HF 3396

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to child care; changing child care assistance 
  1.3             in certain cases; establishing a provider rate bonus 
  1.4             for reading programs; establishing grants for 
  1.5             school-age child care programs; making other changes 
  1.6             to child care programs; appropriating money; amending 
  1.7             Minnesota Statutes 1996, sections 119B.13, by adding a 
  1.8             subdivision; 119B.18, subdivision 2; and 119B.19, 
  1.9             subdivisions 1, 4, and by adding subdivisions; 
  1.10            Minnesota Statutes 1997 Supplement, sections 119B.13, 
  1.11            subdivision 1; 119B.17, subdivision 3; 119B.21, 
  1.12            subdivisions 2, 4, 5, and 11; and 121.88, subdivision 
  1.13            10. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.16  119B.13, subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [SUBSIDY RESTRICTIONS.] Effective July 1, 
  1.18  1991, the maximum rate paid for child care assistance under the 
  1.19  child care fund is the maximum rate eligible for federal 
  1.20  reimbursement.  The rate may not exceed the 75th percentile rate 
  1.21  for like-care arrangements in the county as surveyed by the 
  1.22  commissioner, except in cases where the provider meets the 
  1.23  eligibility requirements under subdivision 2a in which cases the 
  1.24  rate may not exceed the 80th percentile rate for like-care 
  1.25  arrangements in the county.  A rate which includes a provider 
  1.26  bonus paid under subdivision 2 or a special needs rate paid 
  1.27  under subdivision 3 may be in excess of the maximum rate allowed 
  1.28  under this subdivision.  The department of children, families, 
  1.29  and learning shall monitor the effect of this paragraph on 
  2.1   provider rates.  The county shall pay the provider's full 
  2.2   charges for every child in care up to the maximum established.  
  2.3   The commissioner shall determine the maximum rate for each type 
  2.4   of care, including special needs and handicapped care.  Not less 
  2.5   than once every two years, the county shall evaluate rates for 
  2.6   payment of absent spaces and shall establish policies for 
  2.7   payment of absent days that reflect current market practice.  
  2.8      When the provider charge is greater than the maximum 
  2.9   provider rate allowed, the parent is responsible for payment of 
  2.10  the difference in the rates in addition to any family copayment 
  2.11  fee. 
  2.12     Sec. 2.  Minnesota Statutes 1996, section 119B.13, is 
  2.13  amended by adding a subdivision to read: 
  2.14     Subd. 2a.  [PROVIDER RATE BONUS FOR READING 
  2.15  PROGRAM.] Providers that design and implement an approved 
  2.16  curriculum plan that includes one-on-one reading to each child 
  2.17  at least twice each day shall be paid a five percent bonus above 
  2.18  the maximum rate established in subdivision 1.  For purposes of 
  2.19  this subdivision, the reading plan shall be approved if it meets 
  2.20  the criteria established by the Minnesota early childhood care 
  2.21  and education council. 
  2.22     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.23  119B.17, subdivision 3, is amended to read: 
  2.24     Subd. 3.  [DUTIES AND POWERS.] The council has the 
  2.25  following duties and powers: 
  2.26     (1) develop a biennial plan for early childhood care and 
  2.27  education in the state; 
  2.28     (2) take a leadership role in developing its 
  2.29  recommendations in conjunction with the recommendations of other 
  2.30  state agencies on the state budget for early childhood care and 
  2.31  education; 
  2.32     (3) apply for and receive state money and public and 
  2.33  private grant money; 
  2.34     (4) participate in and facilitate the development of 
  2.35  interagency agreements on early childhood care and education 
  2.36  issues; 
  3.1      (5) review state agency policies on early childhood care 
  3.2   and education issues so that they do not conflict; 
  3.3      (6) advocate for an effective and coordinated early 
  3.4   childhood care and education system with state agencies and 
  3.5   programs; 
  3.6      (7) study the need for child care funding for special 
  3.7   populations whose needs are not being met by current programs; 
  3.8      (8) ensure that the early childhood care and education 
  3.9   system reflects community diversity; and 
  3.10     (9) be responsible for advocating policies and funding for 
  3.11  early childhood care and education; and 
  3.12     (10) establish the appropriate criteria for reading 
  3.13  programs adequately designed to meet the developmental needs of 
  3.14  children in child care for purposes of allowing the increased 
  3.15  reimbursement rate allowed in section 119B.13, subdivision 2a. 
  3.16     Sec. 4.  Minnesota Statutes 1996, section 119B.18, 
  3.17  subdivision 2, is amended to read: 
  3.18     Subd. 2.  [DUTIES.] The regional resource and referral 
  3.19  program shall have the duties specified in section 119B.19.  In 
  3.20  addition, the regional program shall be responsible for 
  3.21  establishing new or collaborating with existing community-based 
  3.22  committees such as interagency early intervention committees or 
  3.23  neighborhood groups to advocate for child care needs in the 
  3.24  community, including school-age child care needs, as well as 
  3.25  serve as important local resources for children and their 
  3.26  families. 
  3.27     Sec. 5.  Minnesota Statutes 1996, section 119B.19, 
  3.28  subdivision 1, is amended to read: 
  3.29     Subdivision 1.  [AUTHORITY.] The commissioner of children, 
  3.30  families, and learning may make grants to public or private 
  3.31  nonprofit agencies for the planning, establishment, expansion, 
  3.32  improvement, or operation of child care resource and referral 
  3.33  programs and child care services, including school-age child 
  3.34  care programs, according to the provisions of this section and 
  3.35  may make grants to county boards to carry out the purposes of 
  3.36  sections 119B.19 to 119B.21. 
  4.1      Sec. 6.  Minnesota Statutes 1996, section 119B.19, is 
  4.2   amended by adding a subdivision to read: 
  4.3      Subd. 3a.  [PROGRAM SERVICES; SCHOOL-AGE CHILD CARE.] The 
  4.4   commissioner may make grants to public or private nonprofit 
  4.5   entities to fund school-age child care programs.  School-age 
  4.6   child care programs shall meet the requirements of section 
  4.7   121.88, subdivision 10. 
  4.8      Sec. 7.  Minnesota Statutes 1996, section 119B.19, 
  4.9   subdivision 4, is amended to read: 
  4.10     Subd. 4.  [GRANT REQUIREMENTS AND PRIORITY.] Priority for 
  4.11  awarding resource and referral grants shall be given in the 
  4.12  following order: 
  4.13     (1) start up resource and referral programs in areas of the 
  4.14  state where they do not exist; and 
  4.15     (2) improve resource and referral programs. 
  4.16     Resource and referral programs shall meet the following 
  4.17  requirements:  
  4.18     (a) Each program shall identify all existing child care 
  4.19  services through information provided by all relevant public and 
  4.20  private agencies in the areas of service, and shall develop a 
  4.21  resource file of the services which shall be maintained and 
  4.22  updated at least quarterly.  These services must include family 
  4.23  day care homes; public and private day care programs; full-time 
  4.24  and part-time programs; infant, preschool, and extended care 
  4.25  programs; and programs for school-age children. 
  4.26     The resource file must include:  the type of program, hours 
  4.27  of program service, ages of children served, fees, location of 
  4.28  the program, eligibility requirements for enrollment, special 
  4.29  needs services, and transportation available to the program.  
  4.30  The file may also include program information and special 
  4.31  program features. 
  4.32     (b) Each resource and referral program shall establish a 
  4.33  referral process which responds to parental need for information 
  4.34  and which fully recognizes confidentiality rights of parents.  
  4.35  The referral process must afford parents maximum access to all 
  4.36  referral information.  This access must include telephone 
  5.1   referral available for no less than 20 hours per week. 
  5.2      Each child care resource and referral agency shall 
  5.3   publicize its services through popular media sources, agencies, 
  5.4   employers, and other appropriate methods. 
  5.5      (c) Each resource and referral program shall maintain 
  5.6   ongoing documentation of requests for service.  All child care 
  5.7   resource and referral agencies must maintain documentation of 
  5.8   the number of calls and contacts to the child care information 
  5.9   and referral agency or component.  A resource and referral 
  5.10  program shall collect and maintain the following information: 
  5.11     (1) ages of children served; 
  5.12     (2) time category of child care request for each child; 
  5.13     (3) special time category, such as nights, weekends, and 
  5.14  swing shift; and 
  5.15     (4) reason that the child care is needed. 
  5.16     (d) Each resource and referral program shall make available 
  5.17  the following information as an educational aid to parents: 
  5.18     (1) information on aspects of evaluating the quality and 
  5.19  suitability of child care services, including licensing 
  5.20  regulation, financial assistance available, child abuse 
  5.21  reporting procedures, appropriate child development information; 
  5.22     (2) information on available parent, early childhood, and 
  5.23  family education programs in the community. 
  5.24     (e) On or after one year of operation a resource and 
  5.25  referral program shall provide technical assistance to employers 
  5.26  and existing and potential providers of all types of child care 
  5.27  services.  This assistance shall include: 
  5.28     (1) information on all aspects of initiating new child care 
  5.29  services including licensing, zoning, program and budget 
  5.30  development, and assistance in finding information from other 
  5.31  sources; 
  5.32     (2) information and resources which help existing child 
  5.33  care providers to maximize their ability to serve the children 
  5.34  and parents of their community; 
  5.35     (3) dissemination of information on current public issues 
  5.36  affecting the local and state delivery of child care services; 
  6.1      (4) facilitation of communication between existing child 
  6.2   care providers and child-related services in the community 
  6.3   served; 
  6.4      (5) recruitment of licensed providers; and 
  6.5      (6) options, and the benefits available to employers 
  6.6   utilizing the various options, to expand child care services to 
  6.7   employees. 
  6.8      Services prescribed by this section must be designed to 
  6.9   maximize parental choice in the selection of child care and to 
  6.10  facilitate the maintenance and development of child care 
  6.11  services and resources. 
  6.12     (f) Child care resource and referral information must be 
  6.13  provided to all persons requesting services and to all types of 
  6.14  child care providers and employers. 
  6.15     (g) Each resource and referral program shall coordinate 
  6.16  early childhood training for child care providers in that 
  6.17  program's service delivery area.  The resource and referral 
  6.18  program shall convene an early a childhood care and education 
  6.19  training advisory committee to assist in the following 
  6.20  activities: 
  6.21     (1) assess the early childhood care and education training 
  6.22  needs of child care center staff and family and group family 
  6.23  child care providers, including both the needs related to early 
  6.24  childhood development and to the development of school-age 
  6.25  children; 
  6.26     (2) coordinate existing both early and school-age childhood 
  6.27  care and education training; 
  6.28     (3) develop new early and school-age childhood care and 
  6.29  education training opportunities; and 
  6.30     (4) publicize all early and school-age childhood training 
  6.31  classes and workshops to child care center staff and family and 
  6.32  group family child care providers in the service delivery area. 
  6.33     (h) Public or private entities may apply to the 
  6.34  commissioner for funding.  A local match of up to 25 percent is 
  6.35  required. 
  6.36     Sec. 8.  Minnesota Statutes 1996, section 119B.19, is 
  7.1   amended by adding a subdivision to read: 
  7.2      Subd. 4a.  [GRANT REQUIREMENTS AND PRIORITY.] Priority for 
  7.3   awarding school-age child care grants shall be given first to 
  7.4   start up school-age child care programs in areas of the state 
  7.5   where they do not exist and second to improve existing 
  7.6   school-age child care programs. 
  7.7      (a) Each school-age child care program shall work with the 
  7.8   early childhood and family education program to make available 
  7.9   as an educational aid to parents information on available 
  7.10  parent, childhood development including early childhood and 
  7.11  school-age development issues, and family education programs in 
  7.12  the community. 
  7.13     (b) Each school-age child care program shall work with the 
  7.14  resource and referral program in the geographic region to 
  7.15  coordinate training for school-age child care providers in that 
  7.16  program's service delivery area. 
  7.17     (c) Public or private entities may apply to the 
  7.18  commissioner for funding.  A local match of up to 25 percent is 
  7.19  required. 
  7.20     Sec. 9.  Minnesota Statutes 1997 Supplement, section 
  7.21  119B.21, subdivision 2, is amended to read: 
  7.22     Subd. 2.  [DISTRIBUTION OF FUNDS.] (a) The commissioner 
  7.23  shall allocate grant money appropriated for child care service 
  7.24  development among the development regions designated by the 
  7.25  governor under section 462.385, considering the following 
  7.26  factors for each economic development region: 
  7.27     (1) the number of children under 13 14 years of age needing 
  7.28  child care in the service area; 
  7.29     (2) the geographic area served by the agency; 
  7.30     (3) the ratio of children under 13 14 years of age needing 
  7.31  child care to the number of licensed spaces in the service area; 
  7.32     (4) the number of licensed child care providers and 
  7.33  extended day school-age child care programs in the service area; 
  7.34  and 
  7.35     (5) other related factors determined by the commissioner. 
  7.36     (b) Out of the amount allocated for each economic 
  8.1   development region, the commissioner shall award grants based on 
  8.2   the recommendation of the child care regional advisory 
  8.3   committees.  In addition, the commissioner shall award no more 
  8.4   than 75 percent of the money either to child care facilities for 
  8.5   the purpose of facility improvement or interim financing or to 
  8.6   child care workers for staff training expenses.  
  8.7      (c) Any funds unobligated may be used by the commissioner 
  8.8   to award grants to proposals that received funding 
  8.9   recommendations by the regional advisory committees but were not 
  8.10  awarded due to insufficient funds.  
  8.11     (d) The commissioner may allocate grants under this section 
  8.12  for a two-year four-year period and may carry forward funds from 
  8.13  the first year as necessary. 
  8.14     Sec. 10.  Minnesota Statutes 1997 Supplement, section 
  8.15  119B.21, subdivision 4, is amended to read: 
  8.16     Subd. 4.  [DISTRIBUTION OF FUNDS FOR CHILD CARE RESOURCE 
  8.17  AND REFERRAL PROGRAMS.] (a) The commissioner shall allocate 
  8.18  funds appropriated for child care resource and referral services 
  8.19  considering the following factors for each economic development 
  8.20  region served by the child care resource and referral agency:  
  8.21     (1) the number of children under 13 14 years of age needing 
  8.22  child care in the service area; 
  8.23     (2) the geographic area served by the agency; 
  8.24     (3) the ratio of children under 13 14 years of age needing 
  8.25  care to the number of licensed spaces in the service area; 
  8.26     (4) the number of licensed child care providers and 
  8.27  extended day school-age child care programs in the service area; 
  8.28  and 
  8.29     (5) other related factors determined by the commissioner.  
  8.30     (b) The commissioner may renew grants to existing resource 
  8.31  and referral agencies that have met state standards and have 
  8.32  been designated as the child care resource and referral service 
  8.33  for a particular geographical area.  The recipients of renewal 
  8.34  grants are exempt from the proposal review process. 
  8.35     Sec. 11.  Minnesota Statutes 1997 Supplement, section 
  8.36  119B.21, subdivision 5, is amended to read: 
  9.1      Subd. 5.  [PURPOSES FOR WHICH A CHILD CARE SERVICES GRANT 
  9.2   MAY BE AWARDED.] The commissioner may award grants for: 
  9.3      (1) child care service development grants for the following 
  9.4   purposes: 
  9.5      (i) for creating new licensed day care facilities and 
  9.6   expanding existing facilities, including, but not limited to, 
  9.7   supplies, equipment, facility renovation, and remodeling; 
  9.8      (ii) for improving licensed day care facility programs, 
  9.9   including, but not limited to, staff specialists, staff 
  9.10  training, supplies, equipment, and facility renovation and 
  9.11  remodeling; 
  9.12     (iii) for supportive child development services including, 
  9.13  but not limited to, in-service training, curriculum development, 
  9.14  consulting specialist, resource centers, and program and 
  9.15  resource materials; 
  9.16     (iv) for carrying out programs including, but not limited 
  9.17  to, staff, supplies, equipment, facility renovation, and 
  9.18  training; 
  9.19     (v) for interim financing; 
  9.20     (vi) family child care technical assistance awards; and 
  9.21     (vii) for capacity building through the purchase of 
  9.22  appropriate technology and software, and staff training to 
  9.23  create, enhance, and maintain financial systems for facilities; 
  9.24     (2) child care resource and referral program services 
  9.25  identified in section 119B.19, subdivision 3; or 
  9.26     (3) targeted recruitment initiatives to expand and build 
  9.27  capacity of the child care system; or 
  9.28     (4) school-age child care programs. 
  9.29     Sec. 12.  Minnesota Statutes 1997 Supplement, section 
  9.30  119B.21, subdivision 11, is amended to read: 
  9.31     Subd. 11.  [ADVISORY TASK FORCE.] The commissioner may 
  9.32  convene a statewide advisory task force which shall advise the 
  9.33  commissioner on grants or other child care issues.  The 
  9.34  following constituent groups must be represented:  family child 
  9.35  care providers, center providers, school-age child care 
  9.36  providers, parent users, health services, social services, Head 
 10.1   Start, public schools, employers, and other citizens with 
 10.2   demonstrated interest in child care issues.  Each regional grant 
 10.3   review committee formed under subdivision 3, shall appoint a 
 10.4   representative to the advisory task force.  Additional members 
 10.5   may be appointed by the commissioner.  The commissioner may 
 10.6   convene meetings of the task force as needed.  Terms of office 
 10.7   and removal from office are governed by the appointing body.  
 10.8   The commissioner may compensate members for their travel, child 
 10.9   care, and child care provider substitute expenses for meetings 
 10.10  of the task force.  
 10.11     Sec. 13.  Minnesota Statutes 1997 Supplement, section 
 10.12  121.88, subdivision 10, is amended to read: 
 10.13     Subd. 10.  [EXTENDED DAY SCHOOL-AGE CHILD CARE PROGRAMS.] 
 10.14  (a) A school board may offer, as part of a community education 
 10.15  program, an extended day a school-age child care program for 
 10.16  children from kindergarten through grade 6 8 for the purpose of 
 10.17  expanding students' learning opportunities.  If the school board 
 10.18  chooses not to offer a school-age child care program, it shall 
 10.19  upon request make the school facilities available free of charge 
 10.20  to a group of parents, a business, or a community or nonprofit 
 10.21  organization for the purpose of offering a school-age child care 
 10.22  program.  A school-age child care program must include the 
 10.23  following: 
 10.24     (1) adult supervised programs while school is not in 
 10.25  session; 
 10.26     (2) parental involvement in program design and direction; 
 10.27     (3) partnerships with the K-12 system, and other public, 
 10.28  private, or nonprofit entities; and 
 10.29     (4) opportunities for trained secondary school pupils to 
 10.30  work with younger children in a supervised setting as part of a 
 10.31  community service program.; 
 10.32     (5) access to the school's facilities, including the 
 10.33  gymnasium, sports equipment, computer labs, and media centers, 
 10.34  when not otherwise in use as part of the operation of the 
 10.35  school; 
 10.36     (6) programs to educate parents about the physical, mental, 
 11.1   and emotional development of children; 
 11.2      (7) programs to enhance the skills of parents in providing 
 11.3   for their children's learning and development; 
 11.4      (8) learning experiences for children and parents that 
 11.5   promote children's development; 
 11.6      (9) activities designed to detect children's physical, 
 11.7   mental, emotional, or behavioral problems that may cause 
 11.8   learning problems; 
 11.9      (10) activities and materials designed to encourage 
 11.10  self-esteem, skills, and behavior that prevent sexual and other 
 11.11  interpersonal violence; 
 11.12     (11) educational materials which may be borrowed for home 
 11.13  use; 
 11.14     (12) information on related community resources; 
 11.15     (13) programs to prevent child abuse and neglect; 
 11.16     (14) other programs or activities to improve the health, 
 11.17  development, and learning readiness of children; or 
 11.18     (15) activities designed to maximize development during the 
 11.19  school-age years. 
 11.20     (b) The district may charge a sliding fee based upon family 
 11.21  income for extended day school-age child care programs.  The 
 11.22  district may receive money from other public or private sources 
 11.23  for the extended day school-age child care program.  The school 
 11.24  board of the district shall develop standards for school-age 
 11.25  child care programs.  Districts with programs in operation 
 11.26  before July 1, 1990, must adopt standards before October 1, 
 11.27  1991.  All other districts must adopt standards Within one year 
 11.28  after the district first offers services under a program 
 11.29  authorized by this subdivision., the state board of education 
 11.30  may not adopt rules for extended day school-age child care 
 11.31  programs. 
 11.32     (c) The district shall maintain a separate account within 
 11.33  the community services fund for all funds related to the 
 11.34  extended day school-age child care program. 
 11.35     (d) A district is encouraged to coordinate the school-age 
 11.36  child care program with its special education, vocational 
 12.1   education, adult basic education, and early childhood family 
 12.2   education programs and with related services provided by other 
 12.3   governmental agencies and nonprofit agencies. 
 12.4      (e) The school board shall appoint a school-age child care 
 12.5   advisory council from the area in which the program is 
 12.6   provided.  A majority of the council shall be parents 
 12.7   participating in the program.  The community education advisory 
 12.8   council shall be represented on the school-age child care 
 12.9   council.  The school-age child care council shall assist the 
 12.10  board in developing, planning, and monitoring the school-age 
 12.11  child care program.  The council shall report to the school 
 12.12  board and the community education advisory council. 
 12.13     Sec. 14.  [STUDY OF STATUTES AND RULES.] 
 12.14     The commissioners of children, families, and learning and 
 12.15  human services shall study and make recommendations to the 
 12.16  legislature by January 15, 1999, regarding the elimination of 
 12.17  existing statutory or rule-based barriers that impede licensed 
 12.18  nursing home facilities from establishing licensed child care 
 12.19  programs. 
 12.20     Sec. 15.  [TASK FORCE.] 
 12.21     The commissioner shall convene a task force, consisting of 
 12.22  parents, educators, law enforcement, community leaders, business 
 12.23  leaders, social service providers, and youth to make 
 12.24  recommendations to the legislature by January 15, 1999, 
 12.25  regarding methods to eliminate duplication, maximize 
 12.26  cost-efficiency and effectiveness, and improve the coordination 
 12.27  between programs serving the needs of youth for appropriate 
 12.28  activities during the hours that school is not in session.  The 
 12.29  task force recommendations shall specifically consider programs 
 12.30  funded through the departments of children, families, and 
 12.31  learning; economic security; corrections; and any others deemed 
 12.32  appropriate for consideration. 
 12.33     Sec. 16.  [APPROPRIATIONS.] 
 12.34     Subdivision 1.  [HEAD START PROGRAM.] For Head Start 
 12.35  programs according to Minnesota Statutes, section 268.914: 
 12.36       $.,...,...     .....     1999 
 13.1   for competitive grants to local Head Start agencies for full 
 13.2   year programming for children ages zero to three.  
 13.3      Subd. 2.  [BASIC SLIDING FEE CHILD CARE.] For child care 
 13.4   assistance according to Minnesota Statutes, section 119B.03: 
 13.5        $.,...,...     .....     1999 
 13.6      Subd. 3.  [CHILD CARE EDUCATION AND TRAINING.] For child 
 13.7   development education and training loans according to Minnesota 
 13.8   Statutes, section 119B.17, subdivision 3: 
 13.9        $.,...,...     .....     1999 
 13.10     Subd. 4.  [CHILD CARE DEVELOPMENT.] For child care 
 13.11  development grants according to Minnesota Statutes, section 
 13.12  119B.21: 
 13.13       $.,...,...     .....     1999 
 13.14     Of the fiscal year 1999 appropriation, up to $....... is 
 13.15  for the following grants:  
 13.16     (1) a grant to develop and distribute a curriculum for 
 13.17  home-based child care programs to assist home-care providers in 
 13.18  meeting the developmental needs of the children in their care; 
 13.19     (2) a grant to develop and distribute a curriculum for 
 13.20  school-age child care programs to assist school-age child care 
 13.21  providers in meeting the developmental needs of the children in 
 13.22  their care; and 
 13.23     (3) a grant to establish or improve school-age child care 
 13.24  programs.