3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to family and early childhood education; 1.3 providing for community and prevention programs; 1.4 promoting self-sufficiency; providing for child care; 1.5 establishing grant programs; appropriating money; 1.6 amending Minnesota Statutes 1996, sections 12.21, 1.7 subdivision 3; 15.53, subdivision 2; 119A.01, 1.8 subdivision 3; 119A.04, subdivision 6, and by adding a 1.9 subdivision; 119A.13, subdivisions 2, 3, and 4; 1.10 119A.14; 119A.15, subdivisions 2, 5, and by adding a 1.11 subdivision; 119A.16; 119A.31, subdivision 1; 119B.01, 1.12 subdivisions 8, 9, 12, 15, 16, 17, and by adding 1.13 subdivisions; 119B.02; 119B.03, subdivisions 3, 4, 5, 1.14 6, 7, 8, and by adding subdivisions; 119B.04; 119B.05, 1.15 subdivisions 1, 5, 6, and by adding a subdivision; 1.16 119B.07; 119B.08, subdivisions 1 and 3; 119B.09, 1.17 subdivisions 1, 2, and by adding subdivisions; 1.18 119B.10, subdivision 1; 119B.11, subdivisions 1, 3, 1.19 and by adding a subdivision; 119B.12; 119B.13, 1.20 subdivision 1, and by adding subdivisions; 119B.15; 1.21 119B.16, subdivision 1; 119B.18, by adding a 1.22 subdivision; 119B.20, subdivisions 7, 9, and 10; 1.23 119B.21, subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 10, and 1.24 11; 120.05, subdivision 2; 121.11, by adding a 1.25 subdivision; 121.831, subdivisions 3 and 4; 121.8355, 1.26 subdivision 1; 121.88, subdivisions 1, 10, and by 1.27 adding a subdivision; 121.882, subdivision 2; 124.17, 1.28 subdivision 2e; 124.26, subdivision 2; 124.2601, 1.29 subdivisions 3, 4, 5, and 6; 124.261, subdivision 1; 1.30 124.2615, subdivisions 1 and 2; 124.2711, subdivisions 1.31 1 and 2a; 124.2713, subdivisions 6 and 8; 124.2716, 1.32 subdivision 3; 268.53, subdivision 5; 268.912; 1.33 268.913, subdivisions 2 and 4; 268.914, subdivision 1; 1.34 and 517.08, subdivision 1c; Laws 1996, chapter 463, 1.35 section 4, subdivision 2, as amended; proposing coding 1.36 for new law in Minnesota Statutes, chapters 119A; and 1.37 119B; repealing Minnesota Statutes 1996, sections 1.38 119B.03, subdivision 7; 119B.05, subdivisions 2 and 3; 1.39 119B.11, subdivision 2; 119B.19, subdivision 2; 1.40 119B.21, subdivision 7; 121.8355, subdivision 1a; and 1.41 268.913, subdivision 5. 1.42 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.43 ARTICLE 1 2.1 EARLY CHILDHOOD PROGRAMS 2.2 Section 1. Minnesota Statutes 1996, section 12.21, 2.3 subdivision 3, is amended to read: 2.4 Subd. 3. [SPECIFIC AUTHORITY.] In performing duties under 2.5 this chapter and to effect its policy and purpose, the governor 2.6 may: 2.7 (1) make, amend, and rescind the necessary orders and rules 2.8 to carry out the provisions of this chapter and section 216C.15 2.9 within the limits of the authority conferred by this section, 2.10 with due consideration of the plans of the federal government 2.11 and without complying with sections 14.001 to 14.69, but no 2.12 order or rule has the effect of law except as provided by 2.13 section 12.32; 2.14 (2) ensure that a comprehensive emergency operations plan 2.15 and emergency management program for this state are developed 2.16 and maintained, and are integrated into and coordinated with the 2.17 emergency plans of the federal government and of other states to 2.18 the fullest possible extent; 2.19 (3) in accordance with the emergency operations plan and 2.20 the emergency management program of this state, procure supplies 2.21 and equipment, institute training programs and public 2.22 information programs, and take all other preparatory steps, 2.23 including the partial or full activation of emergency management 2.24 organizations in advance of actual disaster to ensure the 2.25 furnishing of adequately trained and equipped forces of 2.26 emergency management personnel in time of need; 2.27 (4) make studies and surveys of the industries, resources, 2.28 and facilities in this state as may be necessary to ascertain 2.29 the capabilities of the state for emergency management and to 2.30 plan for the most efficient emergency use of those industries, 2.31 resources, and facilities; 2.32 (5) on behalf of this state, enter into mutual aid 2.33 arrangements or cooperative agreements with other states and 2.34 with Canadian provinces, and coordinate mutual aid plans between 2.35 political subdivisions of this state; 2.36 (6) delegate administrative authority vested in the 3.1 governor under this chapter, except the power to make rules, and 3.2 provide for the subdelegation of that authority; 3.3 (7) cooperate with the president and the heads of the armed 3.4 forces, the emergency management agency of the United States and 3.5 other appropriate federal officers and agencies, and with the 3.6 officers and agencies of other states in matters pertaining to 3.7 the emergency management of the state and nation, including the 3.8 direction or control of: 3.9 (i) emergency preparedness drills and exercises; 3.10 (ii) warnings and signals for drills or actual emergencies 3.11 and the mechanical devices to be used in connection with them; 3.12 (iii) shutting off water mains, gas mains, electric power 3.13 connections and the suspension of all other utility services; 3.14 (iv) the conduct of persons in the state and the movement 3.15 and cessation of movement of pedestrians and vehicular traffic 3.16 during, prior, and subsequent to drills or actual emergencies; 3.17 (v) public meetings or gatherings; and 3.18 (vi) the evacuation, reception, and sheltering of persons; 3.19 (8) contribute to a political subdivision, within the 3.20 limits of the appropriation for that purpose, not more than 25 3.21 percent of the cost of acquiring organizational equipment that 3.22 meets standards established by the governor; 3.23 (9) formulate and execute, with the approval of the 3.24 executive council, plans and rules for the control of traffic in 3.25 order to provide for the rapid and safe movement over public 3.26 highways and streets of troops, vehicles of a military nature, 3.27 materials for national defense and war or for use in any war 3.28 industry, for the conservation of critical materials or for 3.29 emergency management purposes, and coordinate the activities of 3.30 the departments or agencies of the state and its political 3.31 subdivisions concerned directly or indirectly with public 3.32 highways and streets, in a manner that will best effectuate 3.33 those plans; 3.34 (10) alter or adjust by executive order, without complying 3.35 with sections 14.01 to 14.69, the working hours, work days and 3.36 work week of, and annual and sick leave provisions and payroll 4.1 laws regarding all state employees in the executive branch as 4.2 the governor deems necessary to minimize the impact of the 4.3 disaster or emergency, conforming the alterations or adjustments 4.4 to existing state laws, rules, and collective bargaining 4.5 agreements to the extent practicable; 4.6 (11) authorize the commissioner of children, families, and 4.7 learning to alter school schedules, curtail school activities, 4.8 or order schools closed without affecting state aid to schools, 4.9 as defined in section 120.05, and including charter schools 4.10 under section 120.064. 4.11 Sec. 2. Minnesota Statutes 1996, section 120.05, 4.12 subdivision 2, is amended to read: 4.13 Subd. 2. [DEFINITIONS.] (1) Elementary school means any 4.14 school with building, equipment, courses of study, class 4.15 schedules, enrollment of pupils ordinarily ingrades 14.16 prekindergarten through grade 6 or any portion thereof and staff 4.17 meeting the standards established by the state board of 4.18 education. 4.19 The state board of education shall not close a school or 4.20 deny any state aids to a district for its elementary schools 4.21 because of enrollment limitations classified in accordance with 4.22 the provisions of subdivision 2, clause (1). 4.23 (2) Middle school means any school other than a secondary 4.24 school giving an approved course of study in a minimum of three 4.25 consecutive grades above 4th but below 10th with building, 4.26 equipment, courses of study, class schedules, enrollment, and 4.27 staff meeting the standards established by the state board of 4.28 education. 4.29 (3) Secondary school means any school with building, 4.30 equipment, courses of study, class schedules, enrollment of 4.31 pupils ordinarily in grades 7 through 12 or any portion thereof, 4.32 and staff meeting the standards established by the state board 4.33 of education. 4.34 (4) A vocational center school is one serving a group of 4.35 secondary schools with approved areas of secondary vocational 4.36 training and offering vocational secondary and adult programs 5.1 necessary to meet local needs and meeting standards established 5.2 by the state board of education. 5.3 Sec. 3. Minnesota Statutes 1996, section 121.831, 5.4 subdivision 3, is amended to read: 5.5 Subd. 3. [PROGRAM ELIGIBILITY.] A learning readiness 5.6 program shall include the following: 5.7 (1) a comprehensive plan to anticipate and meet the needs 5.8 of participating families by coordinating existing social 5.9 services programs and by fostering collaboration among agencies 5.10 or other community-based organizations and programs that provide 5.11 a full range of flexible, family-focused services to families 5.12 with young children; 5.13 (2) a development and learning component to help children 5.14 develop appropriate social, cognitive, and physical skills, and 5.15 emotional well-being; 5.16 (3) health referral services to address children's medical, 5.17 dental, mental health, and nutritional needs; 5.18 (4) a nutrition component to meet children's daily 5.19 nutritional needs; 5.20 (5) parents' involvement in meeting children's educational, 5.21 health, social service, and other needs; 5.22 (6) community outreach to ensure participation by families 5.23 who represent the racial, cultural, and economic diversity of 5.24 the community;and5.25 (7) community-based staff and program resources, including 5.26 interpreters, that reflect the racial and ethnic characteristics 5.27 of the children participating in the program; and 5.28 (8) a literacy component to ensure that the literacy needs 5.29 of parents are addressed through referral to and cooperation 5.30 with adult basic education programs and other adult literacy 5.31 programs. 5.32 Sec. 4. Minnesota Statutes 1996, section 121.831, 5.33 subdivision 4, is amended to read: 5.34 Subd. 4. [PROGRAM CHARACTERISTICS.] Learning readiness 5.35 programs are encouraged to: 5.36 (1) prepare an individualized service plan to meet each 6.1 child's developmental and learning needs; 6.2 (2) provide parent education to increase parents' 6.3 knowledge, understanding, skills, and experience in child 6.4 development and learning; 6.5 (3) foster substantial parent involvement that may include 6.6 having parents develop curriculum or serve as a paid or 6.7 volunteer educator, resource person, or other staff; 6.8 (4) identify the needs of families in the content of the 6.9 child's learning readiness and family literacy; 6.10 (5) expand collaboration with public organizations, 6.11 businesses, nonprofit organizations, or other private 6.12 organizations to develop a coordinated system of flexible, 6.13 family-focused services available to anticipate and meet the 6.14 full range of needs of all eligible children and their families; 6.15 (6) coordinate treatment and follow-up services for 6.16 children's identified physical and mental health problems; 6.17 (7) offer transportation for eligible children and their 6.18 families for whom other forms of transportation are unavailable 6.19 or would constitute an excessive financial burden; 6.20 (8) make substantial outreach efforts to assure significant 6.21 participation by families with the greatest needs, including 6.22 those families whose income level does not exceed the most 6.23 recent update of the poverty guidelines required by sections 652 6.24 and 673(2) of the Omnibus Budget Reconciliation Act of 1981 6.25 (Public Law Number 97-35); 6.26 (9) use community-based, trained home visitors serving as 6.27 paraprofessionals to provide social support, referrals, parent 6.28 education, and other services; 6.29 (10) create community-based family resource centers and 6.30 interdisciplinary teams; and 6.31 (11) enhance the quality of family or center-based child 6.32 care programs by providing supplementary services and resources, 6.33 staff training, and assistance with children with special needs. 6.34 Sec. 5. Minnesota Statutes 1996, section 121.882, 6.35 subdivision 2, is amended to read: 6.36 Subd. 2. [PROGRAM CHARACTERISTICS.] Early childhood family 7.1 education programs are programs for children in the period of 7.2 life from birth to kindergarten, for the parents of such 7.3 children, and for expectant parents. The programs may include 7.4 the following: 7.5 (1) programs to educate parents about the physical, mental, 7.6 and emotional development of children; 7.7 (2) programs to enhance the skills of parents in providing 7.8 for their children's learning and development; 7.9 (3) learning experiences for children and parents that 7.10 promote children's development; 7.11 (4) activities designed to detect children's physical, 7.12 mental, emotional, or behavioral problems that may cause 7.13 learning problems; 7.14 (5) activities and materials designed to encourage 7.15 self-esteem, skills, and behavior that prevent sexual and other 7.16 interpersonal violence; 7.17 (6) educational materials which may be borrowed for home 7.18 use; 7.19 (7) information on related community resources; 7.20 (8) programs to prevent child abuse and neglect;or7.21 (9) other programs or activities to improve the health, 7.22 development, and learning readiness of children; or 7.23 (10) activities designed to maximize development during 7.24 infancy. 7.25 The programs shall not include activities for children that 7.26 do not require substantial involvement of the children's 7.27 parents. The programs shall be reviewed periodically to assure 7.28 the instruction and materials are not racially, culturally, or 7.29 sexually biased. The programs shall encourage parents to be 7.30 aware of practices that may affect equitable development of 7.31 children. 7.32 Sec. 6. Minnesota Statutes 1996, section 124.2711, 7.33 subdivision 1, is amended to read: 7.34 Subdivision 1. [REVENUE.] The revenue for early childhood 7.35 family education programs for a school district equals $101.25 7.36 for19931998 and $113.50 for 1999 and later fiscal years times 8.1 the greater of: 8.2 (1) 150; or 8.3 (2) the number of people under five years of age residing 8.4 in the school district on October 1 of the previous school year. 8.5 Sec. 7. Minnesota Statutes 1996, section 124.2711, 8.6 subdivision 2a, is amended to read: 8.7 Subd. 2a. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To 8.8 obtain early childhood family education revenue, a district may 8.9 levy an amount equal to the tax rate of.609.653 percent times 8.10 the adjusted tax capacity of the district for the year preceding 8.11 the year the levy is certified. If the amount of the early 8.12 childhood family education levy would exceed the early childhood 8.13 family education revenue, the early childhood family education 8.14 levy shall equal the early childhood family education revenue. 8.15 Sec. 8. Minnesota Statutes 1996, section 268.912, is 8.16 amended to read: 8.17 268.912 [HEAD START PROGRAM.] 8.18 The department ofeconomic securitychildren, families, and 8.19 learning is the state agency responsible for administering the 8.20 Head Start program. The commissioner ofeconomic security8.21 children, families, and learning may make grants to public or 8.22 private nonprofit agencies for the purpose of providing 8.23 supplemental funds for the federal Head Start program. 8.24 Sec. 9. Minnesota Statutes 1996, section 268.913, 8.25 subdivision 2, is amended to read: 8.26 Subd. 2. [PROGRAM ACCOUNT 20.] "Program account 20" means 8.27 the federally designated and funded accountlimited tofor 8.28 training and technical assistance activities. 8.29 Sec. 10. Minnesota Statutes 1996, section 268.913, 8.30 subdivision 4, is amended to read: 8.31 Subd. 4. [PROGRAM ACCOUNT2625.] "Program account2625" 8.32 means the federally designated and funded accountthat can only8.33be used to provide special services to handicapped diagnosed8.34childrenfor parent child centers. 8.35 Sec. 11. Minnesota Statutes 1996, section 268.914, 8.36 subdivision 1, is amended to read: 9.1 Subdivision 1. [STATE SUPPLEMENT FOR FEDERAL GRANTEES.] 9.2 (a) The commissioner ofeconomic security shallchildren, 9.3 families, and learning must distribute money appropriated for 9.4 that purpose to Head Start program grantees to expand 9.5 services and to serve additional low-income children. Money 9.6 must be allocated to each project Head Start grantee in 9.7 existence on the effective date of Laws 1989, chapter 282. 9.8 Migrant and Indian reservation grantees must be initially 9.9 allocated money based on the grantees' share of federal funds. 9.10 The remaining money must be initially allocated to the remaining 9.11 local agencies based equally on the agencies' share of federal 9.12 funds and on the proportion of eligible children in the 9.13 agencies' service area who are not currently being served. A 9.14 Head Start grantee must be funded at a per child rate equal to 9.15 its contracted, federally funded base level for program accounts 9.1620 to 2620, 22, and 25 at the start of the fiscal year. In 9.17 allocating funds under this paragraph, the commissionerof9.18economic securitymust assure that each Head Start grantee is 9.19 allocated no less funding in any fiscal year than was allocated 9.20 to that grantee in fiscal year 1993. The commissioner may 9.21 provide additional funding to grantees for start-up costs 9.22 incurred by grantees due to the increased number of children to 9.23 be served. Before paying money to the grantees, the 9.24 commissionershallmust notify each grantee of its initial 9.25 allocation, how the money must be used, and the number of 9.26 low-income children that must be served with the allocation. 9.27 Each grantee must notify the commissioner of the number 9.28 ofadditionallow-income children it will be able to serve. For 9.29 any grantee that cannotserve additional children toutilize its 9.30 full allocation, the commissionershallmust reduce the 9.31 allocation proportionately. Money available after the initial 9.32 allocations are reduced must be redistributed to eligible 9.33 grantees. 9.34 (b) Up to 11 percent of the funds appropriated annually may 9.35 be used to provide grants to local Head Start agencies to 9.36 provide funds for innovative programs designed either to target 10.1 Head Start resources to particular at-risk groups of children or 10.2 to provide services in addition to those currently allowable 10.3 under federal Head Start regulations. The commissionershall10.4 must award funds for innovative programs under this paragraph on 10.5 a competitive basis. 10.6 Sec. 12. [ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID; 10.7 FISCAL YEAR 1998.] 10.8 A district that complies with Minnesota Statutes, section 10.9 121.882, shall receive additional early childhood family 10.10 education aid for fiscal year 1998 equal to $10 times the 10.11 greater of: 10.12 (1) 150; or 10.13 (2) the number of people under five years of age residing 10.14 in the school district on October 1 of the previous school 10.15 year. The additional early childhood family education aid may 10.16 be used only for early childhood family education programs. 10.17 Sec. 13. [EARLY CHILDHOOD FAMILY EDUCATION INFANT 10.18 DEVELOPMENT GRANT AWARDS.] 10.19 (a) Early childhood family education programs under 10.20 Minnesota Statutes, section 121.882, may apply to the 10.21 commissioner of children, families, and learning for a grant to 10.22 fund a pilot program to increase services for families of 10.23 infants. Programming for infants and their families must 10.24 conform to the service and other requirements of the early 10.25 childhood family education programs. The infant program must 10.26 include learning experiences for parents of infants that focus 10.27 on methods and information that stimulate and nurture the 10.28 intellectual and emotional development of infants. Proposals 10.29 from programs with service areas where centralized classes are 10.30 not feasible or optimal, may include home visiting programs 10.31 under Minnesota Statutes, section 121.882, subdivision 2b. 10.32 (b) The eligible applicant shall submit an application in 10.33 the form and manner prescribed by the commissioner. Grant 10.34 applicants shall describe the proposed infant and family 10.35 education approach. The application must specify the program 10.36 components, outreach methods, targeted ages, anticipated role of 11.1 the home visits, if any, and how the program will encourage 11.2 participation by families with infants. 11.3 Sec. 14. [OFFICE OF COMMUNITY SERVICES.] 11.4 The commissioner of children, families, and learning shall 11.5 review the accounts and funding for programs administered in the 11.6 office of community services. The commissioner shall also 11.7 review the methods of distributing grants and revenue to 11.8 communities, programs, districts, and other organizations. The 11.9 commissioner shall develop unified application forms for 11.10 competitive grant programs administered by the office. The 11.11 commissioner shall present a proposal to the legislature on ways 11.12 to streamline applications, and to the extent possible, combine 11.13 accounts, programs, and funding streams. 11.14 Sec. 15. [YEAR 2000 READY.] 11.15 The commissioner of children, families, and learning shall 11.16 ensure that any computer software or hardware that is purchased 11.17 with money appropriated in this act must be year 2000 ready. 11.18 Sec. 16. [LINKED SERVICES; LITERACY; EDUCATION.] 11.19 The commissioner shall ensure that all early childhood, 11.20 community support, prevention, and family service programs 11.21 administered by the department of children, families, and 11.22 learning that receive state aid or state appropriations or are 11.23 eligible for grants through the department of children, 11.24 families, and learning must: 11.25 (1) develop methods to collaborate to encourage family 11.26 literacy; 11.27 (2) implement measures to link services with all programs 11.28 that support families and early childhood development; and 11.29 (3) ensure that education and educational development are a 11.30 program goal. 11.31 Sec. 17. [REPORT SUNSET.] 11.32 Beginning September 15, 1997, the requirement to submit the 11.33 following reports expires: 11.34 (1) child abuse prevention trust fund disbursement plan 11.35 under Minnesota Statutes, section 119A.13; 11.36 (2) child care system report under Minnesota Statutes, 12.1 section 119B.24; 12.2 (3) community crime reduction report under Minnesota 12.3 Statutes, section 119A.31; 12.4 (4) administrative duties report under Minnesota Statutes, 12.5 section 119A.31; 12.6 (5) progress report on male responsibility grants under 12.7 Minnesota Statutes, section 126.84; 12.8 (6) school-linked services report under Minnesota Statutes, 12.9 section 256.995; 12.10 (7) state drug strategy under Minnesota Statutes, section 12.11 119A.26; 12.12 (8) chemical abuse and violence prevention council report 12.13 under Minnesota Statutes, section 119A.28; 12.14 (9) violence prevention grant report under Minnesota 12.15 Statutes, section 126.78; and 12.16 (10) Head Start report under Minnesota Statutes, section 12.17 268.917. 12.18 Sec. 18. [APPROPRIATIONS.] 12.19 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 12.20 LEARNING.] The sums indicated in this section are appropriated 12.21 from the general fund to the department of children, families, 12.22 and learning for the fiscal years designated. 12.23 Subd. 2. [LEARNING READINESS PROGRAM REVENUE.] For revenue 12.24 for learning readiness programs according to Minnesota Statutes, 12.25 sections 121.831 and 124.2615: 12.26 $10,316,000 ..... 1998 12.27 $10,405,000 ..... 1999 12.28 The 1998 appropriation includes $949,000 for 1997 and 12.29 $9,367,000 for 1998. 12.30 The 1999 appropriation includes $1,040,000 for 1998 and 12.31 $9,365,000 for 1999. 12.32 $10,000 each year may be spent for evaluation of learning 12.33 readiness programs. 12.34 $50,000 is for a grant to Itasca county for the Greenway 12.35 Readiness Program. The program must include a half-day 12.36 readiness program for four-year olds, an early childhood 13.1 component, and a resource center. 13.2 $30,000 is for a grant to independent school district No. 13.3 544, Fergus Falls, to study ways to combine all early learning 13.4 programs and to fund those programs. 13.5 Any balance in the first year does not cancel but is 13.6 available in the second year. 13.7 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 13.8 childhood family education aid according to Minnesota Statutes, 13.9 section 124.2711: 13.10 $15,618,000 ..... 1998 13.11 $14,104,000 ..... 1999 13.12 The 1998 appropriation includes $1,361,000 for 1997 and 13.13 $14,257,000 for 1998. 13.14 The 1999 appropriation includes $1,585,000 for 1998 and 13.15 $12,519,000 for 1999. 13.16 $10,000 each year may be spent for evaluation of early 13.17 childhood family education programs. 13.18 $100,000 may be used for pilot technology grants to early 13.19 childhood education programs to enhance the use of technology. 13.20 Grants may be used to purchase, repair, or upgrade computer 13.21 hardware or software, and for training in the use of 13.22 technology. To the extent practicable, the department shall 13.23 solicit donations of refurbished computers for distribution to 13.24 early childhood education programs. 13.25 Any balance in the first year does not cancel but is 13.26 available in the second year. 13.27 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 13.28 health and developmental screening aid according to Minnesota 13.29 Statutes, sections 123.702 and 123.7045: 13.30 $1,550,000 ..... 1998 13.31 $1,550,000 ..... 1999 13.32 The 1998 appropriation includes $155,000 for 1997 and 13.33 $1,395,000 for 1998. 13.34 The 1999 appropriation includes $155,000 for 1998 and 13.35 $1,395,000 for 1999. 13.36 Any balance in the first year does not cancel but is 14.1 available in the second year. 14.2 Subd. 5. [WAY TO GROW.] For grants for existing way to 14.3 grow programs according to Minnesota Statutes, section 121.835: 14.4 $475,000 ..... 1998 14.5 $475,000 ..... 1999 14.6 Any balance in the first year does not cancel but is 14.7 available in the second year. 14.8 Subd. 6. [PART H.] For the department of children, 14.9 families, and learning's share of the state's obligation under 14.10 Part H according to Minnesota Statutes, section 120.1701: 14.11 $400,000 ..... 1998 14.12 Any balance in the first year does not cancel but is 14.13 available in the second year. 14.14 Subd. 7. [EARLY CHILDHOOD FAMILY EDUCATION INFANT 14.15 DEVELOPMENT GRANTS.] For grants to early childhood family 14.16 education programs under Minnesota Statutes, section 121.882, to 14.17 fund initiatives under section 13: 14.18 $2,000,000 ..... 1998 14.19 Any balance in the first year does not cancel but is 14.20 available in the second year. This is a one-time appropriation 14.21 and is not to be added to the permanent base. 14.22 Of this amount, up to two percent each year may be used to 14.23 administer the grant program. 14.24 Subd. 8. [HEAD START PROGRAM.] For Head Start programs 14.25 according to Minnesota Statutes, section 268.914: 14.26 $18,750,000 ..... 1998 14.27 $18,750,000 ..... 1999 14.28 The commissioner may use up to two percent each year for 14.29 state operations. 14.30 Any balance in the first year does not cancel but is 14.31 available in the second year. 14.32 $1,000,000 each year must be used for competitive grants to 14.33 local Head Start agencies for full year programming for children 14.34 ages 0 to 3. The programs must comply with applicable federal 14.35 Head Start performance standards. Grantees may use state grant 14.36 funds to provide services in addition to those allowed under 15.1 federal Head Start regulations. 15.2 Up to $250,000 is for a matching grant to Little Earth 15.3 Residents Association for programming in the Neighborhood Early 15.4 Learning Center. 15.5 Sec. 19. [REPEALER.] 15.6 Minnesota Statutes 1996, sections 119B.03, subdivision 7; 15.7 119B.05, subdivisions 2 and 3; 119B.11, subdivision 2; 119B.19, 15.8 subdivision 2; 119B.21, subdivision 7; 121.8355, subdivision 1a; 15.9 and 268.913, subdivision 5, are repealed. 15.10 Sec. 20. [EFFECTIVE DATE.] 15.11 Sections 1 and 2 apply to the 1997-1998 school year and 15.12 thereafter. 15.13 Section 7 (124.2711, subdivision 2a) is effective for 15.14 revenue for fiscal year 1999. 15.15 ARTICLE 2 15.16 COMMUNITY PROGRAMS AND PREVENTION 15.17 Section 1. Minnesota Statutes 1996, section 15.53, 15.18 subdivision 2, is amended to read: 15.19 Subd. 2. [PERIOD OF ASSIGNMENT.] The period of individual 15.20 assignment or detail under an interchange program shall not 15.21 exceed 24 months, nor shall any person be assigned or detailed 15.22 for more than 24 months during any 36-month period, except when 15.23 the assignment or detail is made to coincide with an 15.24 unclassified appointment under section 15.06. A school 15.25 district, a county, or a public health entity may make an 15.26 assignment for a period not to exceed five years if the 15.27 assignment is made pursuant to section 121.8355, subdivision 6. 15.28 Details relating to any matter covered in sections 15.51 to 15.29 15.57 may be the subject of an agreement between the sending and 15.30 receiving agencies. Elected officials shall not be assigned 15.31 from a sending agency nor detailed to a receiving agency. 15.32 Sec. 2. [119A.08] [NEIGHBORHOOD-BASED SERVICES FOR 15.33 CHILDREN AND FAMILIES.] 15.34 Subdivision 1. [PILOT PROJECTS AUTHORIZED.] The 15.35 commissioner may establish a pilot project for family services 15.36 collaboratives to deliver and broker services through 16.1 neighborhood-based community organizations. 16.2 Subd. 2. [FAMILY SERVICE COLLABORATIVE; PILOT.] (a) A 16.3 family services collaborative under section 121.8355 may apply 16.4 to the commissioner to participate in the pilot project in 16.5 specified geographic areas. The selected collaborative must 16.6 implement the program through family service centers and 16.7 eligible community groups that have strong ties to a local 16.8 neighborhood and represent the diversity of residents and that 16.9 have a history of providing services in the neighborhood. 16.10 (b) An eligible organization must submit an application to 16.11 the sponsoring family services collaborative with a description 16.12 of areas to be served, a neighborhood presence, the needs of the 16.13 area, the services to be provided with associated costs and 16.14 resources, the intended outcomes, and the proposed methods of 16.15 delivering service through volunteers, including any 16.16 reimbursement or incentive not to exceed $200 for any service. 16.17 Proposed services and amounts must be listed in an 16.18 outcomes-based format. 16.19 Subd. 3. [ELIGIBLE ACTIVITIES.] A participating center or 16.20 group may deliver, or arrange for the delivery of, needed 16.21 services listed in the application including assisting family 16.22 members to achieve the GED requirements; assisting with English 16.23 as a second language or citizenship classes and tests; assisting 16.24 with access to early childhood programs, childhood 16.25 immunizations, suitable child care, and home visits; and 16.26 assisting in crime prevention through after-school enrichment 16.27 activities, truancy prevention, and tutoring for academically 16.28 under-achieving children. 16.29 A collaborative that receives a grant under this section 16.30 shall establish procedures to ensure the quality of the services 16.31 paid for with grant funds and to monitor the delivery of 16.32 services. 16.33 Sec. 3. Minnesota Statutes 1996, section 119A.13, 16.34 subdivision 2, is amended to read: 16.35 Subd. 2. [ADVISORY COUNCIL.] An advisory council of1917 16.36 members is established under section 15.059. The commissioners 17.1 of human services,public safety,health, and children, 17.2 families, and learning, and correctionsshall each appoint one 17.3 member. The subcommittee on committees of the senate and the 17.4 speaker of the house of representatives shall each appoint two 17.5 members of their respective bodies, one from each caucus. The 17.6 governor shall appoint an additional ten members who shall 17.7 demonstrate knowledge in the area of child abuse prevention and 17.8 shall represent the demographic and geographic composition of 17.9 the state, and to the extent possible, represent the following 17.10 groups: local government, parents, racial and ethnic minority 17.11 communities, the religious community, professional providers of 17.12 child abuse preventionand treatmentservices, and volunteers in 17.13 child abuse preventionand treatmentservices. The council 17.14 shall advise and assist the commissioner in carrying out 17.15 sections 119A.10 to 119A.16. The council does not expire as 17.16 provided by section 15.059, subdivision 5. 17.17 Sec. 4. Minnesota Statutes 1996, section 119A.13, 17.18 subdivision 3, is amended to read: 17.19 Subd. 3. [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1, 17.20 1987, the commissioner, assisted by the advisory council, shall 17.21 develop a plan to disburse money from the trust fund. In 17.22 developing the plan, the commissioner shall review prevention 17.23 programs. The plan must ensure that all geographic areas of the 17.24 state have an equal opportunity to establish prevention programs 17.25 and receive trust fund money.Biennially thereafter the17.26commissioner shall send the plan to the legislature and the17.27governor by January 1 of each odd-numbered year.17.28 Sec. 5. Minnesota Statutes 1996, section 119A.13, 17.29 subdivision 4, is amended to read: 17.30 Subd. 4. [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The 17.31 commissioner shall: 17.32 (1) provide for the coordination and exchange of 17.33 information on the establishment and maintenance of prevention 17.34 programs; 17.35 (2) develop and publish criteria for receiving trust fund 17.36 money by prevention programs; 18.1 (3) review, approve, and monitor the spending of trust fund 18.2 money by prevention programs; 18.3 (4) provide statewide educational and public informational 18.4 seminars to develop public awareness on preventing child abuse; 18.5 to encourage professional persons and groups to recognize 18.6 instances of child abuse and work to prevent them; to make 18.7 information on child abuse prevention available to the public 18.8 and to organizations and agencies; and to encourage the 18.9 development of prevention programs; 18.10 (5) establish a procedure for an annual, internal 18.11 evaluation of the functions, responsibilities, and performance 18.12 of the commissioner in carrying out Laws 1986, chapter 423. In18.13a year in which the state plan is prepared, the evaluation must18.14be coordinated with the preparation of the state plan; 18.15 (6) provide technical assistance to local councils and 18.16 agencies working in the area of child abuse prevention; and 18.17 (7) accept and review grant applications beginning June 1, 18.18 1987. 18.19 (b) The commissioner shall recommend to the governor and 18.20 the legislature changes in state programs, statutes, policies, 18.21 budgets, and standards that will reduce the problems of child 18.22 abuse, improve coordination among state agencies that provide 18.23 prevention services, and improve the condition of children, 18.24 parents, or guardians in need of prevention program services. 18.25 Sec. 6. Minnesota Statutes 1996, section 119A.14, is 18.26 amended to read: 18.27 119A.14 [LOCAL CHILD ABUSE PREVENTION COUNCILS.] 18.28 Subdivision 1. [ESTABLISHMENT OF COUNCIL.] A child abuse 18.29 prevention council may be established in any county or group of 18.30 counties that was eligible to receive funds under Minnesota 18.31 Statutes 1986, section 145.917 as of January 1, 1986. A council 18.32 organized in such a county or group of counties shall be 18.33 authorized by the commissioner to review programs seeking trust 18.34 fund money on finding that the council meets the criteria in 18.35 this subdivision: 18.36 (a) The council has submitted a plan for the prevention of 19.1 child abuse that includes asurveyrank ordering of needed 19.2 programs and services, assesses the need for additional programs 19.3 or services, and demonstrates that standards and procedures have 19.4 been established to ensure that funds will be distributed and 19.5 used according to Laws 1986, chapter 423. 19.6 (b) A single-county council shall consist of: 19.7 (1)members of a multidisciplinary child protection team19.8which must be established under section 626.558a minimum of 19.9 nine members with the majority consisting of members from the 19.10 community-at-large who do not represent service-providing 19.11 agencies. These members shall represent the demographic and 19.12 geographic composition of the county and, to the extent 19.13 possible, represent the following groups: parents, businesses, 19.14 racial and ethnic minority communities, and the faith 19.15 communities; and 19.16 (2) if necessary, enough additional membersappointed by19.17the countywith knowledge in the area of child abuse prevention 19.18 so that a majority of the council is composed of members who do 19.19 not represent public agencies. 19.20 (c) A multicounty council shall beselected bycomposed of 19.21 the combined membership ofthose multidisciplinary teams which19.22have been established in the counties under section 626.558 and19.23shall consist of:persons in paragraph (b). 19.24(1) one representative each from local human services19.25agencies, county attorney offices, county sheriff offices, and19.26health and education agencies, chosen from among the membership19.27of all the teams;19.28(2) one representative from any other public agency group19.29represented among the combined teams; and19.30(3) enough additional members from the public who have19.31knowledge in the area of child abuse so that a majority of the19.32council is composed of members who do not represent public19.33agencies.19.34(d) In any multicounty group eligible to establish a19.35council under this subdivision, at least 50 percent of the19.36counties must have established a multidisciplinary team under20.1section 626.558 before a council may be established.20.2 Subd. 2. [REVIEW BY COUNCIL.] To be eligible to receive a 20.3 grant from the trust fund, an applicant must have had 20.4 itsprogramapplication reviewed by a child abuse prevention 20.5 council from the applicant's geographic area found by the 20.6 commissioner to meet the criteria in this section. In reviewing 20.7 allsuch programsapplications, the council shall consider the 20.8 extent to which the applicant meets the criteria and standards 20.9 in Laws 1986, chapter 423, and the degree to which the program 20.10 meets the needs of the geographic area. The council shall 20.11 provide to the advisory council its comments and recommendations 20.12 concerning eachprogramapplication reviewed and shall provide 20.13 the advisory council with its prioritization by rank ordering of 20.14 allprogramsapplications reviewed. 20.15 Sec. 7. Minnesota Statutes 1996, section 119A.15, 20.16 subdivision 2, is amended to read: 20.17 Subd. 2. [MATCHING AND OTHER REQUIREMENTS.] Trust fund 20.18 money shall only be distributed to applicants that demonstrate 20.19 an ability to match at least 40 percent of the amount of trust 20.20 fund money requested and whose proposals meet the other 20.21 criteria. The matching requirement may be met through in-kind 20.22 donations. In awarding grants, the commissioner shall consider 20.23 the extent to which the applicant has demonstrated a willingness 20.24 and ability to: 20.25 (1) continue the prevention program or service if trust 20.26 fund money is eliminated or reduced; and 20.27 (2) provide prevention program models and consultation to 20.28 other organizations and communities. 20.29 Sec. 8. Minnesota Statutes 1996, section 119A.15, 20.30 subdivision 5, is amended to read: 20.31 Subd. 5. [LOCAL COUNCIL AS RECIPIENT OF FUNDS.] The 20.32 commissioner may disburse funds to a local councilon the same20.33basis as to any other applicantfor community education 20.34 purposes, orasfor administrative costs in carrying out Laws 20.35 1986, chapter 423, if all criteria and standards are met.Funds20.36disbursed as administrative costs to a local council must not21.1exceed five percent of total funds disbursed to the area served21.2by the local council.21.3 Sec. 9. Minnesota Statutes 1996, section 119A.16, is 21.4 amended to read: 21.5 119A.16 [ACCEPTANCE OF FEDERAL FUNDS AND OTHER DONATIONS.] 21.6 The commissioner may accept federal money and gifts, 21.7 donations, and bequests for the purposes of Laws 1986, chapter 21.8 423. Money so received and proceeds from the sale of 21.9 promotional items, minus sales promotional costs, must be 21.10 deposited in the trust fund and must be made availableannually21.11 to the commissioner. 21.12 Sec. 10. Minnesota Statutes 1996, section 119A.31, 21.13 subdivision 1, is amended to read: 21.14 Subdivision 1. [PROGRAMS.] The commissioner shall, in 21.15 consultation with the chemical abuse and violence prevention 21.16 council, administer a grant program to fund community-based 21.17 programs that are designed to enhance the community's sense of 21.18 personal security and to assist the community in its crime 21.19 control and prevention efforts. Examples of qualifying programs 21.20 include, but are not limited to, the following: 21.21 (1) community-based programs designed to provide services 21.22 for children aged 8 to 13 who are juvenile offenders or who are 21.23 at risk of becoming juvenile offenders. The programs must give 21.24 priority to: 21.25 (i) juvenile restitution; 21.26 (ii) prearrest or pretrial diversion, including through 21.27 mediation; 21.28 (iii) probation innovation; 21.29 (iv) teen courts, community service; or 21.30 (v) post incarceration alternatives to assist youth in 21.31 returning to their communities; 21.32 (2) community-based programs designed to provide at-risk 21.33 children and youth aged 8 to 13 with after-school and summer 21.34 enrichment activities; 21.35 (3) community-based programs designed to discourage young 21.36 people from involvement in unlawful drug or street gang 22.1 activities such as neighborhood youth centers; 22.2 (4) neighborhood block clubs and innovative community-based 22.3 crime prevention programs; 22.4 (5) community- and school-based programs designed to enrich 22.5 the educational, cultural, or recreational opportunities of 22.6 at-risk children and youth, including programs designed to keep 22.7 at-risk youth from dropping out of school and encourage school 22.8 dropouts to return to school; 22.9 (6) community-based programs designed to intervene with 22.10 juvenile offenders who are identified as likely to engage in 22.11 repeated criminal activity in the future unless intervention is 22.12 undertaken; 22.13 (7) community-based collaboratives that coordinate multiple 22.14 programs and funding sources to address the needs of at-risk 22.15 children and youth, including, but not limited to, 22.16 collaboratives that address the continuum of services for 22.17 juvenile offenders and those who are at risk of becoming 22.18 juvenile offenders; 22.19 (8) programs that are proven successful at increasing the 22.20 rate of school success or the rate of post-secondary education 22.21 attendance for high-risk students; 22.22 (9) community-based programs that provide services to 22.23 homeless youth; 22.24 (10) programs designed to reduce truancy;and22.25 (11) other community- and school-based crime prevention 22.26 programs that are innovative and encourage substantial 22.27 involvement by members of the community served by the program; 22.28 (12) community-based programs that attempt to prevent and 22.29 ameliorate the effects of teenage prostitution; 22.30 (13) programs for mentoring at-risk youth, including youth 22.31 at risk of gang involvement; and 22.32 (14) programs operated by community violence prevention 22.33 councils. 22.34 Sec. 11. Minnesota Statutes 1996, section 121.11, is 22.35 amended by adding a subdivision to read: 22.36 Subd. 7e. [GENERAL EDUCATION DEVELOPMENT TESTS RULES.] The 23.1 state board may amend rules to reflect changes in the national 23.2 minimum standard score for passing the General Education 23.3 Development (GED) tests. 23.4 Sec. 12. Minnesota Statutes 1996, section 121.88, 23.5 subdivision 1, is amended to read: 23.6 Subdivision 1. [AUTHORIZATION.] Each school board may 23.7 initiate a community education program in its district and 23.8 provide for the general supervision of the program. Each board 23.9 may, as it considers appropriate, employ community education 23.10directors and coordinatorsstaff to further the purposes of the 23.11 community education program. 23.12 Sec. 13. Minnesota Statutes 1996, section 121.88, is 23.13 amended by adding a subdivision to read: 23.14 Subd. 2a. [COMMUNITY EDUCATION DIRECTOR.] (a) Except as 23.15 provided under paragraphs (b) and (c), each board shall employ a 23.16 licensed community education director. The board shall submit 23.17 the name of the person who is serving as director of community 23.18 education under this section on the district's annual community 23.19 education report to the commissioner. 23.20 (b) A board may apply to the commissioner under Minnesota 23.21 Rules, part 3512.3500, subpart 9, for authority to use an 23.22 individual who is not licensed as a community education director. 23.23 (c) A board of a district with a total population of 2,000 23.24 or less may identify an employee who holds a valid Minnesota 23.25 principal or superintendent license under Minnesota Rules, 23.26 chapter 3512, to serve as director of community education. To 23.27 be eligible for an exception under this paragraph, the board 23.28 shall certify in writing to the commissioner that the district 23.29 has not placed a licensed director of community education on 23.30 unrequested leave. 23.31 Sec. 14. Minnesota Statutes 1996, section 121.88, 23.32 subdivision 10, is amended to read: 23.33 Subd. 10. [EXTENDED DAY PROGRAMS.] (a) A school board may 23.34 offer, as part of a community education program, an extended day 23.35 program for children from kindergarten through grade 6 for the 23.36 purpose of expanding students' learning opportunities. A 24.1 program must include the following: 24.2 (1) adult supervised programs while school is not in 24.3 session; 24.4 (2) parental involvement in program design and direction; 24.5 (3) partnerships with the K-12 system, and other public, 24.6 private, or nonprofit entities; and 24.7 (4) opportunities for trained secondary school pupils to 24.8 work with younger children in a supervised setting as part of a 24.9 community service program. 24.10 (b) The district may charge a sliding fee based upon family 24.11 income for extended day programs. The district may receive 24.12 money from other public or private sources for the extended day 24.13 program. The school board of the district shall develop 24.14 standards for school age child care programs. Districts with 24.15 programs in operation before July 1, 1990, must adopt standards 24.16 before October 1, 1991. All other districts must adopt 24.17 standards within one year after the district first offers 24.18 services under a program authorized by this subdivision. The 24.19 state board of education may not adopt rules for extended day 24.20 programs. 24.21 (c) The district shall maintain a separate account within 24.22 the community services fund for all funds related to the 24.23 extended day program. 24.24 Sec. 15. Minnesota Statutes 1996, section 124.17, 24.25 subdivision 2e, is amended to read: 24.26 Subd. 2e. [AVERAGE DAILY MEMBERSHIP, PUPILS AGE 21 OR 24.27 OVER.] The average daily membership for pupils age 21 or over,24.28 is equal to the ratio of the number of yearly hours that the 24.29 pupil is in membership to the number of instructional hours in 24.30 the district's regular school year. A pupil enrolled in the 24.31 graduation incentives program under section 126.22, subdivision 24.32 2, paragraph (b), for more than the number of instructional 24.33 hours in the district's regular school year may be counted as 24.34 more than one pupil in average daily membership. 24.35 Sec. 16. Minnesota Statutes 1996, section 124.26, 24.36 subdivision 2, is amended to read: 25.1 Subd. 2. [ACCOUNTS; REVENUE; AID.] Each district, group of 25.2 districts, or private nonprofit organization providing adult 25.3 basic education programs shall establish and maintain accounts 25.4 separate from all other district accounts for the receipt and 25.5 disbursement of all funds related to these programs. All 25.6 revenue received pursuant to this section shall be utilized 25.7 solely for the purposes of adult basic education programs. In 25.8 no case shall federal and state aid plus levy equal more than 25.9 100 percent of the actual cost of providing these programs. 25.10 Sec. 17. Minnesota Statutes 1996, section 124.2601, 25.11 subdivision 3, is amended to read: 25.12 Subd. 3. [AIDREVENUE.] Adult basic educationaidrevenue 25.13 for each approved program equals 65 percent of the general 25.14 education formula allowance times the number of full-time 25.15 equivalent students in its adult basic education program. 25.16 Sec. 18. Minnesota Statutes 1996, section 124.2601, 25.17 subdivision 4, is amended to read: 25.18 Subd. 4. [LEVY.] To obtain adult basic education revenue, 25.19 a district with an eligible program may levy an amount not to 25.20 exceed the amount raised by .12 percent times the adjusted tax 25.21 capacity of the district for the preceding year. 25.22 Sec. 19. Minnesota Statutes 1996, section 124.2601, 25.23 subdivision 5, is amended to read: 25.24 Subd. 5. [REVENUEAID.] Adult basic educationrevenueaid 25.25 is equal to thesum ofdifference between an approved program's 25.26 adult basic educationaidrevenue and its adult basic education 25.27 levy. If the district does not levy the full amount permitted, 25.28 the adult education aid must be reduced in proportion to the 25.29 actual amount levied. 25.30 Sec. 20. Minnesota Statutes 1996, section 124.2601, 25.31 subdivision 6, is amended to read: 25.32 Subd. 6. [AID GUARANTEE.] (a) For fiscal year 1994, any 25.33 adult basic education program that receives less state aid under 25.34 subdivisions 3 and 7 than from the aid formula for fiscal year 25.35 1992 shall receive the amount of aid it received in fiscal year 25.36 1992. 26.1 (b) For 1995and later, 1996, and 1997 fiscal years, an 26.2 adult basic education program that receives aid shall receive at 26.3 least the amount of aid it received in fiscal year 1992 under 26.4 subdivisions 3 and 7, plus aid equal to the amount of revenue 26.5 that would have been raised for taxes payable in 1994 under 26.6 Minnesota Statutes 1992, section 124.2601, subdivision 4, minus 26.7 the amount raised under subdivision 4. 26.8 (c) For fiscal year 1998, any adult basic education program 26.9 that receives less state aid than in fiscal year 1997 shall 26.10 receive additional aid equal to 80 percent of the difference 26.11 between its 1997 aid and the amount of aid under subdivision 5. 26.12 For fiscal year 1999 and later, additional aid under this 26.13 paragraph must be reduced by 20 percent each year. 26.14 Sec. 21. Minnesota Statutes 1996, section 124.261, 26.15 subdivision 1, is amended to read: 26.16 Subdivision 1. [AID ELIGIBILITY.] For fiscalyearyears 26.1719961998 and later, adult high school graduation aid for 26.18 eligible pupils age 21 or over, equals 65 percent of the general 26.19 education formula allowance times 1.30 times the average daily 26.20 membership under section 124.17, subdivision 2e.For 1997 and26.21later fiscal years, adult high school graduation aid per26.22eligible pupil equals the amount established by the commissioner26.23of children, families, and learning, in consultation with the26.24commissioner of finance, based on the appropriation for this26.25program.Adult high school graduation aid must be paid in 26.26 addition to any other aid to the district. Pupils age 21 or 26.27 over may not be counted by the district for any purpose other 26.28 than adult high school graduation aid. 26.29 Sec. 22. Minnesota Statutes 1996, section 124.2713, 26.30 subdivision 6, is amended to read: 26.31 Subd. 6. [COMMUNITY EDUCATION LEVY.] To obtain community 26.32 education revenue, a district may levy the amount raised by a 26.33 tax rate of1.11.09 percent times the adjusted net tax capacity 26.34 of the district. If the amount of the community education levy 26.35 would exceed the community education revenue, the community 26.36 education levy shall be determined according to subdivision 6a. 27.1 Sec. 23. Minnesota Statutes 1996, section 124.2713, 27.2 subdivision 8, is amended to read: 27.3 Subd. 8. [USES OF GENERAL REVENUE.] (a) General community 27.4 education revenue may be used for: 27.5 (1) nonvocational, recreational, and leisure time 27.6 activities and programs; 27.7 (2) programs for adults with disabilities, if the programs 27.8 and budgets are approved by the department of children, 27.9 families, and learning; 27.10 (3) adult basic education programs, according to section 27.11 124.26; 27.12 (4) summer programs for elementary and secondary pupils; 27.13 (5) implementation of a youth development plan; 27.14 (6) implementation of a youth service program; 27.15 (7) early childhood family education programs, according to 27.16 section 121.882; and 27.17 (8) extended day programs, according to section 121.88, 27.18 subdivision 10. 27.19 (9) In addition to money from other sources, a district may 27.20 use up to ten percent of its community education revenue for 27.21 equipment that is used exclusively in community education 27.22 programs. This revenue may be used only for the following 27.23 purposes: 27.24 (i) to purchase or lease computers and related materials; 27.25 (ii) to purchase or lease equipment for instructional 27.26 programs; and 27.27 (iii) to purchase textbooks and library books. 27.28 (b) General community education revenue must not be used to 27.29 subsidize the direct activity costs for adult enrichment 27.30 programs. Direct activity costs include, but are not limited 27.31 to, the cost of the activity leader or instructor, cost of 27.32 materials, or transportation costs. 27.33 Sec. 24. Minnesota Statutes 1996, section 124.2716, 27.34 subdivision 3, is amended to read: 27.35 Subd. 3. [EXTENDED DAY LEVY.] To obtain extended day 27.36 revenue, a school district may levy an amount equal to the 28.1 district's extended day revenue as defined in subdivision 2 28.2 multiplied by the lesser of one, or the ratio of the quotient 28.3 derived by dividing the adjusted net tax capacity of the 28.4 district for the year before the year the levy is certified by 28.5 the actual pupil units in the district for the school year to 28.6 which the levy is attributable, to$3,700$3,767. 28.7 Sec. 25. Minnesota Statutes 1996, section 268.53, 28.8 subdivision 5, is amended to read: 28.9 Subd. 5. [FUNCTIONS; POWERS.] A community action agency 28.10 shall: 28.11 (a) Plan systematically for an effective community action 28.12 program; develop information as to the problems and causes of 28.13 poverty in the community; determine how much and how effectively 28.14 assistance is being provided to deal with those problems and 28.15 causes; and establish priorities among projects, activities and 28.16 areas as needed for the best and most efficient use of 28.17 resources; 28.18 (b) Encourage agencies engaged in activities related to the 28.19 community action program to plan for, secure, and administer 28.20 assistance available under section 268.52 or from other sources 28.21 on a common or cooperative basis; provide planning or technical 28.22 assistance to those agencies; and generally, in cooperation with 28.23 community agencies and officials, undertake actions to improve 28.24 existing efforts to reduce poverty, such as improving day-to-day 28.25 communications, closing service gaps, focusing resources on the 28.26 most needy, and providing additional opportunities to low-income 28.27 individuals for regular employment or participation in the 28.28 programs or activities for which those community agencies and 28.29 officials are responsible; 28.30 (c) Initiate and sponsor projects responsive to needs of 28.31 the poor which are not otherwise being met, with particular 28.32 emphasis on providing central or common services that can be 28.33 drawn upon by a variety of related programs, developing new 28.34 approaches or new types of services that can be incorporated 28.35 into other programs, and filling gaps pending the expansion or 28.36 modification of those programs; 29.1 (d) Establish effective procedures by which the poor and 29.2 area residents concerned will be enabled to influence the 29.3 character of programs affecting their interests, provide for 29.4 their regular participation in the implementation of those 29.5 programs, and provide technical and other support needed to 29.6 enable the poor and neighborhood groups to secure on their own 29.7 behalf available assistance from public and private sources; 29.8 (e) Join with and encourage business, labor and other 29.9 private groups and organizations to undertake, together with 29.10 public officials and agencies, activities in support of the 29.11 community action program which will result in the additional use 29.12 of private resources and capabilities, with a view to developing 29.13 new employment opportunities, stimulating investment that will 29.14 have a measurable impact on reducing poverty among residents of 29.15 areas of concentrated poverty, and providing methods by which 29.16 residents of those areas can work with private groups, firms, 29.17 and institutions in seeking solutions to problems of common 29.18 concern. 29.19 Community action agencies, the Minnesota migrant council, 29.20 and the Indian reservations, may enter into cooperative 29.21 purchasing agreements and self-insurance programs with local 29.22 units of government. Nothing in this section expands or limits 29.23 the current private or public nature of a local community action 29.24 agency. 29.25 (f) Adopt policies that require the agencies to refer area 29.26 residents and community action program constituents to education 29.27 programs that increase literacy, improve parenting skills, and 29.28 address the needs of children from families in poverty. These 29.29 programs include, but are not limited to, early childhood family 29.30 education programs, adult basic education programs, and other 29.31 life-long learning opportunities. The agencies and agency 29.32 programs, including Head Start, shall collaborate with child 29.33 care and other early childhood education programs to ensure 29.34 smooth transitions to work for parents. 29.35 Sec. 26. Minnesota Statutes 1996, section 517.08, 29.36 subdivision 1c, is amended to read: 30.1 Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage 30.2 license fee collected pursuant to subdivision 1b, the court 30.3 administrator shall pay $55 to the state treasurer to be 30.4 deposited as follows: 30.5 (1) $50 in the general fund; 30.6 (2) $3 in the special revenue fund to be appropriated to 30.7 the commissioner ofhuman serviceschildren, families, and 30.8 learning for supervised visitation facilities under section 30.9 256F.09; and 30.10 (3) $2 in the special revenue fund to be appropriated to 30.11 the commissioner of health for developing and implementing the 30.12 MN ENABL program under section 145.9255. 30.13 Sec. 27. Laws 1996, chapter 463, section 4, subdivision 2, 30.14 as amended by Laws 1997, chapter 3, section 1, is amended to 30.15 read: 30.16 Subd. 2. Youth Initiative Grants 16,000,000 30.17 For grants to local government units to 30.18 design, furnish, equip, acquire, 30.19 demolish, repair, replace, or construct 30.20 parksand, recreation buildings and 30.21 school buildings to provide youth, with 30.22 preference for youth in grades four 30.23 through eight, with regular enrichment 30.24 activities during nonschool hours, 30.25 including after school, evenings, 30.26 weekends, and school vacation periods, 30.27 and that will provide equal access and 30.28 programming for girls. The buildings 30.29 may be leased to nonprofit community 30.30 organizations, subject to Minnesota 30.31 Statutes, section 16A.695, for the same 30.32 purposes. Enrichment programs include 30.33 academic enrichment, homework 30.34 assistance, computer and technology 30.35 use, arts and cultural activities, 30.36 clubs, school-to-work and work force 30.37 development, athletic, and recreational 30.38 activities. Grants must be used to 30.39 expand the number of children 30.40 participating in enrichment programs or 30.41 improve the quality or range of program 30.42 offerings. The facilities must be 30.43 fully available for programming 30.44 sponsored by youth-serving nonprofit 30.45 and community groups, or school, 30.46 county, or city programs, for maximum 30.47 hours after school, evenings, weekends, 30.48 summers, and other school vacation 30.49 periods. Priority must be given to 30.50 proposals that demonstrate 30.51 collaboration among private, nonprofit, 30.52 and public agencies, including regional 30.53 entities dealing with at-risk youth, 30.54 and community and parent organizations 30.55 in arranging for programming, staffing, 31.1 transportation, and equipment. All 31.2 proposals must include an inventory of 31.3 existing facilities and an assessment 31.4 of programming needs in the community. 31.5 (a) Enrichment grants within the 31.6 city of Minneapolis 5,000,000 31.7 Of this amount, at least $2,500,000 31.8 must be used in the neighborhoods of 31.9 the Near North, Hawthorne, Sumner- 31.10 Glenwood-Harrison, Powderhorn, Central, 31.11 Whittier, and Phillips. 31.12 (b) Enrichment grants within the 31.13 city of St. Paul 5,000,000 31.14 Of this amount, at least $2,500,000 31.15 must be used in the neighborhoods of 31.16 Summit-University, Thomas-Dale, North 31.17 End, Payne-Phalen, Daytons Bluff, and 31.18 the West Side. 31.19 The remaining $2,500,000 is available 31.20 citywide, with priority for some of the 31.21 remaining amount given to proposals by 31.22 public/private partnerships currently 31.23 offering after-school enrichment 31.24 programs in low-income areas in 31.25 conjunction with a neighborhood-based 31.26 organization. Up to $100,000 of the 31.27 remaining $2,500,000 may be used to 31.28 develop urban sports facilities for 31.29 at-risk inner city youth, including 31.30 those older than eighth grade. 31.31 (c) Enrichment grants outside 31.32 of the cities of Minneapolis 31.33 and St. Paul 6,000,000 31.34 Priority must be given to school 31.35 attendance areas with high 31.36 concentrations of children eligible for 31.37 free or reduced school lunch and to 31.38 government units demonstrating a 31.39 commitment to collaborative youth 31.40 efforts. 31.41 $500,000 is to the city of Bloomington 31.42 for after school enrichment activities 31.43 in the northeast Bloomington study area. 31.44 The commissioner of children, families, 31.45 and learning must make a grant of at 31.46 least $1,000,000 to a school district 31.47 that is a part of a collaborative 31.48 effort that has at least two other 31.49 school districts, is multicultural and 31.50 multijurisdictional, and has previously 31.51 received a facility planning grant for 31.52 collaborative purposes. 31.53 (d) Each grant must be matched by $1 31.54 from local sources for each $2 of state 31.55 money. In-kind contributions of 31.56 facilities may be used for the local 31.57 match. The value of in-kind 31.58 contributions must be determined by the 31.59 commissioner of finance. 31.60 (e) Preference must be given to 32.1 projects for which at least ten percent 32.2 of the youth initiative grant is 32.3 expended using youthbuild under 32.4 Minnesota Statutes, sections 268.361 to 32.5 268.367, or other youth employment and 32.6 training programs, for the labor 32.7 portion of the construction. Eligible 32.8 programs must consult with appropriate 32.9 labor organizations to deliver 32.10 education and training. 32.11 Sec. 28. [MINNESOTA ADOLESCENT PARENTING GRANT PROGRAM.] 32.12 Subdivision 1. [ESTABLISHMENT.] A grant program is 32.13 established to provide school-based, comprehensive, 32.14 community-linked programs for ensuring the long-term 32.15 self-sufficiency of adolescent families and the development and 32.16 school readiness of their children. 32.17 Subd. 2. [DEFINITION.] For purposes of this section, 32.18 "pregnancy prevention" means preventing pregnancies from 32.19 occurring and does not include abortion services. 32.20 Subd. 3. [GOALS.] The goals of the adolescent parenting 32.21 grant programs are to: 32.22 (1) assist pregnant and parenting adolescents to make 32.23 significant gains in school attendance, attainment of state 32.24 graduation standards, and acquisition of school-to-career 32.25 skills; 32.26 (2) prevent child abuse and neglect by improving the 32.27 parenting and communication skills of pregnant and parenting 32.28 adolescents; 32.29 (3) reduce long-term welfare dependency among adolescent 32.30 parents; and 32.31 (4) improve the outcomes for adolescent parents and their 32.32 children in the number of healthy births; pregnancy prevention; 32.33 cognitive, social, linguistic, and emotional development; 32.34 immunization rates; access to primary health care; and school 32.35 readiness. 32.36 Subd. 4. [ELIGIBLE STUDENTS.] The following students are 32.37 eligible for support services under the adolescent parenting 32.38 grant program: 32.39 (1) a student enrolled in a school district with an 32.40 approved adolescent parenting program who is age 21 or younger 33.1 and who is an expectant parent, custodial parent, or 33.2 noncustodial parent; and 33.3 (2) a child of a student covered by clause (1) who is under 33.4 the age of five and is not yet enrolled in kindergarten. 33.5 Subd. 5. [GRANT APPLICATION.] A school district, group of 33.6 school districts, alternative learning programs approved by the 33.7 commissioner, or family service collaboratives may apply for an 33.8 adolescent parenting program grant to the commissioner of 33.9 children, families, and learning. The application must include 33.10 a detailed description of the program, including a description 33.11 of the population to be served by the program, a description of 33.12 the community agency or agencies collaborating with the site to 33.13 provide support services, an explanation of how each of the 33.14 program components will contribute to achieving program 33.15 outcomes, the number of pupils to be served by the pilot 33.16 program, a detailed budget that demonstrates the capacity to 33.17 achieve the program's goals, and a comprehensive evaluation plan 33.18 for measuring progress toward achieving the program's goals. 33.19 Subd. 6. [PROGRAM COMPONENTS.] An adolescent parenting 33.20 program must include: 33.21 (1) a high quality educational program provided in the 33.22 least restrictive environment that includes strategies to ensure 33.23 access to educational services, including flexible attendance 33.24 policies and class scheduling, and grants academic credit for 33.25 all work completed; 33.26 (2) to the extent possible, collaboration with other 33.27 governmental agencies and community-based organizations to 33.28 provide on-site support services, including child care; 33.29 (3) an individualized learning plan for each eligible 33.30 student that includes career goals; 33.31 (4) assurance of compliance with requirements of Public Law 33.32 Number 92-318, title IX, prohibiting discrimination against 33.33 students due to their pregnant or parenting status; 33.34 (5) courses in parent education and life skills; 33.35 (6) accountability measures for student performance linked 33.36 to graduation standards; 34.1 (7) professional development opportunities on adolescent 34.2 pregnancy and parenting issues and strategies to achieve 34.3 academic success with this student population; 34.4 (8) a system to document that adolescent parenting and 34.5 prevention support funds were used to provide support services 34.6 to eligible students; 34.7 (9) a comprehensive assessment of the district's adolescent 34.8 pregnancy prevention programs and recommendations for 34.9 improvements; 34.10 (10) a system for collecting and reporting specific student 34.11 data, including goals and outcome measurements; and 34.12 (11) a program advisory council, which may consist of an 34.13 existing local council. 34.14 Subd. 7. [PROGRAM EVALUATION AND TESTIMONY.] The 34.15 commissioner of children, families, and learning shall conduct 34.16 an evaluation of the adolescent parenting program after one year 34.17 of implementation. The commissioner shall evaluate the 34.18 program's impact on school attendance, academic achievement, 34.19 graduation rates, parenting skills, health, and other outcomes 34.20 that may be identified by the commissioner. The commissioner 34.21 shall provide testimony on the evaluation results to the 34.22 children, families, and learning committees of the legislature 34.23 by January 15, 1999. 34.24 Sec. 29. [CITIZENSHIP PROMOTION PROGRAM.] 34.25 Subdivision 1. [ESTABLISHMENT.] A statewide citizenship 34.26 promotion program is established to assist legal immigrants 34.27 eligible to apply for United States citizenship. The program 34.28 must consist of workshops designed to assist with citizenship 34.29 application procedures, citizenship and English for citizenship 34.30 classes, video citizenship instruction, and public education and 34.31 information. 34.32 Subd. 2. [GRANTS APPLICATION.] The commissioner of 34.33 children, families, and learning shall award grants to public or 34.34 nonprofit organizations to operate the citizenship promotion 34.35 program. Grants targeted for ethnic and geographic groups of 34.36 immigrants must be approximately proportional to the number of 35.1 immigrants eligible to apply for naturalization in the group and 35.2 the level of program activities necessary to assist a particular 35.3 group to attain citizenship. The organizations may include 35.4 community-based ethnic or religious groups, school districts, 35.5 post-secondary institutions, community action agencies, family 35.6 service collaboratives, workforce development centers, and 35.7 advocacy groups. 35.8 (a) To be eligible to receive a grant, an organization must: 35.9 (1) have documented experience in programs specifically 35.10 designed for immigrant and refugee populations; 35.11 (2) provide access to legal counseling; 35.12 (3) provide bilingual teaching for preliterate, vulnerable 35.13 populations and for those eligible for waiver of the English 35.14 requirements; 35.15 (4) have facilities accessible to physically handicapped 35.16 learners; 35.17 (5) ensure that no more than five percent of grant funds 35.18 will be used for administration; and 35.19 (6) have a system for fiscal accounting and reporting. 35.20 (b) Grant applications must include: 35.21 (1) demonstrated organizational experience in English or 35.22 citizenship instruction; 35.23 (2) population target goals for attaining citizenship; 35.24 (3) proposed class sizes and schedules; 35.25 (4) outreach and recruitment plans; and 35.26 (5) staff expertise description and training plans. 35.27 (c) Grants to operate application procedure workshops and 35.28 to expand citizenship and English for citizenship classes must 35.29 be awarded by September 15, 1997, with initial funding to target 35.30 services to legal immigrants who have lost eligibility for 35.31 federal SSI and Food Stamp programs. 35.32 Subd. 3. [PROGRAM COMPONENTS.] The citizenship promotion 35.33 program must include: 35.34 (1) a public education program that prepares and 35.35 distributes information about citizenship eligibility 35.36 requirements, application procedures, test requirements, and 36.1 opportunities for assistance; 36.2 (2) workshops to assist applicants for naturalization with 36.3 the application process. Applications must be screened for 36.4 completeness and legal advice must be available to applicants 36.5 before applications are submitted to the United States 36.6 Immigration and Naturalization Service. Participants in 36.7 workshops must be screened for English proficiency and, upon 36.8 request, enrolled in appropriate classes to prepare for the 36.9 examination; 36.10 (3) support for existing classes for citizenship and 36.11 English for citizenship and identification of new providers in 36.12 underserved areas of the state. Classes must be supported and 36.13 offered in native languages for those able to take the 36.14 citizenship test in their native language. Within the limits of 36.15 available funding, transportation, child care, and interpreter 36.16 services must be provided; and 36.17 (4) a video instruction series to provide citizenship 36.18 education throughout the state. 36.19 Subd. 4. [ADVISORY TASK FORCE.] The commissioner may 36.20 create an advisory task force under section 15.014 to advise the 36.21 commissioner on the citizenship promotion program. Members of 36.22 the advisory task force must not participate in grant 36.23 discussions in which they have a proposal for funding. 36.24 Subd. 5. [TESTIMONY.] The commissioner shall present 36.25 testimony by February 1, 1998, to the family and early childhood 36.26 education budget division in the senate and the family and early 36.27 childhood education finance division in the house of 36.28 representatives that summarizes the program activities, 36.29 outcomes, and recommendations regarding the need for 36.30 continuation. 36.31 Sec. 30. [COOPERATIVE ENGLISH AS A SECOND LANGUAGE AND 36.32 ADULT BASIC EDUCATION PROGRAMS.] 36.33 Subdivision 1. [NONPROFIT, COMMUNITY-BASED ORGANIZATIONS.] 36.34 Any school district, or adult basic education consortium that 36.35 receives revenue under Minnesota Statutes, section 124.2601, 36.36 must collaborate with community-based organizations and 37.1 nonprofit organizations within its district or region that have 37.2 demonstrated the capacity to deliver English as a second 37.3 language or citizenship programming. The district or consortium 37.4 must consider an organization to have demonstrated the capacity 37.5 to deliver programming if the organization has past experience 37.6 or meets the criteria in subdivision 2. No more than eight 37.7 percent of the total funds provided by a school district or an 37.8 adult basic education consortium to a nonprofit or 37.9 community-based organization under this section, may be used for 37.10 the administrative costs of providing English as a second 37.11 language, adult basic education, or citizenship programs. 37.12 Subd. 2. [ELIGIBILITY CRITERIA.] A community-based 37.13 organization or nonprofit organization without past experience 37.14 providing adult basic education services under Minnesota 37.15 Statutes, section 124.2601, must demonstrate that it has met the 37.16 following criteria: 37.17 (1) be legally established as a nonprofit organization; 37.18 (2) have facilities that are accessible to all learners; 37.19 (3) have an established system for fiscal accounting and 37.20 reporting that is consistent with the department of children, 37.21 families, and learning's ABE completion report; 37.22 (4) employ a licensed teacher; and 37.23 (5) require all instructional staff to complete the 37.24 Minnesota Literacy Council's 12-hour training session. 37.25 Sec. 31. [APPROPRIATIONS.] 37.26 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 37.27 LEARNING.] The sums indicated in this section are appropriated 37.28 from the general fund to the department of children, families, 37.29 and learning for the fiscal years designated. 37.30 Subd. 2. [FAMILY COLLABORATIVES.] For family 37.31 collaboratives according to Laws 1995, First Special Session 37.32 chapter 3, article 4, section 29, subdivision 10: 37.33 $7,500,000 ..... 1998 37.34 $7,000,000 ..... 1999 37.35 Of the appropriation, $150,000 each year is for grants 37.36 targeted to assist in providing collaborative children's library 38.1 service programs. To be eligible, a family collaborative grant 38.2 recipient must collaborate with at least one public library and 38.3 one children's or family organization. The public library must 38.4 involve the regional public library system and multitype library 38.5 system to which it belongs in the planning and provide for an 38.6 evaluation of the program. 38.7 Of the amount for the family services collaborative in St. 38.8 Paul, $50,000 may be used for a grant for neighborhood-based 38.9 services under section 2. 38.10 No more than 2.5 percent of the appropriation is available 38.11 to the state to administer and evaluate the grant program. 38.12 Any balance in the first year does not cancel but is 38.13 available in the second year. 38.14 Subd. 3. [COMMUNITY EDUCATION AID.] For community 38.15 education aid according to Minnesota Statutes, section 124.2713: 38.16 $1,828,000 ..... 1998 38.17 $1,619,000 ..... 1999 38.18 The 1998 appropriation includes $236,000 for 1997 and 38.19 $1,592,000 for 1998. 38.20 The 1999 appropriation includes $175,000 for 1998 and 38.21 $1,444,000 for 1999. 38.22 Any balance the first year does not cancel but is available 38.23 in the second year. 38.24 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 38.25 adults with disabilities programs according to Minnesota 38.26 Statutes, section 124.2715: 38.27 $710,000 ..... 1998 38.28 $710,000 ..... 1999 38.29 Any balance in the first year does not cancel but is 38.30 available in the second year. 38.31 Of this amount, $40,000 each year may be used for pilot 38.32 programs in regions of the state that don't currently have 38.33 programs for adults with disabilities. These programs may not 38.34 levy for fiscal year 1999 or later. This is a one-time 38.35 appropriation and is not added to the base. 38.36 Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for 39.1 hearing-impaired adults according to Minnesota Statutes, section 39.2 121.201: 39.3 $70,000 ..... 1998 39.4 $70,000 ..... 1999 39.5 Any balance in the first year does not cancel but is 39.6 available in the second year. 39.7 Subd. 6. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 39.8 violence prevention education grants according to Minnesota 39.9 Statutes, section 126.78: 39.10 $1,500,000 ..... 1998 39.11 $1,500,000 ..... 1999 39.12 Of the amount each year, $50,000 is for program 39.13 administration. 39.14 Any balance in the first year does not cancel but is 39.15 available in the second year. 39.16 Subd. 7. [MALE RESPONSIBILITY.] For male responsibility 39.17 grants: 39.18 $250,000 ..... 1998 39.19 $250,000 ..... 1999 39.20 The commissioner of children, families, and learning may 39.21 enter into cooperative agreements with the commissioner of human 39.22 services to access federal money for child support and paternity 39.23 education programs. 39.24 Any balance in the first year does not cancel but is 39.25 available in the second year. 39.26 Subd. 8. [ABUSED CHILDREN.] For abused children programs 39.27 according to Minnesota Statutes, section 119A.21: 39.28 $1,048,000 ..... 1998 39.29 $1,079,000 ..... 1999 39.30 Any balance in the first year does not cancel but is 39.31 available in the second year. 39.32 Subd. 9. [DRUG POLICY AND VIOLENCE PREVENTION PROGRAMS.] 39.33 For drug policy, violence prevention, and family visitation 39.34 programs: 39.35 $3,000,000 ..... 1998 39.36 $3,000,000 ..... 1999 40.1 Any balance in the first year does not cancel but is 40.2 available in the second year. 40.3 Up to $400,000 each year is for grants for mentoring 40.4 at-risk youth. Of the fiscal year 1998 appropriation, up to 40.5 $138,000 and of the fiscal year 1999 appropriation up to 40.6 $100,000 is for grants under Laws 1995, chapter 226, article 3, 40.7 section 62. 40.8 Up to $75,000 each year is for grants to community-based 40.9 violence prevention councils. 40.10 Subd. 10. [CHILDREN'S TRUST FUND.] For children's trust 40.11 fund according to Minnesota Statutes, sections 119A.12 and 40.12 119A.13: 40.13 $247,000 ..... 1998 40.14 $247,000 ..... 1999 40.15 Any balance in the first year does not cancel but is 40.16 available in the second year. 40.17 Subd. 11. [AFTER SCHOOL ENRICHMENT GRANTS.] For after 40.18 school enrichment grants according to Laws 1996, chapter 412, 40.19 article 4, section 30: 40.20 $4,907,000 ..... 1998 40.21 $4,907,000 ..... 1999 40.22 The commissioner may use up to three percent of this 40.23 appropriation to provide technical assistance to community 40.24 organizations. 40.25 Any balance in the first year does not cancel but is 40.26 available in the second year. 40.27 For fiscal year 1998, the commissioner may award grantees 40.28 one additional year of funding up to the grant award in fiscal 40.29 year 1997. For fiscal year 1999 and beyond, the appropriation 40.30 must be used to award grants on a competitive basis. 40.31 Subd. 12. [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with 40.32 funds received under Minnesota Statutes, section 171.29, 40.33 subdivision 2, paragraph (b), clause (4): 40.34 $200,000 ..... 1998 40.35 $200,000 ..... 1999 40.36 (b) These appropriations are from the alcohol-impaired 41.1 driver account of the special revenue fund to the department of 41.2 children, families, and learning for chemical abuse prevention 41.3 grants. 41.4 (c) Up to $200,000 each year may be used for chemical abuse 41.5 prevention grants to provide a match for at least two community 41.6 collaborative projects for children and youth developed by a 41.7 regional organization established under Minnesota Statutes. 41.8 The regional organization must include a broad 41.9 cross-section of public and private sector community 41.10 representatives to address specific community needs of children 41.11 and youth. A regional organization that receives a grant must 41.12 provide a two-to-one match of nonstate dollars. 41.13 Subd. 13. [EXTENDED DAY AID.] For extended day aid 41.14 according to Minnesota Statutes, section 124.2716: 41.15 $347,000 ..... 1998 41.16 $304,000 ..... 1999 41.17 The 1998 appropriation includes $37,000 for 1997 and 41.18 $310,000 for 1998. 41.19 The 1999 appropriation includes $34,000 for 1998 and 41.20 $270,000 for 1999. 41.21 Any balance in the first year does not cancel but is 41.22 available in the second year. 41.23 Subd. 14. [ADOLESCENT PARENTING GRANTS.] For adolescent 41.24 parenting grants under section 28: 41.25 $800,000 ..... 1998 41.26 Any balance the first year does not cancel but is available 41.27 in the second year. This money is available for fiscal years 41.28 1998 and 1999. 41.29 The commissioner shall make grants under this section to 41.30 two metropolitan area school districts and two nonmetropolitan 41.31 adolescent parenting programs. 41.32 Where applicable, the department shall assure the 41.33 coordination of male responsibility grants, the Minnesota 41.34 adolescent parenting program, ENABL, and any federal resources 41.35 available to serve pregnant or parenting adolescents or programs 41.36 for the prevention of pregnancy. Pregnancy prevention means to 42.1 prevent pregnancies from occurring, and does not include 42.2 abortion referral or services. 42.3 This appropriation is available for fiscal years 1998 and 42.4 1999 only. Up to 2.5 percent of the appropriation is available 42.5 for administrative costs. 42.6 Subd. 15. [LEAD HAZARD REDUCTION.] For the lead hazard 42.7 reduction program in Minnesota Statutes, section 268.92: 42.8 $200,000 ..... 1998 42.9 The appropriation is available for the biennium ending June 42.10 30, 1999. 42.11 Of this amount, 25 percent is for a grant to the city of St. 42.12 Louis Park to conduct lead testing and cleanup in the 42.13 residential neighborhoods contaminated by an industrial lead 42.14 site. The remaining amount is for a nonprofit organization that 42.15 is currently operating the CLEARCorps lead hazard reduction 42.16 project and is willing to expand its geographic service area. 42.17 Subd. 16. [CITIZENSHIP PROMOTION PROGRAM.] For the 42.18 citizenship promotion program under section 29: 42.19 $1,000,000 ..... 1998 42.20 Of this appropriation, up to 2.5 percent each year may be 42.21 used for administrative costs. Any balance in the first year 42.22 does not cancel but is available the second year. 42.23 Subd. 17. [CHILD GUIDE PREVENTION PROGRAM.] For the 42.24 southwest and west central service cooperative to operate the 42.25 Willmar child guide prevention program for children in 42.26 kindergarten through grade 8 in independent school district No. 42.27 347, Willmar: 42.28 $250,000 ..... 1998 42.29 Any balance in the first year does not cancel but is 42.30 available in the second year. 42.31 Subd. 18. [ADULT BASIC EDUCATION AID.] For adult basic 42.32 education aid according to Minnesota Statutes, section 124.26 in 42.33 fiscal year 1998 and Minnesota Statutes, section 124.2601 in 42.34 fiscal year 1999: 42.35 $12,474,000 ..... 1998 42.36 $12,473,000 ..... 1999 43.1 The 1998 appropriation includes $837,000 for 1997 and 43.2 $11,637,000 for 1998. 43.3 The 1999 appropriation includes $1,293,000 for 1998 and 43.4 $11,180,000 for 1999. 43.5 $75,000 each year is for the adult basic education 43.6 technology project to design, implement, and evaluate the use of 43.7 online technology applications for adult learners. A working 43.8 group representing adult basic education programs with 43.9 demonstrated skills in technology applications must work 43.10 collaboratively on the technology project. The project must 43.11 include an electronic curriculum that is consistent with the 43.12 Minnesota graduation standards. The project must also identify 43.13 and implement methods to transfer the curriculum and online 43.14 methods to adult basic education providers and provide effective 43.15 staff development. Any balance in the first year does not 43.16 cancel but is available in the second year. This is a one-time 43.17 appropriation and is not to be added to the base. 43.18 $75,000 each year is for a grant to a public television 43.19 station that serves rural areas of Minnesota to provide GED 43.20 programming to aid immigrants and others who lack a high school 43.21 diploma to obtain a GED in order to continue their education. 43.22 Any balance in the first year does not cancel but is available 43.23 in the second year. This is a one-time appropriation and is not 43.24 to be added to the base. 43.25 Subd. 19. [ADULT GRADUATION AID.] For adult graduation aid 43.26 according to Minnesota Statutes, section 124.261: 43.27 $2,550,000 ..... 1998 43.28 $2,550,000 ..... 1999 43.29 The 1998 appropriation includes $224,000 for 1997 and 43.30 $2,326,000 for 1998. 43.31 The 1999 appropriation includes $258,000 for 1998 and 43.32 $2,292,000 for 1999. 43.33 Subd. 20. [GED TESTS.] For payment of 60 percent of the 43.34 costs of GED tests according to Laws 1993, chapter 224, article 43.35 4, section 44, subdivision 10: 43.36 $125,000 ..... 1998 44.1 $125,000 ..... 1999 44.2 Any balance in the first year does not cancel but is 44.3 available in the second year. 44.4 Sec. 32. [REPEALER.] 44.5 Section 29 is repealed June 30, 1999. 44.6 ARTICLE 3 44.7 SELF-SUFFICIENCY PROGRAMS 44.8 Section 1. Minnesota Statutes 1996, section 119A.01, 44.9 subdivision 3, is amended to read: 44.10 Subd. 3. [PURPOSE.] The purpose in creating the department 44.11 is to increase the capacity of Minnesota communities to 44.12 measurably improve the well-being of children and families by: 44.13 (1) coordinating and integrating state funded and locally 44.14 administered family and children programs; 44.15 (2) improving flexibility in the design, funding, and 44.16 delivery of programs affecting children and families; 44.17 (3) providing greater focus on strategies designed to 44.18 prevent problems affecting the well-being of children and 44.19 families; 44.20 (4) enhancing local decision making, collaboration, and the 44.21 development of new governance models; 44.22 (5) improving public accountability through the provision 44.23 of research, information, and the development of measurable 44.24 program outcomes; 44.25 (6) increasing the capacity of communities to respond to 44.26 the whole child by improving the ability of families to gain 44.27 access to services; 44.28 (7) encouraging all members of a community to nurture all 44.29 the children in the community;and44.30 (8) supporting parents in their dual roles as breadwinners 44.31 and parents; and 44.32 (9) reducing the condition of poverty for families and 44.33 children through comprehensive, community-based strategies. 44.34 Sec. 2. Minnesota Statutes 1996, section 119A.04, 44.35 subdivision 6, is amended to read: 44.36 Subd. 6. [FUNDING FOR TRANSFERRED PROGRAMS.] State 45.1 appropriations for programs transferred under this section may 45.2 not be used to replace appropriations for K-12 programs. State 45.3 and federal appropriations for programs under subdivision 5a, 45.4 transferred from the department of economic security, may not be 45.5 used to replace, supplement, or supplant federal or state 45.6 appropriations for any other program in the department. 45.7 Sec. 3. Minnesota Statutes 1996, section 119A.04, is 45.8 amended by adding a subdivision to read: 45.9 Subd. 7. [GRANTEES OF TRANSFERRED PROGRAMS.] Except as 45.10 provided in Minnesota Rules, chapter 3350, the commissioner 45.11 shall not reduce the number of organizations or eliminate 45.12 specific types of organizations that are eligible to directly 45.13 apply for grants made by programs transferred from the 45.14 department of economic security after January 1, 1997. 45.15 Sec. 4. Minnesota Statutes 1996, section 119A.15, is 45.16 amended by adding a subdivision to read: 45.17 Subd. 5a. [EXCLUDED PROGRAMS.] Programs transferred to the 45.18 department of children, families, and learning from the 45.19 department of economic security may not be included in the 45.20 consolidated funding account and are ineligible for local 45.21 consolidation. The commissioner may not apply for federal 45.22 waivers to include these programs in funding consolidation 45.23 initiatives. The programs include the following: 45.24 (1) programs for the homeless under sections 268.365, 45.25 268.38, and 268.39; 45.26 (2) emergency energy assistance and energy conservation 45.27 programs under sections 4.071 and 268.371; 45.28 (3) weatherization programs under section 268.37; 45.29 (4) foodshelf programs under section 268.55 and the 45.30 emergency food assistance program; and 45.31 (5) lead abatement programs under section 268.92. 45.32 Sec. 5. [WORKER PARTICIPATION COMMITTEES.] 45.33 Notwithstanding Minnesota Statutes, section 15.059, 45.34 subdivision 6, the worker participation committees established 45.35 under Laws 1995, First Special Session chapter 3, article 16, 45.36 section 10, subdivision 3, do not expire until June 30, 1999. 46.1 Sec. 6. [LOW-INCOME ENERGY ASSISTANCE; REPORT OF 46.2 FINDINGS.] 46.3 The commissioner who administers the low-income energy 46.4 assistance program shall identify potential revenue sources for 46.5 the low-income energy assistance program. This must be done, to 46.6 the extent possible, in cooperation with the commissioner of 46.7 revenue, the commissioner of public service, the public 46.8 utilities commission, members representing the industry 46.9 including the delivered fuel industry, rural electric 46.10 cooperatives, regulated utilities, municipal utilities, and 46.11 representatives of low-income energy advocates and other 46.12 consumer advocates. By January 31, 1998, the commissioner shall 46.13 make recommendations to the appropriate legislative committees 46.14 on potential sources of revenue to provide assistance to 46.15 low-income energy consumers including, but not limited to: 46.16 (1) a surcharge on summer delivered fuel fills; 46.17 (2) all fuels charge; 46.18 (3) margin over rack programs; 46.19 (4) revenue-based and Btu-based wires charges; and 46.20 (5) general revenue funds. 46.21 Sec. 7. [EMERGENCY SERVICES GRANTS.] 46.22 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 46.23 subdivision apply to this section. 46.24 (b) "Commissioner" means the commissioner of children, 46.25 families, and learning. 46.26 (c) "Eligible organization" means a local governmental unit 46.27 or nonprofit organization providing or seeking to provide 46.28 emergency services for homeless persons. 46.29 (d) "Emergency services" means: 46.30 (1) providing emergency shelter for homeless persons; and 46.31 (2) assisting homeless persons in obtaining essential 46.32 services, including: 46.33 (i) access to permanent housing; 46.34 (ii) medical and psychological help; 46.35 (iii) employment counseling and job placement; 46.36 (iv) substance abuse treatment; 47.1 (v) financial assistance available from other programs; 47.2 (vi) emergency child care; 47.3 (vii) transportation; and 47.4 (viii) other services needed to stabilize housing. 47.5 Subd. 2. [PROGRAM ESTABLISHED; PURPOSE.] An emergency 47.6 services grant program is established to provide homeless 47.7 persons essential services and emergency shelter in safe, 47.8 sanitary, and decent facilities. The grant program is to help 47.9 eligible organizations improve the quality of existing shelters, 47.10 make available other emergency housing, meet the operating and 47.11 maintenance costs of shelters, and provide essential services to 47.12 homeless persons. The program shall be administered by the 47.13 commissioner. 47.14 Subd. 3. [DISTRIBUTION OF GRANTS.] The commissioner shall 47.15 make grants so as to ensure that emergency services are 47.16 available to meet the needs of homeless persons statewide. 47.17 Subd. 4. [MATCHING FUNDS.] The commissioner may require a 47.18 grantee to match the grant amount with $1 of nonstate funds for 47.19 every $2 of grant funds. The match may be in-kind, including 47.20 the value of volunteer time, or in cash, or a combination of the 47.21 two. 47.22 Subd. 5. [APPLICATIONS.] An eligible organization may 47.23 apply to the commissioner for a grant to initiate, maintain, or 47.24 expand a program providing emergency services for homeless 47.25 persons. The commissioner shall determine the timing and form 47.26 of the application for the program. 47.27 Subd. 6. [CRITERIA FOR GRANT AWARDS.] The commissioner 47.28 shall award grants based on the following criteria: 47.29 (1) that the application is for a grant to provide 47.30 emergency services; 47.31 (2) evidence of the applicant's need for state assistance 47.32 and of the need for the particular emergency services to be 47.33 funded; and 47.34 (3) long-range plans for future funding if the need 47.35 continues to exist for the emergency services. 47.36 Subd. 7. [PROGRAM INFORMATION.] In order to collect 48.1 uniform data to measure better the nature and extent of the need 48.2 for emergency services, grant recipients shall collect and make 48.3 available to the commissioner the following information: 48.4 (1) the number of persons who seek emergency shelter and 48.5 where they are seeking shelter; 48.6 (2) the number of persons for whom shelter is provided and 48.7 where, by age, sex, and whether as an individual or part of a 48.8 family; 48.9 (3) the reasons for seeking assistance; 48.10 (4) the length of stay; 48.11 (5) the reasons for leaving the shelter; and 48.12 (6) the demand for essential services. 48.13 Sec. 8. [APPROPRIATIONS.] 48.14 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 48.15 LEARNING.] The sums indicated in this section are appropriated 48.16 from the general fund to the department of children, families, 48.17 and learning for the fiscal years designated. 48.18 Subd. 2. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 48.19 Minnesota economic opportunity grants: 48.20 $9,000,000 ..... 1998 48.21 $9,000,000 ..... 1999 48.22 Of this appropriation, the commissioner may use up to 5.4 48.23 percent each year for state operations. 48.24 Any balance in the first year does not cancel but is 48.25 available in the second year. 48.26 Subd. 3. [TRANSITIONAL HOUSING PROGRAMS.] For transitional 48.27 housing programs according to Minnesota Statutes, section 268.38: 48.28 $1,728,000 ..... 1998 48.29 $1,728,000 ..... 1999 48.30 Any balance in the first year does not cancel but is 48.31 available in the second year. 48.32 Of this appropriation, up to five percent each year may be 48.33 used for administrative costs. A portion of this appropriation 48.34 may be used for the emergency services grant program under 48.35 section 7. 48.36 Subd. 4. [FOOD BANK PROGRAM.] For foodshelf programs 49.1 according to Minnesota Statutes, section 268.55: 49.2 $1,250,000 ..... 1998 49.3 $1,250,000 ..... 1999 49.4 Any balance in the first year does not cancel but is 49.5 available in the second year. 49.6 Subd. 5. [EMERGENCY FOOD ASSISTANCE.] For emergency food 49.7 assistance according to Laws 1995, chapter 224, section 5, 49.8 subdivision 3: 49.9 $97,000 ..... 1998 49.10 $97,000 ..... 1999 49.11 Any balance in the first year does not cancel but is 49.12 available in the second year. 49.13 Subd. 6. [TRANSFERS; WEATHERIZATION; ENERGY 49.14 ASSISTANCE.] For the biennium ending June 30, 1999, the 49.15 commissioner shall transfer to the low-income home 49.16 weatherization program at least five percent of the money 49.17 received under the low-income home energy assistance block grant 49.18 in each year of the biennium and shall spend all of the 49.19 transferred money during the year of the transfer or the year 49.20 following the transfer. Up to 1.63 percent of the transferred 49.21 money may be used by the commissioner for administrative 49.22 purposes. 49.23 For the biennium ending June 30, 1999, no more than 1.63 49.24 percent of money remaining under the low-income home energy 49.25 assistance program after transfers to the weatherization program 49.26 may be used by the commissioner for administrative purposes. 49.27 ARTICLE 4 49.28 CHILD CARE 49.29 Section 1. Minnesota Statutes 1996, section 119B.01, is 49.30 amended by adding a subdivision to read: 49.31 Subd. 7a. [DEPARTMENT.] "Department" means the department 49.32 of children, families, and learning. 49.33 Sec. 2. Minnesota Statutes 1996, section 119B.01, 49.34 subdivision 8, is amended to read: 49.35 Subd. 8. [EDUCATION PROGRAM.] "Education program" means 49.36 remedial or basic education or English as a second language 50.1 instruction, a program leading to a general equivalency or high 50.2 school diploma, post-secondary programs excluding 50.3 postbaccalaureate programs, and other education and training 50.4 needs as documented in anemployabilityemployment planthat is50.5developed by an employment and training service provider50.6certified by the commissioner of economic security or an50.7individual designated by the county to provide employment and50.8training services, as defined in subdivision 9. The 50.9employabilityemployment plan must outline education and 50.10 training needs of a recipient, meet state requirements 50.11 foremployabilityemployment plans, meet the requirements 50.12 of this chapter, and Minnesota Rules, parts9565.50003400.0010 50.13 to9565.52003400.0230, and meet the requirements of programs 50.14 that provide federal reimbursement for child care services. 50.15 Sec. 3. Minnesota Statutes 1996, section 119B.01, 50.16 subdivision 9, is amended to read: 50.17 Subd. 9. [EMPLOYMENTPROGRAMPLAN.] "Employmentprogram50.18 plan" means employment of recipients financially eligible for 50.19 child care assistance,preemployment activities,or other work 50.20 activities approved in an employability development, job search 50.21 support plan, or employment plan that is developed by the county 50.22 agency, if it is acting as an employment and training service 50.23 provider, or by an employment and training service provider 50.24 certified by the commissioner of economic security or an 50.25 individual designated by the county to provide employment and 50.26 training services. The plans and designation of a service 50.27 provider must meet the requirements of this chapter and chapter 50.28 256J or chapter 256K, Minnesota Rules, parts9565.50003400.0010 50.29 to9565.52003400.0230, and other programs that provide federal 50.30 reimbursement for child care services. 50.31 Sec. 4. Minnesota Statutes 1996, section 119B.01, 50.32 subdivision 12, is amended to read: 50.33 Subd. 12. [INCOME.] "Income" means earned or unearned 50.34 income received by all family members16 years or older, 50.35 including public assistance cash benefits, unless specifically 50.36 excluded. The following are excluded from income: funds used 51.1 to pay for health insurance premiums for family members, 51.2 Supplemental Security Income, scholarships, work-study income, 51.3 and grants that cover costs for tuition, fees, books, and 51.4 educational supplies; student loans for tuition, fees, books, 51.5 supplies, and living expenses; earned income tax credits; 51.6 in-kind income such as food stamps, energy assistance, medical 51.7 assistance, and housing subsidies;income from summer or51.8part-time employment of 16-, 17-, and 18-year-old full-time51.9secondary school students;earned income of full or part-time 51.10 secondary school students up to the age of 19, including summer 51.11 employment; grant awards under the family subsidy program;and51.12 nonrecurring lump sum income only to the extent that it is 51.13 earmarked and used for the purpose for which it is paid; and any 51.14 income assigned to the public authority according to section 51.15 256.74 or section 256.741, if enacted. 51.16 Sec. 5. Minnesota Statutes 1996, section 119B.01, is 51.17 amended by adding a subdivision to read: 51.18 Subd. 12a. [MFIP-S.] "MFIP-S" means the Minnesota family 51.19 investment program-statewide, the state's TANF program under 51.20 Public Law Number 104-193, Title I. 51.21 Sec. 6. Minnesota Statutes 1996, section 119B.01, 51.22 subdivision 15, is amended to read: 51.23 Subd. 15. [AFDC.] "AFDC" means the aid to families with 51.24 dependent children program under sections 256.72 to 256.87; the 51.25 MFIP program under sections 256.031 to 256.0361 and 256.0475 to 51.26 256.049; the MFIP-S program under chapter 256J; and the work 51.27 first program under chapter 256K, whichever program is in effect. 51.28 Sec. 7. Minnesota Statutes 1996, section 119B.01, 51.29 subdivision 16, is amended to read: 51.30 Subd. 16. [TRANSITION YEAR FAMILIES.] "Transition year 51.31 families" means families wholosehave received AFDC for at 51.32 least three of the last six months before losing eligibility for 51.33 AFDC due to increased hours of employment, increased income from 51.34 employment or child or spousal support, or the loss of income 51.35 disregards due to time limitations, as provided under Public Law51.36Number 100-485. 52.1 Sec. 8. Minnesota Statutes 1996, section 119B.01, 52.2 subdivision 17, is amended to read: 52.3 Subd. 17. [CHILD CARE FUND.] "Child care fund" means a 52.4 program under this chapter providing: 52.5 (1) financial assistance for child care to parents engaged 52.6 in employment or the short-term provision of at-home infant care 52.7 for their own child or education and training leading to 52.8 employment; and 52.9 (2) grants to develop, expand, and improve the access and 52.10 availability of child care services statewide. 52.11 Sec. 9. Minnesota Statutes 1996, section 119B.02, is 52.12 amended to read: 52.13 119B.02 [DUTIES OF COMMISSIONER.] 52.14 The commissioner shall develop standards for county and 52.15 human services boards to provide child care services to enable 52.16 eligible families to participate in employment, training, or 52.17 education programs. Within the limits of available 52.18 appropriations, the commissioner shall distribute money to 52.19 counties to reduce the costs of child care for eligible 52.20 families. The commissioner shall adopt rules to govern the 52.21 program in accordance with this section. The rules must 52.22 establish a sliding schedule of fees for parents receiving child 52.23 care services. The rules shall provide that funds received as a 52.24 lump sum payment of child support arrearages shall not be 52.25 counted as income to a family in the month received but shall be 52.26 prorated over the 12 months following receipt and added to the 52.27 family income during those months. In the rules adopted under 52.28 this section, county and human services boards shall be 52.29 authorized to establish policies for payment of child care 52.30 spaces for absent children, when the payment is required by the 52.31 child's regular provider. The rules shall not set a maximum 52.32 number of days for which absence payments can be made, but 52.33 instead shall direct the county agency to set limits and pay for 52.34 absences according to the prevailing market practice in the 52.35 county. County policies for payment of absences shall be 52.36 subject to the approval of the commissioner. The commissioner 53.1 shall maximize the use of federal money in section 256.736 and 53.2 other programs that provide federal or state reimbursement for 53.3 child care services forrecipients of aid tolow-income families 53.4with dependent childrenwho are in education, training, job 53.5 search, or other activities allowed under those programs. Money 53.6 appropriated under this section must be coordinated with the 53.7 programs that provide federal reimbursement for child care 53.8 services to accomplish this purpose. Federal reimbursement 53.9 obtained must be allocated to the county that spent money for 53.10 child care that is federally reimbursable under programs that 53.11 provide federal reimbursement for child care services. The 53.12 counties shall use the federal money to expand child care 53.13 services. The commissioner may adopt rules under chapter 14 to 53.14 implement and coordinate federal program requirements. 53.15 Sec. 10. Minnesota Statutes 1996, section 119B.03, 53.16 subdivision 3, is amended to read: 53.17 Subd. 3. [ELIGIBLE RECIPIENTS.] Families that meet the 53.18 eligibility requirements under sections 119B.09, except AFDC 53.19 recipients, MFIP recipients, and transition year families, and 53.20 119B.10 are eligible for child care assistance under the basic 53.21 sliding fee program. Families enrolled in the basic sliding fee 53.22 programas of July 1, 1990,shall be continued until they are no 53.23 longer eligible.Counties shall make vendor payments to the53.24child care provider or pay the parent directly for eligible53.25child care expenses on a reimbursement basis.Child care 53.26 assistance provided through the child care fund is considered 53.27 assistance to the parent. 53.28 Sec. 11. Minnesota Statutes 1996, section 119B.03, 53.29 subdivision 4, is amended to read: 53.30 Subd. 4. [FUNDING PRIORITY.] (a) First priority for child 53.31 care assistance under the basic sliding fee program must be 53.32 given to eligible non-AFDC families who do not have a high 53.33 school or general equivalency diploma or who need remedial and 53.34 basic skill courses in order to pursue employment or to pursue 53.35 education leading to employment. Within this priority, the 53.36 following subpriorities must be used: 54.1 (1) child care needs of minor parents; 54.2 (2) child care needs of parents under 21 years of age; and 54.3 (3) child care needs of other parents within the priority 54.4 group described in this paragraph. 54.5 (b) Second priority must be given to parents who have 54.6 completed their AFDC transition year. 54.7 (c) Third priority must be given to families who are 54.8 eligible for portable basic sliding fee assistance through the 54.9 portability pool under section 119B.03, subdivision 9. 54.10 Sec. 12. Minnesota Statutes 1996, section 119B.03, 54.11 subdivision 5, is amended to read: 54.12 Subd. 5. [REVIEW OF USE OF FUNDS; REALLOCATION.] (a) After 54.13 each quarter, the commissioner shall review the use of basic 54.14 sliding fee program allocations by county. The commissioner may 54.15 reallocate unexpended or unencumbered money among those counties 54.16 who have expended their full allocation or may allow a county to 54.17 expend up to ten percent of its allocation in the subsequent 54.18 allocation period. 54.19 (b) Any unexpendedmoneystate and federal appropriations 54.20 from the first year of the biennium may be carried forward to 54.21 the second year of the biennium. 54.22 Sec. 13. Minnesota Statutes 1996, section 119B.03, 54.23 subdivision 6, is amended to read: 54.24 Subd. 6. [ALLOCATION FORMULA.] Beginning January 1, 54.25 1996, except as provided in subdivision 7, the basic sliding fee 54.26 state and federal funds shall be allocated on a calendar year 54.27 basis. Funds shall be allocated first in amounts equal to each 54.28 county's guaranteed floor according to subdivision 8, with any 54.29 remaining available funds allocated according to the following 54.30 formula: 54.31 (a) One-third of the funds shall be allocated in proportion 54.32 to each county's total expenditures for the basic sliding fee 54.33 child care program reported during the most recent calendar year 54.34 completed at the time of the notice of allocation. 54.35 (b) One-third of the funds shall be allocated based on the 54.36 number of children under age 13 in each county who are enrolled 55.1 in general assistance medical care, medical assistance, and 55.2 MinnesotaCare on December 31 of the most recent calendar year 55.3 completed at the time of the notice of allocation. 55.4 (c) One-third of the funds shall be allocated based on the 55.5 number of children under age 13 who reside in each county, from 55.6 the most recent estimates of the state demographer. 55.7 Sec. 14. Minnesota Statutes 1996, section 119B.03, 55.8 subdivision 7, is amended to read: 55.9 Subd. 7. [SIX-MONTHALLOCATION EXCEPTION.] For the period 55.10 from July 1,1995, to December 31, 1995, every county shall55.11receive an allocation at least equal and proportionate to55.12one-half of its original allocation in state fiscal year 1995.55.13This six-month allocation shall be combined with the calendar55.14year 1996 allocation and be administered as one 18-month55.15allocation.1997, to December 31, 1998, each county must receive 55.16 an amount equal to its original calendar year 1997 allocation. 55.17 The remaining funds must be allocated according to the following 55.18 formula: 55.19 (a) Two-thirds of the funds must be allocated in proportion 55.20 to each county's original calendar year 1997 allocation for the 55.21 basic sliding fee program. 55.22 (b) One-third of the funds must be allocated in proportion 55.23 to each county's most recently reported waiting list as defined 55.24 in section 119B.03, subdivision 2. 55.25 When funding increases are implemented within a calendar 55.26 year, every county must receive an allocation at least equal and 55.27 proportionate to its original allocation for the same time 55.28 period. The remainder of the allocation must be recalculated to 55.29 reflect the funding increase and according to the formulas 55.30 identified in subdivision 6 and this subdivision. 55.31 Sec. 15. Minnesota Statutes 1996, section 119B.03, 55.32 subdivision 8, is amended to read: 55.33 Subd. 8. [GUARANTEED FLOOR.] (a) Beginning January 1, 55.34 1996, each county's guaranteed floor shall equal 90 percent of 55.35 the allocation received in the preceding calendar year.For the55.36calendar year 1996 allocation, the preceding calendar year shall56.1be considered to be double the six-month allocation as provided56.2for in subdivision 7.For the period January 1, 1999, to 56.3 December 31, 1999, each county's guaranteed floor must be equal 56.4 to its original calendar year 1998 allocation or its actual 56.5 earnings for calendar year 1998, whichever is less. 56.6 (b) When the amount of funds available for allocation is 56.7 less than the amount available in the previous year, each 56.8 county's previous year allocation shall be reduced in proportion 56.9 to the reduction in the statewide funding, for the purpose of 56.10 establishing the guaranteed floor. 56.11 Sec. 16. Minnesota Statutes 1996, section 119B.03, is 56.12 amended by adding a subdivision to read: 56.13 Subd. 9. [PORTABILITY POOL.] (a) The commissioner shall 56.14 establish a pool of up to five percent of the annual 56.15 appropriation for the basic sliding fee program to provide 56.16 continuous child care assistance for eligible families who move 56.17 between Minnesota counties. At the end of each allocation 56.18 period, any unspent funds in the portability pool must be added 56.19 to the funds available for reallocation. If expenditures from 56.20 the portability pool exceed the amount of money available, the 56.21 reallocation pool must be reduced to cover these shortages. 56.22 (b) To be eligible for portable basic sliding fee 56.23 assistance, a family that has moved from a county in which it 56.24 was receiving basic sliding fee assistance to a county with a 56.25 waiting list for the basic sliding fee program must: 56.26 (1) meet the income and eligibility guidelines for the 56.27 basic sliding fee program; and 56.28 (2) notify the new county of residence within 30 days of 56.29 moving and apply for basic sliding fee assistance in the new 56.30 county of residence. 56.31 (c) The receiving county must: 56.32 (1) accept administrative responsibility for applicants for 56.33 portable basic sliding fee assistance at the end of the two 56.34 months of assistance under the unitary residency act; 56.35 (2) continue basic sliding fee assistance for the lesser of 56.36 six months or until the family is able to receive assistance 57.1 under the county's regular basic sliding program; and 57.2 (3) notify the commissioner through the quarterly reporting 57.3 process of any family that meets the criteria of the portable 57.4 basic sliding fee assistance pool. 57.5 Sec. 17. Minnesota Statutes 1996, section 119B.03, is 57.6 amended by adding a subdivision to read: 57.7 Subd. 10. [APPLICATION; ENTRY POINTS.] Two or more methods 57.8 of applying for the basic sliding fee program must be available 57.9 to applicants in each county. To meet the requirements of this 57.10 subdivision, a county may provide alternative methods of 57.11 applying for assistance, including, but not limited to, a mail 57.12 application, or application sites that are located outside of 57.13 government offices. 57.14 Sec. 18. Minnesota Statutes 1996, section 119B.04, is 57.15 amended to read: 57.16 119B.04 [FEDERALAT-RISKCHILD CAREPROGRAMAND DEVELOPMENT 57.17 FUND.] 57.18 Subdivision 1. [COMMISSIONER TO ADMINISTER PROGRAM.] The 57.19 commissioner of children, families, and learning is authorized 57.20 and directed to receive, administer, and expend funds available 57.21 under theat-riskchild careprogramand development fund under 57.22 Public Law Number101-508 (1)104-193, Title I. 57.23 Subd. 2. [RULEMAKING AUTHORITY.] The commissioner may 57.24 adopt rules under chapter 14 to administer theat-riskchild 57.25 careprogramand development fund. 57.26 Sec. 19. Minnesota Statutes 1996, section 119B.05, 57.27 subdivision 1, is amended to read: 57.28 Subdivision 1. [ELIGIBLE RECIPIENTS.] Families eligible 57.29 forguaranteedchild care assistance under the AFDC child care 57.30 program are: 57.31 (1) persons receiving services undersection 256.73657.32 sections 256.031 to 256.04; 57.33 (2) AFDC recipients who are employed or in job search and 57.34 meet the requirements of section 119B.10; 57.35 (3) persons who are members of transition year families 57.36 under section 119B.01, subdivision 16; 58.1 (4) members of the control group for the STRIDE evaluation 58.2 conducted by the Manpower Demonstration Research Corporation; 58.3and58.4 (5) AFDC caretakers who are participating in the STRIDE and 58.5 non-STRIDE AFDC child care program; 58.6 (6) families who are participating in employment 58.7 orientation or job search, or other employment or training 58.8 activities that are included in an approved employability 58.9 development plan under chapter 256K; and 58.10 (7) MFIP-S families who are participating in work 58.11 activities as required in their job search support or employment 58.12 plan, or in appeals, hearings, assessments, or orientations 58.13 according to chapter 256J. Child care assistance to support 58.14 work activities as described in section 256J.49 must be 58.15 available according to sections 119B.01, subdivision 8, 121.882, 58.16 256E.08, 268.916, and 611A.32 and titles IVA, IVB, IVE, and XX 58.17 of the Social Security Act. 58.18 Sec. 20. Minnesota Statutes 1996, section 119B.05, 58.19 subdivision 5, is amended to read: 58.20 Subd. 5. [FEDERAL REIMBURSEMENT.] Counties shall maximize 58.21 their federal reimbursement underPublic Law Number 100-485 or58.22otherfederal reimbursement programs for money spent for persons 58.23 eligible under this chapter. The commissioner shall allocate 58.24 any federal earnings to the county to be used to expand child 58.25 care services under this chapter. 58.26 Sec. 21. Minnesota Statutes 1996, section 119B.05, 58.27 subdivision 6, is amended to read: 58.28 Subd. 6. [ACCESS CHILD CARE PROGRAM.] (a) Starting one 58.29 month after April 30, 1992, the commissioner shall reimburse 58.30 eligible expenditures for 2,000 family slots for AFDC caretakers 58.31 not eligible for services under section 256.736, who are engaged 58.32 in an authorized educational or job search program. Each county 58.33 will receive a number of family slots based on the county's 58.34 proportion of the AFDC caseload. A county must receive at least 58.35 two family slots. Eligibility and reimbursement are limited to 58.36 the number of family slots allocated to each county. County 59.1 agencies shall authorize an educational plan for each student 59.2 and may prioritize families eligible for this program in their 59.3 child care fund plan upon approval of the commissioner. 59.4 (b)Persons eligible for but unable to participate in the59.5JOBS (STRIDE) program because of a waiting list may be accepted59.6as a new participant, or continue to participate in the ACCESS59.7child care program if a slot is available as long as all other59.8eligibility factors are met. Child care assistance must59.9continue under the ACCESS child care program until the59.10participant loses eligibility or is enrolled in project STRIDE.59.11(c)(1) Effective July 1, 1995, the commissioner shall59.12reclaim 90 percent of the vacant slots in each county and59.13distribute those slots to counties with waiting lists of persons59.14eligible for the ACCESS child care program. The slots must be59.15distributed to eligible families based on the July 1, 1995,59.16waiting list placement date, first come, first served basis.59.17(2) ACCESS child care slots remaining after the waiting59.18list under clause (1) has been eliminated must be distributed to59.19eligible families on a first come, first served basis, based on59.20the client's date of request.59.21(3) The county must notify the commissioner when an ACCESS59.22slot in the county becomes available. Notification by the59.23county must be within five calendar days of the effective date59.24of the termination of the ACCESS child care services. The59.25resulting vacant slot must be returned to the department of59.26children, families, and learning. The slot must then be59.27redistributed under clause (2).59.28(4) The commissioner shall consult with the task force on59.29child care and make recommendations to the 1996 legislature for59.30future distribution of the ACCESS slots under this59.31paragraph.Effective July 1, 1997, no new applicants may be 59.32 accepted in the ACCESS program. Current ACCESS participants 59.33 shall continue to receive assistance until July 1, 1998, if all 59.34 other conditions of eligibility are met. 59.35 Sec. 22. [119B.061] [AT-HOME INFANT CHILD CARE PROGRAM.] 59.36 Subdivision 1. [ESTABLISHMENT.] Beginning July 1, 1998, a 60.1 family receiving or eligible to receive assistance under the 60.2 basic sliding fee program is eligible for assistance for a 60.3 parent to provide short-term child care for the family's infant 60.4 child. An eligible family must meet the eligibility factors 60.5 under section 119B.09, the income criteria under section 60.6 119B.12, and the requirements of this section. The commissioner 60.7 shall establish a pool of up to seven percent of the annual 60.8 appropriation for the basic sliding fee program to provide 60.9 assistance under the at-home infant child care program. At the 60.10 end of the fiscal year, any unspent funds must be used for 60.11 assistance under the basic sliding fee program. 60.12 Subd. 2. [ELIGIBLE FAMILIES.] A family with an infant 60.13 under the age of one year is eligible for assistance if: 60.14 (1) the family is not receiving MFIP-S, other cash 60.15 assistance, or other child care assistance; 60.16 (2) the family has not previously received the one-year 60.17 exemption from the work requirement for infant care under the 60.18 MFIP-S program; 60.19 (3) the family has not previously received a life-long 60.20 total of 12 months of assistance under this section; and 60.21 (4) the family is participating in the basic sliding fee 60.22 program or, for the first child in a family, provides 60.23 verification of employment at the time of application and meets 60.24 the program requirements. 60.25 Subd. 4. [ELIGIBLE PARENT.] Only one parent, in a 60.26 two-parent family, is eligible for assistance. The eligible 60.27 parent must: 60.28 (1) be over the age of 18; 60.29 (2) provide full-time care for the child in the child's 60.30 home; and 60.31 (3) provide child care for any other children in the family 60.32 that are eligible for child care. 60.33 Subd. 3. [ASSISTANCE.] (a) A family is limited to a 60.34 lifetime total of 12 months of assistance under this section. 60.35 The maximum rate of assistance must be at 75 percent of the rate 60.36 established under section 119B.13 for care of infants in 61.1 licensed family day care in the applicant's county of 61.2 residence. Assistance must be calculated to reflect the copay 61.3 requirement and the family's income level. 61.4 (b) A participating family must continue to report income 61.5 and other family changes as specified in the county's plan under 61.6 section 119B.08, subdivision 3. The family must treat any 61.7 assistance received under this section as unearned income. 61.8 (c) Participation in the at-home infant child care program 61.9 must be considered participation in the basic sliding fee 61.10 program for purposes of continuing eligibility under section 61.11 119B.03, subdivision 3. 61.12 (d) A family that receives assistance under this section is 61.13 ineligible for the one-year exemption from work requirements 61.14 under the MFIP-S program. 61.15 Subd. 4. [IMPLEMENTATION.] By July 1, 1998, the 61.16 commissioner shall implement the at-home infant child care 61.17 program under this section. The commissioner shall evaluate 61.18 this program and report the impact to the legislature by January 61.19 1, 2000. The evaluation must include data on the number of 61.20 families participating in the program; the number of families 61.21 continuing to pursue employment or education while participating 61.22 in the program; the average income of families prior to, during, 61.23 and after participation in the program; family size; and single 61.24 parent and two-parent status. 61.25 Sec. 23. Minnesota Statutes 1996, section 119B.05, is 61.26 amended by adding a subdivision to read: 61.27 Subd. 7. [CHILD CARE ASSISTANCE DIVERSION.] A one-year 61.28 program is established to provide assistance to participants 61.29 under the working family assistance program established in 61.30 chapter 256J who are participating in an authorized activity 61.31 under section 256J.03, subdivision 4, and who are eligible for 61.32 child care assistance according to chapter 119B as a 61.33 reimbursement for expenses related to the costs of education, 61.34 training, or transportation when all of the following conditions 61.35 exist: 61.36 (1) child care needs during participation in the authorized 62.1 activity are being met by a legal child care provider as defined 62.2 in section 119B.01, subdivision 13; 62.3 (2) the participant cannot reasonably arrange for the 62.4 education, training, or transportation costs to be met through 62.5 alternate arrangements; 62.6 (3) the child care arrangement provides a transition to a 62.7 stable child care and employment arrangement and does not 62.8 disrupt the continuity of care for children; and 62.9 (4) the arrangement does not exceed two months. 62.10 The commissioner shall select one county in the 62.11 seven-county metropolitan area to participate in the program. 62.12 Assistance must be available only to residents of the selected 62.13 county. Assistance granted under this subdivision must not 62.14 exceed 1/12 of the average annual cost of care as established 62.15 for the administering county in the previous state fiscal year 62.16 for each authorized month. Assistance under this subdivision is 62.17 available to a recipient on a one-time basis. 62.18 Sec. 24. Minnesota Statutes 1996, section 119B.07, is 62.19 amended to read: 62.20 119B.07 [USE OF MONEY.] 62.21 Money for persons listed in sections 119B.03, subdivision 62.22 3, and 119B.05, subdivision 1, shall be used to reduce the costs 62.23 of child care for students, including the costs of child care 62.24 for students while employed if enrolled in an eligible education 62.25 program at the same time and making satisfactory progress 62.26 towards completion of the program. Counties may not limit the 62.27 duration of child care subsidies for a person in an employment 62.28 or educational program, except when the person is found to be 62.29 ineligible under the child care fund eligibility standards. Any 62.30 limitation must be based on a person's employability plan in the 62.31 case of an AFDC recipient, and county policies included in the 62.32 child care allocation plan. The maximum length of time a 62.33 student is eligible for child care assistance under the child 62.34 care fund for education and training is no more than the time 62.35 necessary to complete the credit requirements for an associate 62.36 or baccalaureate degree as determined by the educational 63.1 institution, excluding basic or remedial education programs 63.2 needed to prepare for post-secondary education or employment. 63.3 To be eligible, the student must be in good standing and be 63.4 making satisfactory progress toward the degree. Time 63.5 limitations for child care assistance, as specified in Minnesota63.6Rules, parts 9565.5000 to 9565.5200,do not apply to basic or 63.7 remedial educational programs needed to prepare for 63.8 post-secondary education or employment. These programs 63.9 include: high school, general equivalency diploma, and English 63.10 as a second language. Programs exempt from this time limit must 63.11 not run concurrently with a post-secondary program. High school 63.12 students who are participating in a post-secondary options 63.13 program and who receive a high school diploma issued by the 63.14 school district are exempt from the time limitations while 63.15 pursuing a high school diploma. Financially eligible students 63.16 who have received child care assistance for one academic year 63.17 shall be provided child care assistance in the following 63.18 academic year if funds allocated under sections 119B.03 and 63.19 119B.05 are available. If an AFDC recipient who is receiving 63.20 AFDC child care assistance under this chapter moves to another 63.21 county, continues to participate in educational or training 63.22 programs authorized in their employability development plans, 63.23 and continues to be eligible for AFDC child care assistance 63.24 under this chapter, the AFDC caretaker must receive continued 63.25 child care assistance from the county responsible for their 63.26 current employability development plan, without interruption. 63.27 Sec. 25. [119B.075] [RESERVE ACCOUNT.] 63.28 A reserve account must be created within the general fund 63.29 for all unexpended basic sliding fee child care, TANF child 63.30 care, or other child care funds under the jurisdiction of the 63.31 commissioner. Any funds for those purposes that are unexpended 63.32 at the end of a biennium must be deposited in this reserve 63.33 account, and may be appropriated on an ongoing basis by the 63.34 commissioner for basic sliding fee child care or TANF child care. 63.35 Sec. 26. Minnesota Statutes 1996, section 119B.08, 63.36 subdivision 1, is amended to read: 64.1 Subdivision 1. [QUARTERLYREPORTS.] The commissioner shall 64.2 specify requirements for reports, including quarterly fiscal64.3reports, according tounder the same authority as provided to 64.4 the commissioner of human services in section 256.01, 64.5 subdivision 2, paragraph (17).Counties shall submit on forms64.6prescribed by the commissioner a quarterly financial and program64.7activity report. The failure to submit a complete report by the64.8end of the quarter in which the report is due may result in a64.9reduction of child care fund allocations equal to the next64.10quarter's allocation. The financial and program activity report64.11must include:64.12(1) a detailed accounting of the expenditures and revenues64.13for the program during the preceding quarter by funding source64.14and by eligibility group;64.15(2) a description of activities and concomitant64.16expenditures that are federally reimbursable under federal64.17reimbursement programs;64.18(3) a description of activities and concomitant64.19expenditures of child care money;64.20(4) information on money encumbered at the quarter's end64.21but not yet reimbursable, for use in adjusting allocations as64.22provided in section 119B.03, subdivision 5; and64.23(5) other data the commissioner considers necessary to64.24account for the program or to evaluate its effectiveness in64.25preventing and reducing participants' dependence on public64.26assistance and in providing other benefits, including64.27improvement in the care provided to children.64.28 Sec. 27. Minnesota Statutes 1996, section 119B.08, 64.29 subdivision 3, is amended to read: 64.30 Subd. 3. [CHILD CARE FUND PLAN.] Effective January 1, 64.31 1992, the county will include the plan required under this 64.32 subdivision in its biennial community social services plan 64.33 required in this section, for the group described in section 64.34 256E.03, subdivision 2, paragraph (h).For the period July 1,64.351989, to December 31, 1991, the county shall submit separate64.36child care fund plans required under this subdivision for the65.1periods July 1, 1989, to June 30, 1990; and July 1, 1990, to65.2December 31, 1991.The commissioner shall establish the dates 65.3 by which the county must submit these plans. The county and 65.4 designated administering agency shall submit to the commissioner 65.5 an annual child care fund allocation plan. The plan shall 65.6 include: 65.7 (1) a narrative of the total program for child care 65.8 services, including all policies and procedures that affect 65.9 eligible families and are used to administer the child care 65.10 funds; 65.11 (2)the number of families that requested a child care65.12subsidy in the previous year, the number of families receiving65.13child care assistance, the number of families on a waiting list,65.14and the number of families projected to be served during the65.15fiscal year;65.16(3)the methods used by the county to inform eligible 65.17 groups of the availability of child care assistance and related 65.18 services; 65.19(4)(3) the provider rates paid for all children by 65.20 provider type; 65.21(5)(4) the county prioritization policy for all eligible 65.22 groups under the basic sliding fee program and AFDC child care 65.23 program; and 65.24(6) a report of all funds available to be used for child65.25care assistance, including demonstration of compliance with the65.26maintenance of funding effort required under section 119B.11;65.27and65.28(7)(5) other information as requested by the department to 65.29 ensure compliance with the child care fund statutes and rules 65.30 promulgated by the commissioner. 65.31 The commissioner shall notify counties within 60 days of 65.32 the date the plan is submitted whether the plan is approved or 65.33 the corrections or information needed to approve the plan. The 65.34 commissioner shall withhold a county's allocation until it has 65.35 an approved plan. Plans not approved by the end of the second 65.36 quarter after the plan is due may result in a 25 percent 66.1 reduction in allocation. Plans not approved by the end of the 66.2 third quarter after the plan is due may result in a 100 percent 66.3 reduction in the allocation to the county. Counties are to 66.4 maintain services despite any reduction in their allocation due 66.5 to plans not being approved. 66.6 Sec. 28. Minnesota Statutes 1996, section 119B.09, 66.7 subdivision 1, is amended to read: 66.8 Subdivision 1. [GENERAL ELIGIBILITYFACTORSREQUIREMENTS 66.9 FOR ALL APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care 66.10 services must be available to families who need child care to 66.11 find or keep employment or to obtain the training or education 66.12 necessary to find employment and who: 66.13(a)(1) meet the requirements of section 119B.05; receive 66.14 aid to families with dependent children, MFIP-S, or work first, 66.15 whichever is in effect; and are receiving employment and 66.16 training services under section 256.736 or chapter 256J or 256K; 66.17(b)(2) have household income below the eligibility levels 66.18 for aid to families with dependent children; or 66.19(c)(3) have household income within a range established by 66.20 the commissioner. 66.21(d)(b) Child care services for the families receiving aid 66.22 to families with dependent children must be made available as 66.23 in-kind services, to cover any difference between the actual 66.24 cost and the amount disregarded under the aid to families with 66.25 dependent children program. Child care services to families 66.26 whose incomes are below the threshold of eligibility for aid to 66.27 families with dependent children, but are not AFDC caretakers, 66.28 must be made available with theminimumsame copayment required 66.29by federal lawof AFDC caretakers or MFIP-S caregivers. 66.30 (c) All applicants for child care assistance and families 66.31 currently receiving child care assistance must be assisted and 66.32 required to cooperate in establishment of paternity and 66.33 enforcement of child support obligations as a condition of 66.34 program eligibility. For purposes of this section, a family is 66.35 considered to meet the requirement for cooperation when the 66.36 family complies with the requirements of section 256.741, if 67.1 enacted. 67.2 Sec. 29. Minnesota Statutes 1996, section 119B.09, 67.3 subdivision 2, is amended to read: 67.4 Subd. 2. [SLIDING FEE.] Child care services to families 67.5 with incomes in the commissioner's established range must be 67.6 made available on a sliding fee basis.The lower limit of the67.7sliding fee range must be the eligibility limit for aid to67.8families with dependent children.The upper limit of the range 67.9 must be neither less than 70 percent nor more than 90 percent of 67.10 the state median income for a family of four, adjusted for 67.11 family size. 67.12 Sec. 30. Minnesota Statutes 1996, section 119B.09, is 67.13 amended by adding a subdivision to read: 67.14 Subd. 6. [MAXIMUM CHILD CARE ASSISTANCE.] The maximum 67.15 amount of child care assistance a local agency may authorize in 67.16 a two-week period is 120 hours per child. 67.17 Sec. 31. Minnesota Statutes 1996, section 119B.09, is 67.18 amended by adding a subdivision to read: 67.19 Subd. 7. [ELIGIBILITY FOR ASSISTANCE.] The date of 67.20 eligibility for child care assistance under this chapter is the 67.21 later of the date the application was signed; the beginning date 67.22 of employment, education, or training; or the date a 67.23 determination has been made that the applicant is a participant 67.24 in employment and training services under Minnesota Rules, part 67.25 3400.0080, subpart 2a, section 256.736, or chapter 256J or 67.26 256K. The date of eligibility for the basic sliding fee at-home 67.27 infant child care program is the later of the date the infant is 67.28 born or, in a county with a basic sliding fee wait list, the 67.29 date the family applies for at-home infant child care. Payment 67.30 ceases for a family under the at-home infant child care program 67.31 when a family has used a total of 12 months of assistance as 67.32 specified under section 119B.061. Payment of child care 67.33 assistance for employed persons on AFDC is effective the date of 67.34 employment or the date of AFDC eligibility, whichever is later. 67.35 Payment of child care assistance for MFIP-S or work first 67.36 participants in employment and training services is effective 68.1 the date of commencement of the services or the date of MFIP-S 68.2 or work first eligibility, whichever is later. Payment of child 68.3 care assistance for transition year child care must be made 68.4 retroactive to the date of eligibility for transition year child 68.5 care. 68.6 Sec. 32. Minnesota Statutes 1996, section 119B.09, is 68.7 amended by adding a subdivision to read: 68.8 Subd. 8. [NO EMPLOYEE-EMPLOYER RELATIONSHIPS.] Receipt of 68.9 federal, state, or local funds by a child care provider either 68.10 directly or through a parent who is a child care assistance 68.11 recipient does not establish an employee-employer relationship 68.12 between the child care provider and the county or state. 68.13 Sec. 33. Minnesota Statutes 1996, section 119B.10, 68.14 subdivision 1, is amended to read: 68.15 Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND 68.16 RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 68.17 and who are eligible for assistance under this section are 68.18 eligible to receive up to 240 hours of child care assistance per 68.19 calendar year. 68.20 (b) Employed persons who work at least an average often20 68.21 hours a week and receive at least a minimum wage for all hours 68.22 worked are eligible for continued child care assistance. Child 68.23 care assistance during employment must be authorized as provided 68.24 in paragraphs (c) and (d). 68.25 (c) When the caregiver works for an hourly wage and the 68.26 hourly wage is equal to or greater than the applicable minimum 68.27 wage, child care assistance shall be provided for the actual 68.28 hours of employment, break, and meal time during the employment 68.29 and travel time up to two hours per day. 68.30 (d) When the caregiver does not work for an hourly wage, 68.31 child care assistance must be provided for the lesser of: 68.32 (1) the amount of child care determined by dividing gross 68.33 earned income by the applicable minimum wage, up to one hour 68.34 every eight hours for meals and break time, plus up to two hours 68.35 per day for travel time; or 68.36 (2) the amount of child care equal to the actual amount of 69.1 child care used during employment, including break and meal time 69.2 during employment, and travel time up to two hours per day. 69.3 Sec. 34. Minnesota Statutes 1996, section 119B.11, 69.4 subdivision 1, is amended to read: 69.5 Subdivision 1. [COUNTY CONTRIBUTIONS REQUIRED.] Beginning 69.6 July 1,19951997, in addition to payments from basic sliding 69.7 fee child care program participants,countieseach county shall 69.8 contribute from county tax or other sourcesat thea fixed local 69.9 matchpercentage calculated according to subdivision 2equal to 69.10 its calendar year 1996 required county contribution reduced by 69.11 the administrative funding loss that would have occurred in 69.12 state fiscal year 1996 under section 119B.15. The commissioner 69.13 shall recover funds from the county as necessary to bring county 69.14 expenditures into compliance with this subdivision. 69.15 Sec. 35. Minnesota Statutes 1996, section 119B.11, is 69.16 amended by adding a subdivision to read: 69.17 Subd. 2a. [RECOVERY OF OVERPAYMENTS.] An amount of child 69.18 care assistance paid to a recipient in excess of the payment due 69.19 is recoverable by the county agency. The overpayment must be 69.20 recovered through recoupment as identified in Minnesota Rules, 69.21 part 9565.5110, subpart 11, items A and B, if the family remains 69.22 eligible for assistance. If the family no longer remains 69.23 eligible for child care assistance, the county may choose to 69.24 initiate efforts to recover overpayments from the family for 69.25 overpayment less than $50. If the overpayment is greater than 69.26 or equal to $50, the county shall seek voluntary repayment of 69.27 the overpayment from the family. If the county is unable to 69.28 recoup the overpayment through voluntary repayment, the county 69.29 shall initiate civil court proceedings to recover the 69.30 overpayment unless the county's costs to recover the overpayment 69.31 will exceed the amount of the overpayment. A family with an 69.32 outstanding debt under this subdivision is not eligible for 69.33 child care assistance until the debt is paid in full or 69.34 satisfactory arrangements are made with the county to retire the 69.35 debt. 69.36 Sec. 36. Minnesota Statutes 1996, section 119B.11, 70.1 subdivision 3, is amended to read: 70.2 Subd. 3. [FEDERAL MONEY; STATE RECOVERY.] The commissioner 70.3 shall recover from counties any state or federal money that was 70.4 spent for persons found to be ineligible, except if the recovery 70.5 is made by a county agency using any method other than 70.6 recoupment, the county may keep 25 percent of the recovery. If 70.7 a federal audit exception is taken based on a percentage of 70.8 federal earnings, all counties shall pay a share proportional to 70.9 their respective federal earnings during the period in question. 70.10 Sec. 37. Minnesota Statutes 1996, section 119B.12, is 70.11 amended to read: 70.12 119B.12 [SLIDING FEE SCALE.] 70.13 Subdivision 1. [FEE SCHEDULE.] In setting the sliding fee 70.14 schedule, the commissioner shall exclude from the amount of 70.15 income used to determine eligibility an amount for federal and 70.16 state income and social security taxes attributable to that 70.17 income level according to federal and state standardized tax 70.18 tables. The commissioner shall base the parent fee on the 70.19 ability of the family to pay for child care. The fee schedule 70.20 must be designed to use any available tax credits. 70.21 Subd. 2. [PARENT FEE.] A family's monthly parent fee must 70.22 be a fixed percentage of its annual gross income. Parent fees 70.23 must apply to families eligible for child care assistance under 70.24 sections 119B.03 and 119B.05. Income must be as defined in 70.25 section 119B.01, subdivision 12. The fixed percent is based on 70.26 the relationship of the family's annual gross income to 100 70.27 percent of state median income. Beginning January 1, 1998, 70.28 parent fees must begin at 75 percent of the poverty level. The 70.29 minimum parent fees for families between 75 percent and 100 70.30 percent of poverty level must be $5 per month. Parent fees for 70.31 families with incomes at or above the poverty level must not 70.32 decrease due to the addition of family members after the 70.33 family's initial eligibility determination. Parent fees must be 70.34 established in rule and must provide for graduated movement to 70.35 full payment. 70.36 Sec. 38. Minnesota Statutes 1996, section 119B.13, 71.1 subdivision 1, is amended to read: 71.2 Subdivision 1. [SUBSIDY RESTRICTIONS.] Effective July 1, 71.3 1991, the maximum rate paid for child care assistance under the 71.4 child care fund is the maximum rate eligible for federal 71.5 reimbursement. The rate may not exceed the 75th percentile rate 71.6 for like-care arrangements in the county as surveyed by the 71.7 commissioner. A rate which includes a provider bonus paid under 71.8 subdivision 2 or a special needs rate paid under subdivision 3 71.9 may be in excess of the maximum rate allowed under this 71.10 subdivision. The department of children, families, and learning 71.11 shall monitor the effect of this paragraph on provider rates. 71.12 The county shall pay the provider's full charges for every child 71.13 in care up to the maximum established. The commissioner shall 71.14 determine the maximum rate for each type of care, including 71.15 special needs and handicapped care. Not less than once every 71.16 two years, the county shall evaluate rates for payment of absent 71.17 spaces and shall establish policies for payment of absent days 71.18 that reflect current market practice. 71.19 When the provider charge is greater than the maximum 71.20 provider rate allowed, the parent is responsible for payment of 71.21 the difference in the rates in addition to any family copayment 71.22 fee. 71.23 Sec. 39. Minnesota Statutes 1996, section 119B.13, is 71.24 amended by adding a subdivision to read: 71.25 Subd. 8. [PROVIDER NOTICE.] The county shall inform both 71.26 the family receiving assistance under chapter 119B and the child 71.27 care provider of the payment amount and how and when payment 71.28 will be received. If the county sends a family a notice that 71.29 child care assistance will be terminated, the county shall 71.30 inform the provider that unless the family requests to continue 71.31 to receive assistance pending an appeal, child care payments 71.32 will no longer be made. The notice to the vendor must not 71.33 contain any private data on the family or information on why 71.34 payment will no longer be made. 71.35 Sec. 40. Minnesota Statutes 1996, section 119B.13, is 71.36 amended by adding a subdivision to read: 72.1 Subd. 9. [PROVIDER PAYMENTS.] Counties shall make vendor 72.2 payments to the child care provider or pay the parent directly 72.3 for eligible child care expenses. If payments for child care 72.4 assistance are made to providers, the provider shall bill the 72.5 county for services provided within ten days of the end of the 72.6 month of service. If bills are submitted in accordance with the 72.7 provisions of subdivision 6, a county shall issue payment to the 72.8 provider of child care under the child care fund within 30 days 72.9 of receiving an invoice from the provider. Counties may 72.10 establish policies that make payments on a more frequent basis. 72.11 A county's payment policies must be included in the county's 72.12 child care plan under section 119B.08, subdivision 3. 72.13 Sec. 41. Minnesota Statutes 1996, section 119B.15, is 72.14 amended to read: 72.15 119B.15 [ADMINISTRATIVE EXPENSES.] 72.16 The commissioner shall use up toone-eleventh1/21 of the 72.17 state and federal funds available for the basic sliding fee 72.18 program and 1/21 of the state and federal funds available for 72.19 the AFDC child care program for payments to counties for 72.20 administrative expenses. 72.21 Sec. 42. Minnesota Statutes 1996, section 119B.16, 72.22 subdivision 1, is amended to read: 72.23 Subdivision 1. [FAIR HEARING ALLOWED.] An applicant or 72.24 recipient adversely affected by a county agency action may 72.25 request a fair hearing in accordance with section 256.045,72.26subdivision 3. 72.27 Sec. 43. Minnesota Statutes 1996, section 119B.18, is 72.28 amended by adding a subdivision to read: 72.29 Subd. 3. [CHILD DEVELOPMENT EDUCATION AND TRAINING LOANS.] 72.30 The commissioner shall establish a child development education 72.31 and training loan program to be administered by the regional 72.32 child care resource and referral programs. The commissioner 72.33 shall establish application procedures, eligibility criteria, 72.34 terms, and other conditions necessary to make educational loans 72.35 under this section. A single applicant may not receive more 72.36 than $1,500 per year under this program. All or part of the 73.1 loan may be forgiven if the applicant continues to provide child 73.2 care services for a period of 12 months following the completion 73.3 of all courses paid for by the educational loan. 73.4 Sec. 44. Minnesota Statutes 1996, section 119B.20, 73.5 subdivision 7, is amended to read: 73.6 Subd. 7. [FACILITY IMPROVEMENT EXPENSES.] "Facility 73.7 improvement expenses" means funds for building improvements, 73.8 equipment, appropriate technology and software, toys, and 73.9 supplies needed to establish, expand, or improve a licensed 73.10 child care facility or a child care program under the 73.11 jurisdiction ofthe statea local board of education. 73.12 Sec. 45. Minnesota Statutes 1996, section 119B.20, 73.13 subdivision 9, is amended to read: 73.14 Subd. 9. [MINI-GRANTSTECHNICAL ASSISTANCE 73.15 AWARDS.]"Mini-grants""Technical assistance awards" means child 73.16 care grants to family child care providers for facility 73.17 improvements that are up to $1,000.Mini-grantsAwards include, 73.18 but are not limited to, improvements to meet licensing 73.19 requirements, improvements to expand a child care facility or 73.20 program, appropriate technology and software, toys and 73.21 equipment, start-up costs, staff training, and development costs. 73.22 Sec. 46. Minnesota Statutes 1996, section 119B.20, 73.23 subdivision 10, is amended to read: 73.24 Subd. 10. [RESOURCE AND REFERRAL PROGRAM.] "Resource and 73.25 referral program" means a program that provides information to 73.26 parents, including referrals and coordination of community child 73.27 care resources for parents and public or private providers of 73.28 care. It also means the agency with the duties specified in 73.29 sections 119B.18 and 119B.19. Services may includeparent73.30education, technical assistance for providers, staff development73.31programs, and referrals to social servicesrecruitment of new 73.32 providers, parent education, training, technical assistance for 73.33 providers, and referrals to social services. 73.34 Sec. 47. Minnesota Statutes 1996, section 119B.21, 73.35 subdivision 1, is amended to read: 73.36 Subdivision 1. [GRANTS ESTABLISHED.] The commissioner 74.1 shall award grants to develop child care services, including 74.2 child care service development grants for start-up and facility 74.3 improvement expenses, interim financing,resource and referral74.4programs, andstaff training expenses, and grants for child care 74.5 resource and referral programs. Child careservicesservice 74.6 development grants may includemini-grantsfamily child care 74.7 technical assistance awards up to $1,000. The commissioner 74.8 shall develop a grant application form, inform county social 74.9 service agencies about the availability of child care services 74.10 grants, and set a date by which applications must be received by 74.11 the commissioner. 74.12The commissioner may renew grants to existing resource and74.13referral agencies that have met state standards and have been74.14designated as the child care resource and referral service for a74.15particular geographical area. The recipients of renewal grants74.16are exempt from the proposal review process.74.17 Sec. 48. Minnesota Statutes 1996, section 119B.21, 74.18 subdivision 2, is amended to read: 74.19 Subd. 2. [DISTRIBUTION OF FUNDS.] (a) The commissioner 74.20 shall allocate grant money appropriated for child care service 74.21 development among the development regions designated by the 74.22 governor under section 462.385,as followsconsidering the 74.23 following factors for each economic development region: 74.24(1) 50 percent of the child care service development grant74.25appropriation shall be allocated to the metropolitan economic74.26development region; and74.27(2) 50 percent of the child care service development grant74.28appropriation shall be allocated to economic development regions74.29other than the metropolitan economic development region.74.30(b) The following formulas shall be used to allocate grant74.31appropriations among the economic development regions:74.32(1) 50 percent of the funds shall be allocated in74.33proportion to the ratio of children under 12 years of age in74.34each economic development region to the total number of children74.35under 12 years of age in all economic development regions; and74.36(2) 50 percent of the funds shall be allocated in75.1proportion to the ratio of children under 12 years of age in75.2each economic development region to the number of licensed child75.3care spaces currently available in each economic development75.4region75.5 (1) the number of children under 13 years of age needing 75.6 child care in the service area; 75.7 (2) the geographic area served by the agency; 75.8 (3) the ratio of children under 13 years of age needing 75.9 child care to the number of licensed spaces in the service area; 75.10 (4) the number of licensed child care providers and 75.11 extended day school age child care programs in the service area; 75.12 and 75.13 (5) other related factors determined by the commissioner. 75.14(c)(b) Out of the amount allocated for each economic 75.15 development region, the commissioner shall award grants based on 75.16 the recommendation of thegrant reviewchild care regional 75.17 advisorytask forcecommittees. In addition, the commissioner 75.18 shall award no more than 75 percent of the money either to child 75.19 care facilities for the purpose of facility improvement or 75.20 interim financing or to child care workers for staff training 75.21 expenses. 75.22(d)(c) Any funds unobligated may be used by the 75.23 commissioner to award grants to proposals that received funding 75.24 recommendations by theadvisory task forceregional advisory 75.25 committees but were not awarded due to insufficient funds. 75.26(e)(d) The commissioner may allocate grants under this 75.27 section for a two-year period and may carry forward funds from 75.28 the first year as necessary. 75.29 Sec. 49. Minnesota Statutes 1996, section 119B.21, 75.30 subdivision 3, is amended to read: 75.31 Subd. 3. [CHILD CARE REGIONAL ADVISORY COMMITTEES.] Child 75.32 care regional advisory committees shall review and make 75.33 recommendations to the commissioner on applications for family 75.34 child care technical assistance awards and service development 75.35 grants under this section. The commissioner shall appoint the 75.36 child care regional advisory committees in each governor's 76.1 economic development region. People appointed under this 76.2 subdivision must represent the following constituent groups: 76.3 family child care providers, group center providers, parent 76.4 users, health services, social services, public schools, Head 76.5 Start, employers, and other citizens with demonstrated interest 76.6 in child care issues. Members of the advisory task force with a 76.7 direct financial interest in a pending grant proposal may not 76.8 provide a recommendation or participate in the ranking of that 76.9 grant proposal. Committee members may be reimbursed for their 76.10 actual travel, child care, and child care provider substitute 76.11 expenses for up to six committee meetings per year. The child 76.12 care regional advisory committees shall complete their reviews 76.13 and forward their recommendations to the commissioner by the 76.14 date specified by the commissioner. 76.15 Sec. 50. Minnesota Statutes 1996, section 119B.21, 76.16 subdivision 4, is amended to read: 76.17 Subd. 4. [DISTRIBUTION OF FUNDS FOR CHILD CARE RESOURCE 76.18 AND REFERRAL PROGRAMS.] (a) The commissioner shall allocate 76.19 funds appropriated for child care resource and referral services 76.20 considering the following factors for each economic development 76.21 region served by the child care resource and referral agency: 76.22 (1) the number of children under 13 years of age needing 76.23 child care in the service area; 76.24 (2) the geographic area served by the agency; 76.25 (3) the ratio of children under 13 years of age needing 76.26 care to the number of licensed spaces in the service area; 76.27 (4) the number of licensed child care providers and 76.28 extended day school age child care programs in the service area; 76.29 and 76.30 (5) other related factors determined by the commissioner. 76.31 (b) The commissioner may renew grants to existing resource 76.32 and referral agencies that have met state standards and have 76.33 been designated as the child care resource and referral service 76.34 for a particular geographical area. The recipients of renewal 76.35 grants are exempt from the proposal review process. 76.36 Sec. 51. Minnesota Statutes 1996, section 119B.21, 77.1 subdivision 5, is amended to read: 77.2 Subd. 5. [PURPOSES FOR WHICH A CHILD CARE SERVICES GRANT 77.3 MAY BE AWARDED.] The commissioner may award grants forany of77.4the following purposes: 77.5 (1) child care service development grants for the following 77.6 purposes: 77.7 (i) for creating new licensed day care facilities and 77.8 expanding existing facilities, including, but not limited to, 77.9 supplies, equipment, facility renovation, and remodeling; 77.10(2)(ii) for improving licensed day care facility programs, 77.11 including, but not limited to, staff specialists, staff 77.12 training, supplies, equipment, and facility renovation and 77.13 remodeling. In awarding grants for training, priority must be77.14given to child care workers caring for infants, toddlers, sick77.15children, children in low-income families, and children with77.16special needs; 77.17(3)(iii) for supportive child development services 77.18 including, but not limited to, in-service training, curriculum 77.19 development, consulting specialist, resource centers, and 77.20 program and resource materials; 77.21(4)(iv) for carrying out programs including, but not 77.22 limited to, staff, supplies, equipment, facility renovation, and 77.23 training; 77.24(5)(v) for interim financing;and77.25(6) for carrying out the resource and referral program77.26services identified in section 119B.19, subdivision 3(vi) 77.27 family child care technical assistance awards; and 77.28 (vii) for capacity building through the purchase of 77.29 appropriate technology and software, and staff training to 77.30 create, enhance, and maintain financial systems for facilities; 77.31 (2) child care resource and referral program services 77.32 identified in section 119B.19, subdivision 3; or 77.33 (3) targeted recruitment initiatives to expand and build 77.34 capacity of the child care system. 77.35 Sec. 52. Minnesota Statutes 1996, section 119B.21, 77.36 subdivision 6, is amended to read: 78.1 Subd. 6. [FUNDING PRIORITIES; FACILITY IMPROVEMENTAND, 78.2 INTERIM FINANCING, AND TRAINING GRANTS.] In evaluating 78.3 applications for funding and making recommendations to the 78.4 commissioner, thegrant review advisory task forcechild care 78.5 regional advisory committees shall rank and give priority to: 78.6 (1) new programs or projects, or the expansion or 78.7 improvement of existing programs or projects in areas where a 78.8 demonstrated need for child care facilities has been shown, with 78.9 special emphasis on programs or projects in areas where there is 78.10 a shortage of licensed child care; 78.11 (2) new programs and projects, or the expansions or 78.12 enrichment of existing programs or projects that serve sick 78.13 children, infants or toddlers, children with special needs,and78.14 children from low-income families, or parents needing child care 78.15 during nonstandard hours; 78.16 (3) unlicensed providers who wish to become licensed;and78.17 (4) improvement of existing programs; 78.18 (5) child care programs seeking accreditation and child 78.19 care providers seeking certification; and 78.20 (6) entities that will use grant money for scholarships for 78.21 child care workers attending educational or training programs 78.22 sponsored by the entity. 78.23 Sec. 53. Minnesota Statutes 1996, section 119B.21, 78.24 subdivision 8, is amended to read: 78.25 Subd. 8. [ELIGIBLE GRANT RECIPIENTS.] Eligible recipients 78.26 of child care grants are licensed providers of child care, or 78.27 those in the process of being licensed, resource and referral 78.28 programs, or corporations or public agencies, or any combination 78.29 thereof.With the exception of mini-grants, priority for child78.30care grants shall be given to grant applicants as follows:78.31(1) public and private nonprofit agencies;78.32(2) employer-based child care centers;78.33(3) for-profit child care centers; and78.34(4) family day care providers.78.35 Sec. 54. Minnesota Statutes 1996, section 119B.21, 78.36 subdivision 9, is amended to read: 79.1 Subd. 9. [GRANT MATCH REQUIREMENTS.] Child care grants for 79.2 facility improvements, interim financing, resource and referral, 79.3 and staff training and development require a 25 percent local 79.4 match by the grant applicant. A local match is not required for 79.5 aminigrantfamily child care technical assistance award. 79.6 Sec. 55. Minnesota Statutes 1996, section 119B.21, 79.7 subdivision 10, is amended to read: 79.8 Subd. 10. [CHILD CARE MINI-GRANTSFAMILY CHILD CARE 79.9 TECHNICAL ASSISTANCE AWARDS.]Mini-grantsTechnical assistance 79.10 awards for child care service development must be used by 79.11 the family child care provider grantee for facility 79.12 improvements, including, but not limited to, improvements to 79.13 meet licensing requirements, improvements to expand the 79.14 facility, toys and equipment, start-up costs, interim financing, 79.15 or staff training and development.Priority for child care79.16mini-grants shall be given to grant applicants as follows:79.17(1) family day care providers;79.18(2) public and private nonprofit agencies;79.19(3) employer-based child care centers; and79.20(4) for-profit child care centers.79.21 Sec. 56. Minnesota Statutes 1996, section 119B.21, 79.22 subdivision 11, is amended to read: 79.23 Subd. 11. [ADVISORY TASK FORCE.] The commissioner 79.24shallmay convene a statewide advisory task force which shall 79.25 advise the commissioner on grantsandor other child care issues. 79.26The statewide advisory task force shall review and make79.27recommendations to the commissioner on child care resource and79.28referral grants and on statewide service development and child79.29care training grants. Members of the advisory task force with a79.30direct financial interest in a resource and referral or a79.31statewide training proposal may not provide a recommendation or79.32participate in the ranking of that grant proposal.The 79.33 following constituent groups must be represented: family child 79.34 care providers, center providers, parent users, health services, 79.35 social services, Head Start, public schools, employers, and 79.36 other citizens with demonstrated interest in child care issues. 80.1 Each regional grant review committee formed under subdivision 3, 80.2 shall appoint a representative to the advisory task 80.3 force. Additional members may be appointed by the commissioner. 80.4 The commissioner may convene meetings of the task force as 80.5 needed. Terms of office and removal from office are governed by 80.6 the appointing body. The commissioner may compensate members 80.7 for their travel, child care, and child care provider substitute 80.8 expenses for meetings of the task force.The members of the80.9child care advisory task force shall also meet once with the80.10interagency advisory committee on child care under section80.11256H.25.80.12 Sec. 57. [119B.25] [CHILD CARE IMPROVEMENT GRANTS.] 80.13 Subdivision 1. [PURPOSE.] The purpose of this section is 80.14 to enhance and expand child care sites, to encourage private 80.15 investment in child care and early childhood education sites, to 80.16 promote availability of quality, affordable child care 80.17 throughout Minnesota, and to provide for cooperation between 80.18 private nonprofit child care organizations, family child care 80.19 and center providers and the department. 80.20 Subd. 2. [GRANTS.] The commissioner shall distribute money 80.21 provided by this section through a grant to a nonprofit 80.22 corporation organized to plan, develop, and finance early 80.23 childhood education and child care sites. The nonprofit 80.24 corporation must have demonstrated the ability to analyze 80.25 financing projects, have knowledge of other sources of public 80.26 and private financing for child care and early childhood 80.27 education sites, and have a relationship with the resource and 80.28 referral programs under section 119B.18. The board of directors 80.29 of the nonprofit corporation must include members who are 80.30 knowledgeable about early childhood education, child care, 80.31 development and improvement, and financing. The commissioners 80.32 of the departments of children, families, and learning and trade 80.33 and economic development, and the commissioner of the housing 80.34 finance agency shall advise the board on the loan program. The 80.35 grant must be used to make loans to improve child care or early 80.36 childhood education sites, or loans to plan, design, and 81.1 construct or expand licensed and legal unlicensed sites to 81.2 increase the availability of child care or early childhood 81.3 education. All loans made by the nonprofit corporation must 81.4 comply with section 363.03, subdivision 8. 81.5 Subd. 3. [FINANCING PROGRAM.] A nonprofit corporation that 81.6 receives a grant under this section shall use the money to: 81.7 (1) establish a revolving loan fund to make loans to 81.8 existing, expanding, and new licensed and legal unlicensed child 81.9 care and early childhood education sites; 81.10 (2) establish a fund to guarantee private loans to improve 81.11 or construct a child care or early childhood education site; 81.12 (3) establish a fund to provide forgivable loans or grants 81.13 to match all or part of a loan made under this section; and 81.14 (4) establish a fund as a reserve against bad debt. 81.15 The nonprofit corporation shall establish the terms and 81.16 conditions for loans and loan guarantees including, but not 81.17 limited to, interest rates, repayment agreements, private match 81.18 requirements, and conditions for loan forgiveness. The 81.19 nonprofit corporation shall establish a minimum interest rate 81.20 for loans to ensure that necessary loan administration costs are 81.21 covered. The nonprofit corporation may use interest earnings 81.22 for administrative expenses. 81.23 Subd. 4. [REPORTING.] A nonprofit corporation that 81.24 receives a grant under this section shall: 81.25 (1) annually report by September 30 to the commissioner the 81.26 purposes for which the money was used in the past fiscal year, 81.27 including a description of projects supported by the financing, 81.28 an account of loans made during the calendar year, the financing 81.29 program's assets and liabilities, and an explanation of 81.30 administrative expenses; and 81.31 (2) annually submit to the commissioner a copy of the 81.32 report of an independent audit performed in accordance with 81.33 generally accepted accounting practices and auditing standards. 81.34 Sec. 58. Minnesota Statutes 1996, section 121.8355, 81.35 subdivision 1, is amended to read: 81.36 Subdivision 1. [ESTABLISHMENT.] (a) In order to qualify as 82.1 a family services collaborative, a minimum of one school 82.2 district, one county, one public health entity, one community 82.3 action agency as defined in section 268.53, and one Head Start 82.4 grantee if the community action agency is not the designated 82.5 federal grantee for the Head Start program must agree in writing 82.6 to provide coordinated family services and commit resources to 82.7 an integrated fund. Collaboratives are expected to have broad 82.8 community representation, which may include other local 82.9 providers, including additional school districts, counties, and 82.10 public health entities, other municipalities, public libraries, 82.11 existing culturally specific community organizations, tribal 82.12 entities, local health organizations, private and nonprofit 82.13 service providers, child care providers, local foundations, 82.14 community-based service groups, businesses, local transit 82.15 authorities or other transportation providers, community action 82.16 agencies under section 268.53, senior citizen volunteer 82.17 organizations, parent organizations, parents, and sectarian 82.18 organizations that provide nonsectarian services. 82.19 (b)Community-based collaboratives composed of82.20representatives of schools, local businesses, local units of82.21government, parents, students, clergy, health and social82.22services providers, youth service organizations, and existing82.23culturally specific community organizations may plan and develop82.24services for children and youth. A community-based82.25collaborative must agree to collaborate with county, school82.26district, community action, and public health entities. Their82.27services may include opportunities for children or youth to82.28improve child health and development, reduce barriers to82.29adequate school performance, improve family functioning, provide82.30community service, enhance self esteem, and develop general82.31employment skills.82.32(c)Members of the governing bodies of political 82.33 subdivisions involved in the establishment of a family services 82.34 collaborative shall select representatives of the 82.35 nongovernmental entities listed in paragraph (a) to serve on the 82.36 governing board of a collaborative. The governing body members 83.1 of the political subdivisions shall select one or more 83.2 representatives of the nongovernmental entities within the 83.3 family service collaborative. 83.4 Sec. 59. Minnesota Statutes 1996, section 124.2615, 83.5 subdivision 1, is amended to read: 83.6 Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] By February 83.7 15, 1992, for the 1991-1992 school year or byJanuary 1 ofMay 1 83.8 preceding subsequent school years, a district must submit to the 83.9 commissioners of children, families, and learning, and health,83.10human services, and economic security: 83.11 (1) a description of the services to be provided; 83.12 (2) a plan to ensure children at greatest risk receive 83.13 appropriate services; 83.14 (3) a description of procedures and methods to be used to 83.15 coordinate public and private resources to maximize use of 83.16 existing community resources, including school districts, health 83.17 care facilities, government agencies, neighborhood 83.18 organizations, and other resources knowledgeable in early 83.19 childhood development; 83.20 (4) comments about the district's proposed program by the 83.21 advisory council required by section 121.831, subdivision 7; and 83.22 (5) agreements with all participating service providers. 83.23 Each commissioner may review and comment on the program, 83.24 and make recommendations to the commissioner of children, 83.25 families, and learning, within 30 days of receiving the plan. 83.26 Sec. 60. Minnesota Statutes 1996, section 124.2615, 83.27 subdivision 2, is amended to read: 83.28 Subd. 2. [AMOUNT OF AID.] (a) A district is eligible to 83.29 receive learning readiness aid if the program plan as required 83.30 by subdivision 1 has been approved by the commissioner of 83.31 children, families, and learning.The aid is equal to:83.32(1) $200 for fiscal year 1992 and $300 for fiscal year 199383.33times the number of eligible four-year old children residing in83.34the district, as determined according to section 124.2711,83.35subdivision 2; plus83.36(2) $100 for fiscal year 1992 and $300 for fiscal year 199384.1times the result of;84.2(3) the ratio of the number of pupils enrolled in the84.3school district from families eligible for the free or reduced84.4school lunch program to the total number of pupils enrolled in84.5the school district; times84.6(4) the number of children in clause (1).84.7 (b) For fiscal year19941998 and thereafter, a district 84.8 shall receive learning readiness aid equal to: 84.9 (1) the number of eligible four-year old children in the 84.10 district times the ratio of 50 percent of the total learning 84.11 readiness aid for that year to the total number of eligible 84.12 four-year old children reported to the commissioner for that 84.13 year; plus 84.14 (2)the number of participating eligible children times the84.15ratio of 15 percent of the total learning readiness aid for that84.16year to the total number of participating eligible children for84.17that year; plus84.18(3)the number of pupils enrolled in the school district 84.19 from families eligible for the free or reduced school lunch 84.20 program times the ratio of3550 percent of the total learning 84.21 readiness aid for that year to the total number of pupils in the 84.22 state from families eligible for the free or reduced school 84.23 lunch program. 84.24 Sec. 61. [EARLY CHILDHOOD PROFESSIONAL DEVELOPMENT.] 84.25 The Minnesota Institute for Early Childhood Professional 84.26 Development shall make recommendations by January 15, 1998, 84.27 related to the qualifications for child care center staff and 84.28 family child care providers to the commissioners of human 84.29 services and children, families, and learning and the Minnesota 84.30 state legislature. Recommendations must be made in the 84.31 following areas: 84.32 (1) whether the procedures for licensing individuals should 84.33 be separated from the licensing of the program and physical 84.34 plant of child care centers and homes; 84.35 (2) which entity would be the most appropriate to issue 84.36 individual licenses; 85.1 (3) core competencies which are based on the age of the 85.2 children served and type of provider; and 85.3 (4) the amount of preservice training, experience, and 85.4 in-service training for child care providers. 85.5 Sec. 62. [UNIVERSAL APPLICATION FORM; BASIC SLIDING FEE 85.6 PROGRAM.] 85.7 The commissioner of children, families, and learning shall 85.8 develop a universal application form for the basic sliding fee 85.9 program. The commissioner shall make the form available to all 85.10 counties. Counties may use the universal application form to 85.11 implement a mail application process for the basic sliding fee 85.12 program. 85.13 Sec. 63. [APPROPRIATIONS.] 85.14 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 85.15 LEARNING.] The sums indicated in this section are appropriated 85.16 from the general fund to the department of children, families, 85.17 and learning for the fiscal years designated. The commissioner 85.18 shall encourage the use of child care dollars for the 85.19 development of collaborative partnerships with Head Start and 85.20 early childhood family education. 85.21 Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care 85.22 assistance according to Minnesota Statutes, section 119B.03: 85.23 $41,751,000 ..... 1998 85.24 $50,751,000 ..... 1999 85.25 Any balance in the first year does not cancel but is 85.26 available the second year. 85.27 Of this appropriation, the department shall allocate the 85.28 amount necessary to administer the at-home child care program 85.29 under section 22. 85.30 Subd. 3. [TANF CHILD CARE.] For child care assistance 85.31 according to Minnesota Statutes, section 119B.05: 85.32 $34,331,000 ..... 1998 85.33 $64,838,000 ..... 1999 85.34 Up to $500,000 of the fiscal year 1998 appropriation may be 85.35 used for grants under section 23. 85.36 Any balance in the first year does not cancel but is 86.1 available in the second year. 86.2 Subd. 4. [CHILD CARE ADMINISTRATION.] For administration 86.3 of child care assistance programs according to Minnesota 86.4 Statutes, sections 119B.03 and 119B.05, and development programs 86.5 according to Minnesota Statutes, section 119B.21: 86.6 $826,000 ..... 1998 86.7 $232,000 ..... 1999 86.8 Any balance in the first year does not cancel but is 86.9 available in the second year. 86.10 Of the fiscal year 1998 appropriation, $594,000 is a 86.11 one-time appropriation and is not to be added to the permanent 86.12 base. 86.13 Subd. 5. [CHILD CARE DEVELOPMENT.] For child care 86.14 development grants according to Minnesota Statutes, section 86.15 119B.21: 86.16 $5,865,000 ..... 1998 86.17 $1,865,000 ..... 1999 86.18 Of the fiscal year 1998 appropriation, up to $2,000,000 is 86.19 for the following grants: 86.20 (1) a grant to the Minnesota licensed family child care 86.21 association for statewide implementation of the family child 86.22 care mentorship model developed by the association; 86.23 (2) a grant to the Minnesota child care apprentice/mentor 86.24 program to modify the apprentice/mentor program for statewide 86.25 implementation through the child care careers program of the 86.26 community/technical college system; 86.27 (3) a grant to expand project impact, which prepares child 86.28 care providers and staff who are members of a community of 86.29 color, as that term is defined in Minnesota Statutes, section 86.30 257.076, subdivision 3, to meet or exceed the education and 86.31 experience requirements of assistant teachers, teachers, and 86.32 family day care providers in licensed child care programs; 86.33 (4) expansion of the Minnesota child care apprentice/mentor 86.34 program, which prepares child care center staff to meet or 86.35 exceed the education and experience requirements of teachers in 86.36 licensed child care centers; 87.1 (5) grants to the regional child care resource and referral 87.2 programs under Minnesota Statutes, section 119B.18, and 87.3 education and training loans made by the regional child care 87.4 resource and referral programs under the loan program 87.5 established in section 119B.18. No more than 2.5 percent of 87.6 this appropriation may be used for administration of the loan 87.7 program; and 87.8 (6) a grant to a nonprofit corporation under Minnesota 87.9 Statutes, section 119B.25. Up to five percent of the grant may 87.10 be used by the department and the nonprofit corporation to 87.11 administer the loan program including costs associated with 87.12 setting up an information system to administer child care and 87.13 early childhood education facility loans.