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HF 2799

as introduced - 87th Legislature (2011 - 2012) Posted on 03/12/2012 01:55pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; modifying child care provisions; amending
Minnesota Statutes 2010, section 119B.13, subdivision 3a; Minnesota Statutes
2011 Supplement, section 119B.13, subdivision 7.

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

Section 1.

Minnesota Statutes 2010, section 119B.13, subdivision 3a, is amended to
read:


Subd. 3a.

Provider rate differential for accreditation.

A family child care
provider or child care center shall be paid a deleted text begin15deleted text end new text begin17 new text endpercent differential above the maximum
rate established in subdivision 1, up to the actual provider rate, if the provider or center
holds a current early childhood development credential or is accredited. For a family
child care provider, early childhood development credential and accreditation includes
an individual who has earned a child development associate degree, a child development
associate credential, a diploma in child development from a Minnesota state technical
college, or a bachelor's or post baccalaureate degree in early childhood education from
an accredited college or university, or who is accredited by the National Association for
Family Child Care or the Competency Based Training and Assessment Program. For a
child care center, accreditation includes accreditation by the National Association for the
Education of Young Children, the Council on Accreditation, the National Early Childhood
Program Accreditation, the National School-Age Care Association, or the National Head
Start Association Program of Excellence. For Montessori programs, accreditation includes
the American Montessori Society, Association of Montessori International-USA, or the
National Center for Montessori Education.

Sec. 2.

Minnesota Statutes 2011 Supplement, section 119B.13, subdivision 7, is
amended to read:


Subd. 7.

Absent days.

(a) deleted text beginLicenseddeleted text end Child care providers deleted text beginand license-exempt centers
must
deleted text end new text beginmay new text endnot be reimbursed for more than deleted text begintendeleted text end new text begin25 new text endfull-day absent days per child, excluding
holidays, in a fiscal yearnew text begin, or for more than ten consecutive full-day absent days, unless the
child has a documented medical condition that causes more frequent absences. Absences
due to a documented medical condition of a parent or sibling who lives in the same
residence as the child receiving child care assistance do not count against the 25-day absent
day limit in a fiscal year. Documentation of medical conditions must be on the forms and
submitted according to the timelines established by the commissioner. A public health
nurse or school nurse may verify the illness in lieu of a medical practitioner. If a provider
sends a child home early due to a medical reason, including, but not limited to, fever or
contagious illness, the child care center director or lead teacher may verify the illness in
lieu of a medical practitioner
new text end. deleted text beginLegal nonlicensed family child care providers must not be
reimbursed for absent days.
deleted text end If a child attends for part of the time authorized to be in care in
a day, but is absent for part of the time authorized to be in care in that same day, the absent
time deleted text beginmustdeleted text end new text beginwill new text endbe reimbursed but the time deleted text beginmustdeleted text end new text beginwill new text endnot count toward the ten new text beginconsecutive
or 25 cumulative
new text endabsent day deleted text beginlimitdeleted text endnew text begin limitsnew text end. new text begin Children in families where at least one parent is
under the age of 21, does not have a high school or general equivalency diploma, and is a
student in a school district or another similar program that provides or arranges for child
care, as well as parenting, social services, career and employment supports, and academic
support to achieve high school graduation, may be exempt from the absent day limits upon
request of the program and approval of the county. If a child attends part of an authorized
day, payment to the provider must be for the full amount of care authorized for that day.
new text endChild care providers deleted text beginmustdeleted text end new text beginmay new text endonly be reimbursed for absent days if the provider has a
written policy for child absences and charges all other families in care for similar absences.

(b) Child care providers must be reimbursed for up to ten federal or state holidays
or designated holidays per year when the provider charges all families for these days
and the holiday or designated holiday falls on a day when the child is authorized to be
in attendance. Parents may substitute other cultural or religious holidays for the ten
recognized state and federal holidays. Holidays do not count toward the ten new text beginconsecutive
or 25 cumulative
new text endabsent day deleted text beginlimitdeleted text endnew text begin limitsnew text end.

(c) A family or child care provider deleted text beginmustdeleted text endnew text begin maynew text end not be assessed an overpayment for an
absent day payment unless (1) there was an error in the amount of care authorized for the
family, (2) all of the allowed full-day absent payments for the child have been paid, or (3)
the family or provider did not timely report a change as required under law.

(d) The new text beginprovider and family must receive notification of the number of absent days
used upon initial provider authorization for a family and when the family has used 15
cumulative absent days. Upon statewide implementation of the Minnesota Electronic
Child Care System, the
new text endprovider and family shall receive notification of the number of
absent days used upon initial provider authorization for a family and ongoing notification
of the number of absent days used as of the date of the notification.

new text begin (e) A county may pay for more absent days than the statewide absent day policy
established under this subdivision if current market practice in the county justifies payment
for those additional days. County policies for payment of absent days in excess of the
statewide absent day policy and justification for these county policies must be included in
the county's child care fund plan under section 119B.08, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end