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HF 3623

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

Bill Text Versions

Engrossments
Introduction Posted on 03/16/2006

Current Version - as introduced

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A bill for an act
relating to education; providing funding for early childhood and family
education; allocating Head Start funds; educating new parents; extending early
childhood and family education programs and providing for grants; providing for
a kindergarten readiness assessment and intervention pilot program; providing for
a grant program for child care providers to offer school readiness; appropriating
money: amending Minnesota Statutes 2004, sections 119A.50, subdivision 1;
119A.52; 119A.53; 119A.545; 124D.13, subdivisions 2, 3; Laws 2005, First
Special Session chapter 5, article 7, section 20, subdivision 5; proposing coding
for new law in Minnesota Statutes, chapters 119A; 124D; repealing Minnesota
Statutes 2004, section 119A.51.

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

Section 1.

Minnesota Statutes 2004, section 119A.50, subdivision 1, is amended to read:


Subdivision 1.

Department of Education.

The Department of Education is the
state agency responsible for administering the Head Start program. The commissioner
of education deleted text begin may make grantsdeleted text end new text begin shall allocate funds according to the formula in section
119A.52
new text end to public or private nonprofit agencies for the purpose of providing supplemental
funds for the federal Head Start program.

Sec. 2.

Minnesota Statutes 2004, section 119A.52, is amended to read:


119A.52 DISTRIBUTION OF APPROPRIATION deleted text begin AND PROGRAM
COORDINATION
deleted text end .

The commissioner of education deleted text begin must distributedeleted text end new text begin shall allocatenew text end money appropriated
for that purpose tonew text begin federally designatednew text end Head Start deleted text begin program granteesdeleted text end new text begin programsnew text end to expand
services and to serve additional low-income children. deleted text begin Money must be allocated to each
project Head Start grantee in existence on the effective date of Laws 1989, chapter 282.
deleted text end
Migrant and Indian reservation deleted text begin granteesdeleted text end new text begin programsnew text end must be initially allocated money
based on the deleted text begin grantees'deleted text end new text begin programs'new text end share of federal funds. The remaining money must be
deleted text begin initiallydeleted text end allocated to the remaining local agencies based deleted text begin equally on the agencies' share of
federal funds and on the proportion of eligible children in the agencies' service area who
are not currently being served.
deleted text end new text begin upon the program's portion of eligible children not being
served within the geographic service area. Programs whose federal allocation exceeds
the number of eligible children within the geographic service area shall not receive an
allocation of state funds.
new text end A Head Start deleted text begin granteedeleted text end new text begin program receiving an allocation of state
funds
new text end must be funded at a per child rate equal to its contracted, federally funded base level
deleted text begin for program accounts 20, 22, and 25deleted text end at the start of the fiscal year. deleted text begin In allocating funds under
this paragraph, the commissioner of education must assure that each Head Start grantee is
allocated no less funding in any fiscal year than was allocated to that grantee in fiscal year
1993. The commissioner may provide additional funding to grantees for start-up costs
incurred by grantees due to the increased number of children to be served.
deleted text end Before paying
money to the deleted text begin granteesdeleted text end new text begin programsnew text end , the commissioner must notify each deleted text begin granteedeleted text end new text begin programnew text end of
its initial allocation, how the money must be used, and the number of low-income children
deleted text begin that mustdeleted text end new text begin tonew text end be served with the allocationnew text begin based upon the federally funded per child ratenew text end .
Each deleted text begin granteedeleted text end new text begin programnew text end must present a deleted text begin workdeleted text end plan deleted text begin to the commissioner for approval. The
work plan must include the estimated number of low-income children and families it will
be able to serve, a description of the program design and service delivery area which
meets the needs of and encourages access by low-income working families, a program
design that ensures fair and equitable access to Head Start services for all populations and
parts of the service area, and a plan for coordinating services to maximize assistance for
child care costs available to families under chapter 119B.
deleted text end new text begin on the forms prescribed by
the commissioner under section 119A.535. Payments to programs shall be based on
the reported number of children actually served at the federally funded per child rate.
Programs shall be allowed to receive an advance of 25 percent of the total allocation at
the beginning of each fiscal year.
new text end For any deleted text begin granteedeleted text end new text begin programnew text end that new text begin is not demonstrating
under section 119A.536, that they will actually serve the number of children the program
is funded to serve and therefor
new text end cannot utilize its full allocation, the commissioner must
reduce the allocation proportionately. Money available after the initial allocations are
reduced must be redistributed to eligible deleted text begin granteesdeleted text end new text begin programs demonstrating ability to serve
additional children
new text end .new text begin The redistribution of funds shall occur according to a schedule
determined by the commissioner.
new text end

Sec. 3.

Minnesota Statutes 2004, section 119A.53, is amended to read:


119A.53 FEDERAL REQUIREMENTS.

deleted text begin Granteesdeleted text end new text begin Programs new text end and the commissioner shall comply with federal regulations
governing the federal Head Start programdeleted text begin , except for funding for innovative initiatives
under section 119A.52, which may be used to operate differently than federal Head
Start regulations
deleted text end . If a state statute or rule conflicts with a federal statute or regulation,
the state statute or rule prevails.

Sec. 4.

new text begin [119A.535] APPLICATION REQUIREMENTS.
new text end

new text begin Eligible Head Start organizations must submit a plan to the department for approval
on a form and in the manner prescribed by the commissioner. The plan must include:
new text end

new text begin (1) the estimated number of low-income children and families the program will be
able to serve;
new text end

new text begin (2) a description of the program design and service delivery area which meets the
needs of and encourages access by low-income working families;
new text end

new text begin (3) a program design that ensures fair and equitable access to Head Start services for
all populations and parts of the service area; and
new text end

new text begin (4) a plan for coordinating services to maximize assistance for child care costs
available to families under chapter 119B.
new text end

Sec. 5.

new text begin [119A.536] REPORTING REQUIREMENTS.
new text end

new text begin Programs receiving Head Start funds must report to the commissioner the number of
children actually served according to the schedule determined and forms prescribed by
the commissioner.
new text end

Sec. 6.

Minnesota Statutes 2004, section 119A.545, is amended to read:


119A.545 AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER
PERIODS.

The commissioner of education may waive requirements under sections 119A.50
to deleted text begin 119A.53deleted text end new text begin 119A.535new text end , for up to nine months after the disaster, for Head Start deleted text begin granteesdeleted text end
new text begin programs new text end in areas where a federal disaster has been declared under United States Code,
title 42, section 5121, et seq., or the governor has exercised authority under chapter 12.
The commissioner shall notify the chairs of the new text begin appropriate new text end senate deleted text begin Family and Early
Childhood Education Budget Division, the senate Education Finance Committee, the
deleted text end new text begin and
new text end house deleted text begin Family and Early Childhood Education Finance Division, the house Education
Committee, and the house Ways and Means Committee
deleted text end new text begin committees new text end ten days before the
effective date of any waiver granted under this section.

Sec. 7.

new text begin [124D.129] EDUCATE PARENTS PARTNERSHIP.
new text end

new text begin The commissioner must work in partnership with health care providers and
community organizations to provide parent education information to parents of newborns
at the time of birth. The commissioner must coordinate the partnership and the distribution
of informational material to the parents of newborns before they leave the hospital.
The commissioner must develop a resource Web site that promotes, at a minimum, the
department Web site for information and links to resources on child development, parent
education, child care, and consumer safety information.
new text end

Sec. 8.

Minnesota Statutes 2004, section 124D.13, subdivision 2, is amended to read:


Subd. 2.

Program characteristics.

new text begin (a) new text end new text begin new text end Early childhood family education programs
are programs for children in the period of life from birth to kindergarten, for the parentsnew text begin
and other relatives
new text end of deleted text begin suchdeleted text end new text begin these new text end children, and for expectant parents. To the extent
that funds are insufficient to provide programs for all children, early childhood family
education programs should emphasize programming for a child from birth to age three
and encourage parentsnew text begin and other relativesnew text end to involve four- and five-year-old children in
school readiness programs, and other public and nonpublic early learning programs. Early
childhood family education programs may include the following:

(1) programs to educate parentsnew text begin and other relativesnew text end about the physical, mental,
and emotional development of children;

(2) programs to enhance the skills of parentsnew text begin and other relativesnew text end in providing for
their children's learning and development;

(3) learning experiences for children and parentsnew text begin and other relativesnew text end that promote
children's development;

(4) activities designed to detect children's physical, mental, emotional, or behavioral
problems that may cause learning problems;

(5) activities and materials designed to encourage self-esteem, skills, and behavior
that prevent sexual and other interpersonal violence;

(6) educational materials which may be borrowed for home use;

(7) information on related community resources;

(8) programs to prevent child abuse and neglect;

(9) other programs or activities to improve the health, development, and school
readiness of children; or

(10) activities designed to maximize development during infancy.

The programs must not include activities for children that do not require substantial
involvement of the children's parentsnew text begin or other relativesnew text end . The programs must be reviewed
periodically to assure the instruction and materials are not racially, culturally, or sexually
biased. The programs must encourage parents to be aware of practices that may affect
equitable development of children.

new text begin (b) For the purposes of this section, "relative" or "relatives" means noncustodial
grandparents or other persons related to a child by blood, marriage, adoption, or foster
placement, excluding parents.
new text end

Sec. 9.

Minnesota Statutes 2004, section 124D.13, subdivision 3, is amended to read:


Subd. 3.

Substantial parental involvement.

The requirement of substantial
parentalnew text begin new text end new text begin or other relativenew text end involvement in subdivision 2 means that:

(a) parentsnew text begin or other relativesnew text end must be physically present much of the time in classes
with their children or be in concurrent classes;

(b) parenting education or family education must be an integral part of every early
childhood family education program;

(c) early childhood family education appropriations must not be used for traditional
day care or nursery school, or similar programs; and

(d) the form of parent involvement common to kindergarten, elementary school, or
early childhood special education programs such as parent conferences, newsletters, and
notes to parents do not qualify a program under subdivision 2.

Sec. 10.

new text begin [124D.137] EARLY CHILDHOOD AND FAMILY EDUCATION (ECFE)
PROGRAM GRANTS.
new text end

new text begin (a) A grant program is established to extend early childhood and family education
(ECFE) programs to licensed family child care providers as defined under section 245A.02
subdivision 19, and family, friend, and neighbor caregivers. ECFE programs may apply
for a grant to develop and implement a service model to assist child care providers and
caregivers to include an educational curriculum and developmental assessment appropriate
to the age of the children cared for by the provider or caregiver and parent education
support that the provider or caregiver can share with parents of the children.
new text end

new text begin (b) An ECFE program must submit an application to the commissioner in the form
and manner prescribed by the commissioner. The application must describe how the
applicant will develop and implement a service model. To the extent practicable, grant
recipients must be located throughout the state with at least one grant recipient in each of
the governor's economic development regions and each of the counties in the Minneapolis
and St. Paul metropolitan area. In addition to the geographical distribution of funds, the
commissioner shall consider the equitable distribution of grant funds to reflect the cultural
diversity of the service area.
new text end

Sec. 11.

new text begin [124D.162] KINDERGARTEN READINESS ASSESSMENT;
INTERVENTION PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Assessment. new text end

new text begin The commissioner of education must implement
a kindergarten readiness assessment representative of incoming kindergartners. The
assessment must be based on the Department of Education Kindergarten Readiness
Assessment at kindergarten entrance pilot study.
new text end

new text begin Subd. 2. new text end

new text begin Intervention. new text end

new text begin A school district that participates in the kindergarten
readiness assessment under subdivision 1 must establish a kindergarten readiness
intervention pilot program to provide additional instruction for children who are assessed
and identified as being not yet proficient in the developmental areas of language, literacy,
and mathematical thinking. Each child will have a locally determined intervention
strategy focusing the curriculum content on the individualized needs of that child. The
commissioner, at a district's request, must assist the district and the school to develop
the intervention program. At the end of the kindergarten school year, the district must
reassess each child who receives an intervention to evaluate the progress of the child
over the kindergarten year and the success of the intervention strategy developed for that
child. The district must report the results of the intervention and year-end assessment to
the commissioner.
new text end

Sec. 12.

new text begin [124D.163] GRANT PROGRAM FOR SCHOOL READINESS IN
CHILD CARE SETTINGS .
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A grant program is established to assist child care
centers, licensed family child care providers as defined under section 245A.02, and family,
friend, and neighbor caregivers to provide an educational component and implement
school readiness criteria in the child care setting.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility; application process. new text end

new text begin (a) An applicant for a grant must be:
new text end

new text begin (1) a child care center eligible to participate in the federal Child and Adult Care
Food Program;
new text end

new text begin (2) licensed family child care provider as defined under section 245A.02;
new text end

new text begin (3) family, friend, or neighbor caregiver; or
new text end

new text begin (4) organization serving family, friend, or neighbor caregivers.
new text end

new text begin (b) An applicant must develop a plan to implement the school readiness program
requirements as described under section 124D.15, subdivision 3. The applicant must
submit an application to the commissioner of education in the form and manner determined
by the commissioner. The application must include a description of the applicant's plan
to implement the school readiness program requirements.
new text end

new text begin Subd. 3. new text end

new text begin Grant review; award. new text end

new text begin When reviewing an application, the commissioner
of education must determine whether all the requirements of subdivision 2 are met and
whether the applicant is able to implement its school readiness plan. The commissioner
may award grants to eligible applicants on a first come, first served basis to the extent that
funds are available. To the extent practicable, grant recipients must be located throughout
the state with at least one recipient in each of the governor's economic development
regions and each of the counties in the Minneapolis and St. Paul metropolitan area. In
addition to the geographical distribution of funds, the commissioner must consider the
equitable distribution of grant funds to reflect the cultural diversity of the service area.
new text end

new text begin Subd. 4. new text end

new text begin Grant proceeds; certification. new text end

new text begin (a) A recipient must use the grant proceeds
to implement its school readiness plan. A recipient meeting the requirements of section
124D.15, subdivision 3, shall receive certification from the commissioner designating the
recipient as a child care provider or caregiver that provides an educational component and
promotes school readiness in the child care setting.
new text end

new text begin (b) The commissioner of education must publicize a list of all child care providers
and caregivers receiving certification under this subdivision. The commissioner of human
services must include the certified child care providers and caregivers in its child care
resource and referral database.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin A grant recipient must demonstrate the impact of the educational
component and school readiness program requirements on the children in the child care
setting to the commissioner of education in a manner determined by the commissioner.
new text end

Sec. 13.

Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
5, is amended to read:



Subd. 5. Head Start program. For Head Start programs under Minnesota Statutes,
section 119A.52:


$
19,100,000
.....
2006
$
19,100,000
.....
2007

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

Sec. 14. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Educate parents. new text end

new text begin For the Educate Parents Partnership under Minnesota
Statutes, section 124D.129:
new text end

new text begin The base for this program in fiscal year 2008 and later is $50,000.
new text end

new text begin $
new text end
new text begin 80,000
new text end
new text begin .....
new text end
new text begin 2007
new text end

new text begin Subd. 3. new text end

new text begin School readiness in child care settings. new text end

new text begin For grants to licensed family
child care providers and caregivers to implement school readiness programs under
Minnesota Statutes, section 124D.163:
new text end

new text begin $
new text end
new text begin 6,100,000
new text end
new text begin .....
new text end
new text begin 2007
new text end

new text begin Of this amount, $146,000 is to administer the grant program.
new text end

new text begin Subd. 4. new text end

new text begin School readiness assessment and intervention pilot program. new text end

new text begin For
the kindergarten readiness assessment and intervention pilot program under Minnesota
Statutes, section 124D.162:
new text end

new text begin $
new text end
new text begin 1,787,000
new text end
new text begin .....
new text end
new text begin 2007
new text end

new text begin Of this amount, $1,273,000 will be allocated to school districts at a rate of $1,000
per student identified as not yet proficient in language and literacy and $1,000 per student
identified as not yet proficient in mathematical thinking.
new text end

new text begin Of this amount, $514,000 is for the scoring of the student assessments, development,
and management of assessment database, teacher stipends, and training and technical
assistance to school districts.
new text end

new text begin Subd. 5. new text end

new text begin Early childhood and family education program grants. new text end

new text begin For grants to
extend early childhood and family education (ECFE) programs under Minnesota Statutes,
section 124D.137:
new text end

new text begin $
new text end
new text begin 2,100,000
new text end
new text begin .....
new text end
new text begin 2007
new text end

new text begin Of this amount, $124,000 is to administer the grant program and develop and
maintain a program database.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 119A.51, new text end new text begin is repealed.
new text end