tax or other sourcesat thea fixed local 67.13 matchpercentage calculated according to subdivision 2equal to 67.14 its calendar year 1996 required county contribution reduced by 67.15 the administrative funding loss that would have occurred in 67.16 state fiscal year 1996 under section 119B.15. The commissioner 67.17 shall recover funds from the county as necessary to bring county 67.18 expenditures into compliance with this subdivision. 67.19 Sec. 41. Minnesota Statutes 1996, section 119B.11, is 67.20 amended by adding a subdivision to read: 67.21 Subd. 2a. [RECOVERY OF OVERPAYMENTS.] If an amount of 67.22 child care assistance is paid to a recipient in excess of the 67.23 payment due, it shall be recoverable by the county agency. The 67.24 overpayment shall be recovered through recoupment as identified 67.25 in Minnesota Rules, part 9565.5110, subpart 11, items A and B, 67.26 if the family remains eligible for assistance. If the family no 67.27 longer remains eligible for child care assistance, the county 67.28 may choose to initiate efforts to recover overpayments from the 67.29 family for overpayment less than $50. When the amount of the 67.30 overpayment is greater than or equal to $50, the county shall 67.31 seek voluntary repayment of the overpayment from the family. If 67.32 the county is unable to recoup the overpayment through voluntary 67.33 repayment, the county shall initiate civil court proceedings to 67.34 recover the overpayment unless the county's costs to recover the 67.35 overpayment will exceed the amount of the overpayment. A family 67.36 with an outstanding debt under this subdivision is not eligible 68.1 for child care assistance until the debt is paid in full or 68.2 satisfactory arrangements are made with the county to retire the 68.3 debt. 68.4 Sec. 42. Minnesota Statutes 1996, section 119B.11, 68.5 subdivision 3, is amended to read: 68.6 Subd. 3. [FEDERAL MONEY; STATE RECOVERY.] The commissioner 68.7 shall recover from counties any state or federal money that was 68.8 spent for persons found to be ineligible, except if the recovery 68.9 is made by a county agency using any method other than 68.10 recoupment, the county may keep 25 percent of the recovery. If 68.11 a federal audit exception is taken based on a percentage of 68.12 federal earnings, all counties shall pay a share proportional to 68.13 their respective federal earnings during the period in question. 68.14 Sec. 43. Minnesota Statutes 1996, section 119B.12, is 68.15 amended to read: 68.16 119B.12 [SLIDING FEE SCALE.] 68.17 Subdivision 1. [FEE SCHEDULE.] In setting the sliding fee 68.18 schedule, the commissioner shall exclude from the amount of 68.19 income used to determine eligibility an amount for federal and 68.20 state income and social security taxes attributable to that 68.21 income level according to federal and state standardized tax 68.22 tables. The commissioner shall base the parent fee on the 68.23 ability of the family to pay for child care. The fee schedule 68.24 must be designed to use any available tax credits. 68.25 Subd. 2. [PARENT FEE.] A family's monthly parent fee must 68.26 be a fixed percentage of its annual gross income. Parent fees 68.27 must apply to families eligible for child care assistance under 68.28 sections 119B.03 and 119B.05. Income must be as defined in 68.29 section 119B.01, subdivision 12. The fixed percent is based on 68.30 the relationship of the family's annual gross income to 100 68.31 percent of state median income. Beginning January 1, 1998, 68.32 parent fees must begin at 50 percent of the poverty level. The 68.33 minimum parent fees for families between 50 percent and 100 68.34 percent of poverty level must be $5 per month. Parent fees for 68.35 families with incomes at or above the poverty level must not 68.36 decrease due to the addition of family members after the 69.1 family's initial eligibility determination. Parent fees must be 69.2 established in rule and must provide for graduated movement to 69.3 full payment. 69.4 Sec. 44. Minnesota Statutes 1996, section 119B.13, 69.5 subdivision 1, is amended to read: 69.6 Subdivision 1. [SUBSIDY RESTRICTIONS.] Effective July 1, 69.7 1991, the maximum rate paid for child care assistance under the 69.8 child care fund is the maximum rate eligible for federal 69.9 reimbursement. The rate may not exceed the 75th percentile rate 69.10 for like-care arrangements in the county as surveyed by the 69.11 commissioner. A rate which includes a provider bonus paid under 69.12 subdivision 2 or a special needs rate paid under subdivision 3 69.13 may be in excess of the maximum rate allowed under this 69.14 subdivision. The department of children, families, and learning 69.15 shall monitor the effect of this paragraph on provider rates. 69.16 The county shall pay the provider's full charges for every child 69.17 in care up to the maximum established. The commissioner shall 69.18 determine the maximum rate for each type of care, including 69.19 special needs and handicapped care. Not less than once every 69.20 two years, the county shall evaluate rates for payment of absent 69.21 spaces and shall establish policies for payment of absent days 69.22 that reflect current market practice. 69.23 When the provider charge is greater than the maximum 69.24 provider rate allowed, the parent is responsible for payment of 69.25 the difference in the rates in addition to any family copayment 69.26 fee. 69.27 Sec. 45. Minnesota Statutes 1996, section 119B.13, is 69.28 amended by adding a subdivision to read: 69.29 Subd. 8. [PROVIDER NOTICE.] The county shall inform both 69.30 the family receiving assistance under chapter 119B and the child 69.31 care provider of the payment amount and how and when payment 69.32 will be received. When the county sends a family a notice that 69.33 child care assistance will be terminated, the county shall 69.34 inform the provider that unless the family requests to continue 69.35 to receive assistance pending an appeal, child care payments 69.36 will no longer be made. The notice to the vendor must not 70.1 contain any private data on the family or information on why 70.2 payment will no longer be made. 70.3 Sec. 46. Minnesota Statutes 1996, section 119B.13, is 70.4 amended by adding a subdivision to read: 70.5 Subd. 9. [PROVIDER PAYMENTS.] Counties shall make vendor 70.6 payments to the child care provider or pay the parent directly 70.7 for eligible child care expenses. When payments for child care 70.8 assistance are made to providers, the provider shall bill the 70.9 county for services provided within ten days of the end of the 70.10 month of service. When bills are submitted in accordance with 70.11 the provisions of subdivision 6, a county shall issue payment to 70.12 the provider of child care under the child care fund within 30 70.13 days of receiving an invoice from the provider. Counties may 70.14 establish policies that make payments on a more frequent basis. 70.15 A county's payment policies must be included in the county's 70.16 child care plan under section 119B.08, subdivision 3. 70.17 Sec. 47. Minnesota Statutes 1996, section 119B.15, is 70.18 amended to read: 70.19 119B.15 [ADMINISTRATIVE EXPENSES.] 70.20 The commissioner shall use up toone-eleventh1/21 of the 70.21 state and federal funds available for the basic sliding fee 70.22 program and 1/21 of the state and federal funds available for 70.23 the AFDC child care program for payments to counties for 70.24 administrative expenses. 70.25 Sec. 48. Minnesota Statutes 1996, section 119B.16, 70.26 subdivision 1, is amended to read: 70.27 Subdivision 1. [FAIR HEARING ALLOWED.] An applicant or 70.28 recipient adversely affected by a county agency action may 70.29 request a fair hearing in accordance with section 256.045,70.30subdivision 3. 70.31 Sec. 49. Minnesota Statutes 1996, section 119B.18, is 70.32 amended by adding a subdivision to read: 70.33 Subd. 3. [CHILD DEVELOPMENT EDUCATION AND TRAINING LOANS.] 70.34 The commissioner shall establish a child development education 70.35 and training loan program to be administered by the regional 70.36 child care resource and referral programs. The purpose of the 71.1 program is to expand training and education opportunities for 71.2 child care workers, to promote stable staffing in child care 71.3 facilities, and to encourage continuity of care for children in 71.4 child care facilities. The program may make loans for (1) 71.5 credit-based courses in child development or child care 71.6 administration, or (2) course work to become a child development 71.7 associate or to receive accreditation by the national 71.8 association of family child care. 71.9 The commissioner shall establish application procedures, 71.10 eligibility criteria, terms, and other conditions necessary to 71.11 make education and training loans under this section. A single 71.12 applicant may not receive more than $1,500 per year under this 71.13 program. All or part of the loan may be forgiven if the 71.14 applicant continues to provide child care services for a period 71.15 of 12 months following the completion of all courses paid for by 71.16 the loan. 71.17 Sec. 50. Minnesota Statutes 1996, section 119B.20, 71.18 subdivision 7, is amended to read: 71.19 Subd. 7. [FACILITY IMPROVEMENT EXPENSES.] "Facility 71.20 improvement expenses" means funds for building improvements, 71.21 equipment, appropriate technology and software, toys, and 71.22 supplies needed to establish, expand, or improve a licensed 71.23 child care facility or a child care program under the 71.24 jurisdiction ofthe statea local school board of education. 71.25 Sec. 51. Minnesota Statutes 1996, section 119B.20, 71.26 subdivision 9, is amended to read: 71.27 Subd. 9. [MINI-GRANTSTECHNICAL ASSISTANCE 71.28 AWARDS.]"Mini-grants""Technical assistance awards" means child 71.29 care grants to family child care providers for facility 71.30 improvements that are up to $1,000.Mini-grantsAwards include, 71.31 but are not limited to, improvements to meet licensing 71.32 requirements, improvements to expand a child care facility or 71.33 program, appropriate technology and software, toys and 71.34 equipment, start-up costs, staff training, and development costs. 71.35 Sec. 52. Minnesota Statutes 1996, section 119B.20, 71.36 subdivision 10, is amended to read: 72.1 Subd. 10. [RESOURCE AND REFERRAL PROGRAM.] "Resource and 72.2 referral program" means a program that provides information to 72.3 parents, including referrals and coordination of community child 72.4 care resources for parents and public or private providers of 72.5 care. It also means the agency with the duties specified in 72.6 sections 119B.18 and 119B.19. Services may includeparent72.7education, technical assistance for providers, staff development72.8programs, and referrals to social servicesrecruitment of new 72.9 providers, parent education, training, technical assistance for 72.10 providers, and referrals to social services. 72.11 Sec. 53. Minnesota Statutes 1996, section 119B.21, 72.12 subdivision 1, is amended to read: 72.13 Subdivision 1. [GRANTS ESTABLISHED.] The commissioner 72.14 shall award grants to develop child care services, including 72.15 child care service development grants for start-up and facility 72.16 improvement expenses, interim financing,resource and referral72.17programs, andstaff training expenses, and grants for child care 72.18 resource and referral programs. Child careservicesservice 72.19 development grants may includemini-grantsfamily child care 72.20 technical assistance awards up to $1,000. The commissioner 72.21 shall develop a grant application form, inform county social 72.22 service agencies about the availability of child care services 72.23 grants, and set a date by which applications must be received by 72.24 the commissioner. 72.25The commissioner may renew grants to existing resource and72.26referral agencies that have met state standards and have been72.27designated as the child care resource and referral service for a72.28particular geographical area. The recipients of renewal grants72.29are exempt from the proposal review process.72.30 Sec. 54. Minnesota Statutes 1996, section 119B.21, 72.31 subdivision 2, is amended to read: 72.32 Subd. 2. [DISTRIBUTION OF FUNDS.] (a) The commissioner 72.33 shall allocate grant money appropriated for child care service 72.34 development among the development regions designated by the 72.35 governor under section 462.385,as followsconsidering the 72.36 following factors for each economic development region: 73.1(1) 50 percent of the child care service development grant73.2appropriation shall be allocated to the metropolitan economic73.3development region; and73.4(2) 50 percent of the child care service development grant73.5appropriation shall be allocated to economic development regions73.6other than the metropolitan economic development region.73.7(b) The following formulas shall be used to allocate grant73.8appropriations among the economic development regions:73.9(1) 50 percent of the funds shall be allocated in73.10proportion to the ratio of children under 12 years of age in73.11each economic development region to the total number of children73.12under 12 years of age in all economic development regions; and73.13(2) 50 percent of the funds shall be allocated in73.14proportion to the ratio of children under 12 years of age in73.15each economic development region to the number of licensed child73.16care spaces currently available in each economic development73.17region73.18 (1) the number of children under 13 years of age needing 73.19 child care in the service area; 73.20 (2) the geographic area served by the agency; 73.21 (3) the ratio of children under 13 years of age needing 73.22 child care to the number of licensed spaces in the service area; 73.23 (4) the number of licensed child care providers and 73.24 extended day school age child care programs in the service area; 73.25 and 73.26 (5) other related factors determined by the commissioner. 73.27(c)(b) Out of the amount allocated for each economic 73.28 development region, the commissioner shall award grants based on 73.29 the recommendation of thegrant reviewchild care regional 73.30 advisorytask forcecommittees. In addition, the commissioner 73.31 shall award no more than 75 percent of the money either to child 73.32 care facilities for the purpose of facility improvement or 73.33 interim financing or to child care workers for staff training 73.34 expenses. 73.35(d)(c) Any funds unobligated may be used by the 73.36 commissioner to award grants to proposals that received funding 74.1 recommendations by theadvisory task forceregional advisory 74.2 committees but were not awarded due to insufficient funds. 74.3(e)(d) The commissioner may allocate grants under this 74.4 section for a two-year period and may carry forward funds from 74.5 the first year as necessary. 74.6 Sec. 55. Minnesota Statutes 1996, section 119B.21, 74.7 subdivision 3, is amended to read: 74.8 Subd. 3. [CHILD CARE REGIONAL ADVISORY COMMITTEES.] Child 74.9 care regional advisory committees shall review and make 74.10 recommendations to the commissioner on applications for family 74.11 child care technical assistance awards and service development 74.12 grants under this section. The commissioner shall appoint the 74.13 child care regional advisory committees in each governor's 74.14 economic development region. People appointed under this 74.15 subdivision must represent the following constituent groups: 74.16 family child care providers, group center providers, parent 74.17 users, health services, social services, public schools, Head 74.18 Start, employers, and other citizens with demonstrated interest 74.19 in child care issues. Members of the advisory task force with a 74.20 direct financial interest in a pending grant proposal may not 74.21 provide a recommendation or participate in the ranking of that 74.22 grant proposal. Committee members may be reimbursed for their 74.23 actual travel, child care, and child care provider substitute 74.24 expenses for up to six committee meetings per year. The child 74.25 care regional advisory committees shall complete their reviews 74.26 and forward their recommendations to the commissioner by the 74.27 date specified by the commissioner. 74.28 Sec. 56. Minnesota Statutes 1996, section 119B.21, 74.29 subdivision 4, is amended to read: 74.30 Subd. 4. [DISTRIBUTION OF FUNDS FOR CHILD CARE RESOURCE 74.31 AND REFERRAL PROGRAMS.] (a) The commissioner shall allocate 74.32 funds appropriated for child care resource and referral services 74.33 considering the following factors for each economic development 74.34 region served by the child care resource and referral agency: 74.35 (1) the number of children under 13 years of age needing 74.36 child care in the service area; 75.1 (2) the geographic area served by the agency; 75.2 (3) the ratio of children under 13 years of age needing 75.3 care to the number of licensed spaces in the service area; 75.4 (4) the number of licensed child care providers and 75.5 extended day school age child care programs in the service area; 75.6 and 75.7 (5) other related factors determined by the commissioner. 75.8 (b) The commissioner may renew grants to existing resource 75.9 and referral agencies that have met state standards and have 75.10 been designated as the child care resource and referral service 75.11 for a particular geographical area. The recipients of renewal 75.12 grants are exempt from the proposal review process. 75.13 Sec. 57. Minnesota Statutes 1996, section 119B.21, 75.14 subdivision 5, is amended to read: 75.15 Subd. 5. [PURPOSES FOR WHICH A CHILD CARE SERVICES GRANT 75.16 MAY BE AWARDED.] The commissioner may award grants forany of75.17the following purposes: 75.18 (1) child care service development grants for the following 75.19 purposes: 75.20 (i) for creating new licensed day care facilities and 75.21 expanding existing facilities, including, but not limited to, 75.22 supplies, equipment, facility renovation, and remodeling; 75.23(2)(ii) for improving licensed day care facility programs, 75.24 including, but not limited to, staff specialists, staff 75.25 training, supplies, equipment, and facility renovation and 75.26 remodeling. In awarding grants for training, priority must be75.27given to child care workers caring for infants, toddlers, sick75.28children, children in low-income families, and children with75.29special needs; 75.30(3)(iii) for supportive child development services 75.31 including, but not limited to, in-service training, curriculum 75.32 development, consulting specialist, resource centers, and 75.33 program and resource materials; 75.34(4)(iv) for carrying out programs including, but not 75.35 limited to, staff, supplies, equipment, facility renovation, and 75.36 training; 76.1(5)(v) for interim financing;and76.2(6) for carrying out the resource and referral program76.3services identified in section 119B.19, subdivision 3(vi) 76.4 family child care technical assistance awards; and 76.5 (vii) for capacity building through the purchase of 76.6 appropriate technology and software, and staff training to 76.7 create, enhance, and maintain financial systems for facilities; 76.8 (2) child care resource and referral program services 76.9 identified in section 119B.19, subdivision 3; or 76.10 (3) targeted recruitment initiatives to expand and build 76.11 capacity of the child care system. 76.12 Sec. 58. Minnesota Statutes 1996, section 119B.21, 76.13 subdivision 6, is amended to read: 76.14 Subd. 6. [FUNDING PRIORITIES; FACILITY IMPROVEMENTAND, 76.15 INTERIM FINANCING, AND TRAINING GRANTS.] In evaluating 76.16 applications for funding and making recommendations to the 76.17 commissioner, thegrant review advisory task forcechild care 76.18 regional advisory committees shall rank and give priority to: 76.19 (1) new programs or projects, or the expansion or 76.20 improvement of existing programs or projects in areas where a 76.21 demonstrated need for child care facilities has been shown, with 76.22 special emphasis on programs or projects in areas where there is 76.23 a shortage of licensed child care; 76.24 (2) new programs and projects, or the expansions or 76.25 enrichment of existing programs or projects that serve sick 76.26 children, infants or toddlers, children with special needs,and76.27 children from low-income families, or parents needing child care 76.28 during nonstandard hours; 76.29 (3) unlicensed providers who wish to become licensed;and76.30 (4) improvement of existing programs; 76.31 (5) child care programs seeking accreditation and child 76.32 care providers seeking certification; and 76.33 (6) entities that will use grant money for scholarships for 76.34 child care workers attending educational or training programs 76.35 sponsored by the entity. 76.36 Sec. 59. Minnesota Statutes 1996, section 119B.21, 77.1 subdivision 8, is amended to read: 77.2 Subd. 8. [ELIGIBLE GRANT RECIPIENTS.] Eligible recipients 77.3 of child care grants are licensed providers of child care, or 77.4 those in the process of being licensed, resource and referral 77.5 programs, or corporations or public agencies, or any combination 77.6 thereof.With the exception of mini-grants, priority for child77.7care grants shall be given to grant applicants as follows:77.8(1) public and private nonprofit agencies;77.9(2) employer-based child care centers;77.10(3) for-profit child care centers; and77.11(4) family day care providers.77.12 Sec. 60. Minnesota Statutes 1996, section 119B.21, 77.13 subdivision 9, is amended to read: 77.14 Subd. 9. [GRANT MATCH REQUIREMENTS.] Child care grants for 77.15 facility improvements, interim financing, resource and referral, 77.16 and staff training and development require a 25 percent local 77.17 match by the grant applicant. A local match is not required for 77.18 aminigrantfamily child care technical assistance award. 77.19 Sec. 61. Minnesota Statutes 1996, section 119B.21, 77.20 subdivision 10, is amended to read: 77.21 Subd. 10. [CHILD CARE MINI-GRANTSFAMILY CHILD CARE 77.22 TECHNICAL ASSISTANCE AWARDS.]Mini-grantsTechnical assistance 77.23 awards for child care service development must be used by 77.24 the family child care provider grantee for facility 77.25 improvements, including, but not limited to, improvements to 77.26 meet licensing requirements, improvements to expand the 77.27 facility, toys and equipment, start-up costs, interim financing, 77.28 or staff training and development.Priority for child care77.29mini-grants shall be given to grant applicants as follows:77.30(1) family day care providers;77.31(2) public and private nonprofit agencies;77.32(3) employer-based child care centers; and77.33(4) for-profit child care centers.77.34 Sec. 62. Minnesota Statutes 1996, section 119B.21, 77.35 subdivision 11, is amended to read: 77.36 Subd. 11. [ADVISORY TASK FORCE.] The commissioner 78.1shallmay convene a statewide advisory task force which shall 78.2 advise the commissioner on grantsandor other child care issues. 78.3The statewide advisory task force shall review and make78.4recommendations to the commissioner on child care resource and78.5referral grants and on statewide service development and child78.6care training grants. Members of the advisory task force with a78.7direct financial interest in a resource and referral or a78.8statewide training proposal may not provide a recommendation or78.9participate in the ranking of that grant proposal.The 78.10 following constituent groups must be represented: family child 78.11 care providers, center providers, parent users, health services, 78.12 social services, Head Start, public schools, employers, and 78.13 other citizens with demonstrated interest in child care issues. 78.14 Each regional grant review committee formed under subdivision 3, 78.15 shall appoint a representative to the advisory task 78.16 force. Additional members may be appointed by the commissioner. 78.17 The commissioner may convene meetings of the task force as 78.18 needed. Terms of office and removal from office are governed by 78.19 the appointing body. The commissioner may compensate members 78.20 for their travel, child care, and child care provider substitute 78.21 expenses for meetings of the task force.The members of the78.22child care advisory task force shall also meet once with the78.23interagency advisory committee on child care under section78.24256H.25.78.25 Sec. 63. [119B.25] [CHILD CARE IMPROVEMENT GRANTS.] 78.26 Subdivision 1. [PURPOSE.] The purpose of this section is 78.27 to enhance and expand child care sites, to encourage private 78.28 investment in child care and early childhood education sites, to 78.29 promote availability of quality, affordable child care 78.30 throughout Minnesota, and to provide for cooperation between 78.31 private nonprofit child care organizations, family child care 78.32 and center providers and the department of children, families, 78.33 and learning. 78.34 Subd. 2. [GRANTS.] The commissioner shall distribute money 78.35 provided by this section through a grant to a nonprofit 78.36 corporation organized to plan, develop, and finance early 79.1 childhood education and child care sites. The nonprofit 79.2 corporation must have demonstrated the ability to analyze 79.3 financing projects, have knowledge of other sources of public 79.4 and private financing for child care and early childhood 79.5 education sites, and have a relationship with the resource and 79.6 referral programs under section 119B.18. The board of directors 79.7 of the nonprofit corporation must include members who are 79.8 knowledgeable about early childhood education, child care, 79.9 development and improvement, and financing. The commissioners 79.10 of the departments of children, families, and learning and trade 79.11 and economic development, and the commissioner of the housing 79.12 finance agency shall advise the board on the loan program. The 79.13 grant must be used to make loans to improve child care or early 79.14 childhood education sites, or loans to plan, design, and 79.15 construct or expand licensed and legal unlicensed sites to 79.16 increase the availability of child care or early childhood 79.17 education. All loans made by the nonprofit corporation must 79.18 comply with section 363.03, subdivision 8. 79.19 Subd. 3. [FINANCING PROGRAM.] A nonprofit corporation that 79.20 receives a grant under this section shall use the money to: 79.21 (1) establish a revolving loan fund to make loans to 79.22 existing, expanding, and new licensed and legal unlicensed child 79.23 care and early childhood education sites; 79.24 (2) establish a fund to guarantee private loans to improve 79.25 or construct a child care or early childhood education site; 79.26 (3) establish a fund to provide forgivable loans or grants 79.27 to match all or part of a loan made under this section; and 79.28 (4) establish a fund as a reserve against bad debt. 79.29 The nonprofit corporation shall establish the terms and 79.30 conditions for loans and loan guarantees including, but not 79.31 limited to, interest rates, repayment agreements, private match 79.32 requirements, and conditions for loan forgiveness. The 79.33 nonprofit corporation shall establish a minimum interest rate 79.34 for loans to ensure that necessary loan administration costs are 79.35 covered. The nonprofit corporation may use interest earnings 79.36 for administrative expenses. 80.1 Subd. 4. [REPORTING.] A nonprofit corporation that 80.2 receives a grant under this section shall: 80.3 (1) annually report by September 30 to the commissioner the 80.4 purposes for which the money was used in the past fiscal year, 80.5 including a description of projects supported by the financing, 80.6 an account of loans made during the calendar year, the financing 80.7 program's assets and liabilities, and an explanation of 80.8 administrative expenses; and 80.9 (2) annually submit to the commissioner a copy of the 80.10 report of an independent audit performed in accordance with 80.11 generally accepted accounting practices and auditing standards. 80.12 Sec. 64. Minnesota Statutes 1996, section 121.8355, 80.13 subdivision 1, is amended to read: 80.14 Subdivision 1. [ESTABLISHMENT.] (a) In order to qualify as 80.15 a family services collaborative, a minimum of one school 80.16 district, one county, one public health entity, one community 80.17 action agency as defined in section 268.53, and one Head Start 80.18 grantee if the community action agency is not the designated 80.19 federal grantee for the Head Start program must agree in writing 80.20 to provide coordinated family services and commit resources to 80.21 an integrated fund. Collaboratives are expected to have broad 80.22 community representation, which may include other local 80.23 providers, including additional school districts, counties, and 80.24 public health entities, other municipalities, public libraries, 80.25 existing culturally specific community organizations, tribal 80.26 entities, local health organizations, private and nonprofit 80.27 service providers, child care providers, local foundations, 80.28 community-based service groups, businesses, local transit 80.29 authorities or other transportation providers, community action 80.30 agencies under section 268.53, senior citizen volunteer 80.31 organizations, parent organizations, parents, and sectarian 80.32 organizations that provide nonsectarian services. 80.33 (b)Community-based collaboratives composed of80.34representatives of schools, local businesses, local units of80.35government, parents, students, clergy, health and social80.36services providers, youth service organizations, and existing81.1culturally specific community organizations may plan and develop81.2services for children and youth. A community-based81.3collaborative must agree to collaborate with county, school81.4district, community action, and public health entities. Their81.5services may include opportunities for children or youth to81.6improve child health and development, reduce barriers to81.7adequate school performance, improve family functioning, provide81.8community service, enhance self esteem, and develop general81.9employment skills.81.10(c)Members of the governing bodies of political 81.11 subdivisions involved in the establishment of a family services 81.12 collaborative shall select representatives of the 81.13 nongovernmental entities listed in paragraph (a) to serve on the 81.14 governing board of a collaborative. The governing body members 81.15 of the political subdivisions shall select one or more 81.16 representatives of the nongovernmental entities within the 81.17 family service collaborative. 81.18 Sec. 65. Minnesota Statutes 1996, section 124.2615, 81.19 subdivision 1, is amended to read: 81.20 Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] By February 81.21 15, 1992, for the 1991-1992 school year or byJanuary 1 ofMay 1 81.22 preceding subsequent school years, a district must submit to the 81.23 commissioners of children, families, and learning, and health,81.24human services, and economic security: 81.25 (1) a description of the services to be provided; 81.26 (2) a plan to ensure children at greatest risk receive 81.27 appropriate services; 81.28 (3) a description of procedures and methods to be used to 81.29 coordinate public and private resources to maximize use of 81.30 existing community resources, including school districts, health 81.31 care facilities, government agencies, neighborhood 81.32 organizations, and other resources knowledgeable in early 81.33 childhood development; 81.34 (4) comments about the district's proposed program by the 81.35 advisory council required by section 121.831, subdivision 7; and 81.36 (5) agreements with all participating service providers. 82.1 Each commissioner may review and comment on the program, 82.2 and make recommendations to the commissioner of children, 82.3 families, and learning, within 30 days of receiving the plan. 82.4 Sec. 66. Minnesota Statutes 1996, section 124.2615, 82.5 subdivision 2, is amended to read: 82.6 Subd. 2. [AMOUNT OF AID.] (a) A district is eligible to 82.7 receive learning readiness aid if the program plan as required 82.8 by subdivision 1 has been approved by the commissioner of 82.9 children, families, and learning.The aid is equal to:82.10(1) $200 for fiscal year 1992 and $300 for fiscal year 199382.11times the number of eligible four-year old children residing in82.12the district, as determined according to section 124.2711,82.13subdivision 2; plus82.14(2) $100 for fiscal year 1992 and $300 for fiscal year 199382.15times the result of;82.16(3) the ratio of the number of pupils enrolled in the82.17school district from families eligible for the free or reduced82.18school lunch program to the total number of pupils enrolled in82.19the school district; times82.20(4) the number of children in clause (1).82.21 (b) For fiscal year19941998 and thereafter, a district 82.22 shall receive learning readiness aid equal to: 82.23 (1) the number of eligible four-year old children in the 82.24 district times the ratio of 50 percent of the total learning 82.25 readiness aid for that year to the total number of eligible 82.26 four-year old children reported to the commissioner for that 82.27 year; plus 82.28 (2)the number of participating eligible children times the82.29ratio of 15 percent of the total learning readiness aid for that82.30year to the total number of participating eligible children for82.31that year; plus82.32(3)the number of pupils enrolled in the school district 82.33 from families eligible for the free or reduced school lunch 82.34 program times the ratio of3550 percent of the total learning 82.35 readiness aid for that year to the total number of pupils in the 82.36 state from families eligible for the free or reduced school 83.1 lunch program. 83.2 Sec. 67. [EARLY CHILDHOOD PROFESSIONAL DEVELOPMENT.] 83.3 The Minnesota Institute for Early Childhood Professional 83.4 Development shall make recommendations by January 15, 1998, 83.5 related to the qualifications for child care center staff and 83.6 family child care providers to the commissioners of human 83.7 services and children, families, and learning and the Minnesota 83.8 state legislature. Recommendations must be made in the 83.9 following areas: 83.10 (1) whether the procedures for licensing individuals should 83.11 be separated from the licensing of the program and physical 83.12 plant of child care centers and homes; 83.13 (2) which entity would be the most appropriate to issue 83.14 individual licenses; 83.15 (3) core competencies which are based on the age of the 83.16 children served and type of provider; and 83.17 (4) the amount of preservice training, experience, and 83.18 in-service training for child care providers. 83.19 Sec. 68. [CHILD CARE CAPACITY PROJECT.] 83.20 A capacity project is established for the regional child 83.21 care resource and referral programs under Minnesota Statutes, 83.22 section 119B.18. Each regional resource and referral program 83.23 shall develop and provide a capacity program to assist in 83.24 identifying and providing new child care arrangements for 83.25 parents. Under this project, a resource and referral program 83.26 may: 83.27 (1) establish an easy-to-use, on-line child care referral 83.28 service for parents entering the workforce; 83.29 (2) provide services to meet the increased demand for 83.30 referral services and consultations; 83.31 (3) coordinate training; 83.32 (4) recruit child care providers with an emphasis on 83.33 identifying providers for nontraditional times, infant and 83.34 toddler care, and care for children with special needs; and 83.35 (5) provide technical assistance and training for 83.36 prospective and new child care providers. 84.1 Sec. 69. [UNIVERSAL APPLICATION FORM; BASIC SLIDING FEE 84.2 PROGRAM.] 84.3 The commissioner of children, families, and learning shall 84.4 develop a universal application form for the basic sliding fee 84.5 program. The commissioner shall make the form available to all 84.6 counties. Counties may use the universal application form to 84.7 implement a mail application process for the basic sliding fee 84.8 program. 84.9 Sec. 70. [FINDINGS.] 84.10 The legislature finds that all children need well-balanced 84.11 meals and snacks in order to build strong bodies and minds. The 84.12 legislature finds further that programs to provide nutritional 84.13 elements to participants enrolled in child and adult care 84.14 programs are at risk from reduced federal funding and more 84.15 restrictive eligibility standards. The legislature finds 84.16 further that it is a valid public purpose to provide public 84.17 funding for food and nutrition programs in licensed family day 84.18 care homes. 84.19 Sec. 71. [CHILD AND ADULT CARE FOOD PROGRAM.] 84.20 A licensed family day care home that has participated in 84.21 the child and adult care food program administered by the 84.22 department of children, families, and learning that complies 84.23 with United States Department of Agriculture meal pattern 84.24 regulations is eligible to receive cash reimbursements from 84.25 funds made available by the appropriations in section 72, 84.26 subdivision 14. 84.27 Sec. 72. [APPROPRIATIONS.] 84.28 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 84.29 LEARNING.] The sums indicated are appropriated to the department 84.30 of children, families, and learning for fiscal years designated. 84.31 Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care 84.32 assistance according to Minnesota Statutes, section 119B.03: 84.33 $38,865,000 ..... 1998 84.34 $50,631,000 ..... 1999 84.35 Subd. 3. [TANF CHILD CARE.] For child care assistance 84.36 according to Minnesota Statutes, section 119B.05: 85.1 $33,798,000 ..... 1998 85.2 $64,238,000 ..... 1999 85.3 Subd. 4. [AT-HOME INFANT CHILD CARE.] For child care 85.4 assistance under section 30. 85.5 $290,000 ..... 1998 85.6 $120,000 ..... 1999 85.7 Subd. 5. [CHILD CARE ADMINISTRATION.] For administration 85.8 of child care assistance and development programs according to 85.9 Minnesota Statutes, sections 119B.03 and 119B.05: 85.10 $1,029,000 ..... 1998 85.11 $1,029,000 ..... 1999 85.12 Any balance in the first year does not cancel but is 85.13 available in the second year. 85.14 Subd. 6. [CHILD CARE DEVELOPMENT.] For child care 85.15 development grants according to Minnesota Statutes, section 85.16 119B.21: 85.17 $2,600,000 ..... 1998 85.18 $1,340,000 ..... 1999 85.19 Of this amount, $2,000,000 is a one-time appropriation in 85.20 fiscal year 1998 and is not to be added to the base. 85.21 Subd. 7. [CHILD MENTOR PROGRAMS.] For grants for child 85.22 mentor programs: 85.23 $530,000 ..... 1998 85.24 Of this amount, up to $280,000 is for a grant to the 85.25 Minnesota licensed family child care association for statewide 85.26 implementation of the family child care mentorship model 85.27 developed by the association. 85.28 Of this amount, up to $250,000 is for a grant to the 85.29 Minnesota child care apprentice/mentor program to modify the 85.30 apprentice/mentor program for statewide implementation through 85.31 the child care careers program of the community/technical 85.32 college system. 85.33 Any balance in the first year does not cancel but is 85.34 available in the second year. 85.35 In fiscal year 1999, the commissioner may transfer funding 85.36 between the programs, at the request of the Minnesota licensed 86.1 family child care association and the Minnesota child care 86.2 apprentice/mentor program to respond to demonstrated demand for 86.3 these programs. 86.4 Subd. 8. [PROJECT IMPACT.] For a grant to expand project 86.5 impact: 86.6 $ 250,000 ..... 1998 86.7 The grant must be used to prepare child care providers and 86.8 staff who are members of a community of color, as defined in 86.9 Minnesota Statutes, section 257.076, subdivision 3, to meet or 86.10 exceed the education and experience requirements of assistant 86.11 teachers, teachers, and family day care providers in licensed 86.12 child care programs. 86.13 Any balance in the first year does not cancel but is 86.14 available in the second year. 86.15 Subd. 9. [CHILD CARE APPRENTICE/MENTOR PROGRAM.] For a 86.16 grant to the Minnesota child care apprentice/mentor program: 86.17 $ 500,000 ..... 1998 86.18 Any balance in the first year does not cancel but is 86.19 available in the second year. 86.20 Subd. 10. [ECFE/FAMILY CHILD CARE TRAINING COLLABORATION.] 86.21 For grants to early childhood family education program under 86.22 Minnesota Statutes, section 121.882: 86.23 $ 300,000 ..... 1998 86.24 Any balance in the first year does not cancel but is 86.25 available in the second year. 86.26 The grants must be used to expand the staff and programming 86.27 capacity to permit licensed or legal unlicensed child care 86.28 providers to participate in the ECFE programs. 86.29 Subd. 11. [CHILD DEVELOPMENT EDUCATION AID TRAINING 86.30 LOANS.] For a grant to the regional child care resource and 86.31 referral programs for education and training loan under section 86.32 49: 86.33 $ 720,000 ..... 1998 86.34 Any balance in the first year does not cancel but is 86.35 available in the second year. 86.36 Of this amount up to eight percent may be used for 87.1 administration of the loan program. 87.2 Subd. 12. [RESOURCE AND REFERRAL PROJECTS.] For grants to 87.3 the regional child care resource and referral programs under 87.4 Minnesota Statutes, section 199B.18: 87.5 $1,380,000 ..... 1998 87.6 $1,380,000 ..... 1999 87.7 Any balance in the first year does not cancel but is 87.8 available in the second year. 87.9 Of this amount, $1,000,000 of the appropriation in fiscal 87.10 year 1998 is one time only and is not to be added to the base. 87.11 Of these amounts, up to $500,000 may be used for 87.12 recruitment, training, and technical assistance for prospective 87.13 and new child care providers. 87.14 Subd. 13. [CHILD CARE FACILITY IMPROVEMENT GRANTS.] For a 87.15 child care facility improvement grant to a nonprofit corporation 87.16 under Minnesota Statutes, section 119B.25: 87.17 $1,000,000 ..... 1998 87.18 This appropriation is available until expended. 87.19 Of this amount, up to five percent may be used by the 87.20 department and the nonprofit corporation to administer the loan 87.21 program including costs associated with setting up an 87.22 information system to administer child care and early childhood 87.23 education facility loans. 87.24 Subd. 14. [CHILD AND ADULT CARE FOOD PROGRAM.] $...,... 87.25 for the meal and nutrition program for licensed family day care 87.26 homes under section 71. 87.27 $ -0- ..... 1998 87.28 $ -0- ..... 1999 87.29 Sec. 73. [REPEALER.] 87.30 Minnesota Statutes 1996, sections 119B.03, subdivision 7; 87.31 119B.05, subdivisions 2 and 3; 119B.11, subdivision 2; 119B.19, 87.32 subdivision 2; 119B.21, subdivision 7; and 121.8355, subdivision 87.33 1a, are repealed.