as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to early childhood education; making changes 1.3 to adult basic education programs; modifying child 1.4 care licensing and inservice training requirements; 1.5 transferring energy assistance programs; changing 1.6 eligibility for individual development accounts; 1.7 changing requirements for child care assistance; 1.8 appropriating money; amending Minnesota Statutes 1998, 1.9 sections 124D.52, subdivisions 1, 2, 3, and by adding 1.10 subdivisions; and 245A.14, subdivision 4, and by 1.11 adding subdivisions; Minnesota Statutes 1999 1.12 Supplement, sections 119B.011, subdivision 20; and 1.13 124D.53, subdivision 3; Laws 1998, First Special 1.14 Session chapter 1, article 1, sections 10, subdivision 1.15 1, as amended; and 11, subdivision 2, as amended; Laws 1.16 1999, chapter 205, article 1, sections 65; and 71, 1.17 subdivisions 3, 7, and 9; Laws 1999, chapter 205, 1.18 article 2, section 4, subdivisions 2, 3, and 4; Laws 1.19 1999, chapter 205, article 3, section 5, subdivision 1.20 9; Laws 1999, chapter 205, article 4, section 12, 1.21 subdivisions 5, 6, and 7; proposing coding for new law 1.22 in Minnesota Statutes, chapter 124D; repealing 1.23 Minnesota Statutes 1998, section 124D.53; Laws 1998, 1.24 First Special Session chapter 1, article 1, section 1.25 10, subdivision 2, as amended. 1.26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.27 Section 1. Minnesota Statutes 1999 Supplement, section 1.28 119B.011, subdivision 20, is amended to read: 1.29 Subd. 20. [TRANSITION YEAR FAMILIES.] "Transition year 1.30 families" means families who have received MFIP assistance, or 1.31 who were eligible to receive MFIP assistance after choosing to 1.32 discontinue receipt of the cash portion of MFIP assistance under 1.33 section 256J.31, subdivision 12, for at least three of the last 1.34 six months before losing eligibility for MFIP
due to increased1.35 income from employment or child or spousal supportor families 2.1 participating in work first under chapter 256K who meet the 2.2 requirements of section 256K.07. Transition year child care may 2.3 be used to support employment or job search. Transition year 2.4 child care is not available to families who have been 2.5 disqualified from MFIP due to fraud. 2.6 Sec. 2. [124D.515] [ADULT BASIC EDUCATION AID 2.7 DEFINITIONS.] 2.8 Subdivision 1. [APPLICABILITY.] The definitions in this 2.9 section apply to sections 124D.52 to 124D.531. 2.10 Subd. 2. [CONTACT HOURS.] "Contact hours" means the number 2.11 of hours during which a student was engaged in learning 2.12 activities provided by an approved adult education program. 2.13 Contact hours excludes homework, but includes interactive 2.14 distance learning. The commissioner may reallocate contact 2.15 hours among programs to adjust for changes in program membership 2.16 between the first prior program year and the current program 2.17 year. For fiscal year 2000, the commissioner may assign contact 2.18 hours to a program providing statewide supplemental services. 2.19 Subd. 3. [FIRST PRIOR PROGRAM YEAR.] "First prior program 2.20 year" means the period from May 1 of the second prior fiscal 2.21 year through April 30 of the first prior fiscal year. 2.22 Subd. 4. [UNREIMBURSED EXPENSES.] "Unreimbursed expenses" 2.23 means allowable adult basic education expenses of a program that 2.24 are not covered by payments from federal or private for-profit 2.25 sources. 2.26 Sec. 3. Minnesota Statutes 1998, section 124D.52, 2.27 subdivision 1, is amended to read: 2.28 Subdivision 1. [PROGRAM REQUIREMENTS.] An adult basic 2.29 education program is a day or evening program offered by a 2.30 district that is for people over 16 years of age who do not 2.31 attend an elementary or secondary school. The program offers 2.32 academic instruction necessary to earn a high school diploma or 2.33 equivalency certificate. Tuition and fees may not be charged to 2.34 a learner for instruction paid under this section, except for a 2.35 security deposit to assure return of materials, supplies, and 2.36 equipment. 3.1 Each approved adult basic education program must develop a 3.2 memorandum of understanding with the local workforce development 3.3 centers located in the approved program's service delivery 3.4 area. The memorandum of understanding must describe how the 3.5 adult basic education program and the workforce development 3.6 centers will cooperate and coordinate services to provide 3.7 unduplicated, efficient, and effective services to clients. 3.8 Sec. 4. Minnesota Statutes 1998, section 124D.52, 3.9 subdivision 2, is amended to read: 3.10 Subd. 2. [PROGRAM APPROVAL.] (a) To receive aid under this 3.11 section, a district, a consortium of districts, or a private 3.12 nonprofit organization must submit an application by June 1 3.13 describing the program, on a form provided by the department. 3.14 The program must be approved by the commissioner according to 3.15 the following criteria: 3.16 (1) how the needs of different levels of learning will be 3.17 met; 3.18 (2) for continuing programs, an evaluation of results; 3.19 (3) anticipated number and education level of participants; 3.20 (4) coordination with other resources and services; 3.21 (5) participation in a consortium, if any, and money 3.22 available from other participants; 3.23 (6) management and program design; 3.24 (7) volunteer training and use of volunteers; 3.25 (8) staff development services; 3.26 (9) program sites and schedules; and3.27 (10) program expenditures that qualify for aid; 3.28 (11) program ability to provide data related to learner 3.29 outcomes as required by law; and 3.30 (12) a copy of the memorandum of understanding described in 3.31 subdivision 1 submitted to the commissioner. 3.32 (b) The commissioner may grant adult basic education funds3.33 to a private, nonprofit organization to provide services that3.34 are not offered by a district or that are supplemental to a3.35 district's program. The program provided under this provision3.36 must be approved and funded according to the same criteria used4.1 for district programs.4.2 (c)Adult basic education programs may be approved under 4.3 this subdivision for up to five years. Five-year program 4.4 approval must be granted to an applicant who has demonstrated 4.5 the capacity to: 4.6 (1) offer comprehensive learning opportunities and support 4.7 service choices appropriate for and accessible to adults at all 4.8 basic skill need levels; 4.9 (2) provide a participatory and experiential learning 4.10 approach based on the strengths, interests, and needs of each 4.11 adult, that enables adults with basic skill needs to: 4.12 (i) identify, plan for, and evaluate their own progress 4.13 toward achieving their defined educational and occupational 4.14 goals; 4.15 (ii) master the basic academic reading, writing, and 4.16 computational skills, as well as the problem-solving, decision 4.17 making, interpersonal effectiveness, and other life and learning 4.18 skills they need to function effectively in a changing society; 4.19 (iii) locate and be able to use the health, governmental, 4.20 and social services and resources they need to improve their own 4.21 and their families' lives; and 4.22 (iv) continue their education, if they desire, to at least 4.23 the level of secondary school completion, with the ability to 4.24 secure and benefit from continuing education that will enable 4.25 them to become more employable, productive, and responsible 4.26 citizens; 4.27 (3) plan, coordinate, and develop cooperative agreements 4.28 with community resources to address the needs that the adults 4.29 have for support services, such as transportation, flexible 4.30 course scheduling, convenient class locations, and child care; 4.31 (4) collaborate with business, industry, labor unions, and 4.32 employment-training agencies, as well as with family and 4.33 occupational education providers, to arrange for resources and 4.34 services through which adults can attain economic 4.35 self-sufficiency; 4.36 (5) provide sensitive and well trained adult education 5.1 personnel who participate in local, regional, and statewide 5.2 adult basic education staff development events to master 5.3 effective adult learning and teaching techniques; 5.4 (6) participate in regional adult basic education peer 5.5 program reviews and evaluations; and5.6 (7) submit accurate and timely performance and fiscal 5.7 reports; and 5.8 (8) submit accurate and timely reports related to program 5.9 outcomes and learner follow-up information. 5.10 (c) The commissioner shall require each district to provide 5.11 notification by February 1, 2001, of its intent to apply for 5.12 funds under this section as a single district or as part of an 5.13 identified consortium of districts. A district receiving funds 5.14 under this section must notify the commissioner by February 1 of 5.15 its intent to change its application status for applications due 5.16 the following June 1. 5.17 Sec. 5. Minnesota Statutes 1998, section 124D.52, 5.18 subdivision 3, is amended to read: 5.19 Subd. 3. [ACCOUNTS; REVENUE; AID.] Each district, group of 5.20 districts, or private nonprofit organization providing adult 5.21 basic education programs must establish and maintain accounts 5.22 separate from all other district accounts for the receipt and 5.23 disbursement of all funds related to these programs. All 5.24 revenue received pursuant to this section must be utilized 5.25 solely for the purposes of adult basic education programs. 5.26 Federal andState aid plus levymust not equal more than 100 5.27 percent of the actual costunreimbursed expenses of providing 5.28 these programs, excluding in-kind costs. 5.29 Sec. 6. Minnesota Statutes 1998, section 124D.52, is 5.30 amended by adding a subdivision to read: 5.31 Subd. 6. [COOPERATIVE ENGLISH AS A SECOND LANGUAGE AND 5.32 ADULT BASIC EDUCATION PROGRAMS.] (a) A school district, or adult 5.33 basic education consortium that receives revenue under section 5.34 124D.531 may deliver English as a second language, citizenship, 5.35 or other adult education programming in collaboration with 5.36 community-based and nonprofit organizations located within its 6.1 district or region, and with correctional institutions. The 6.2 organization or correctional institution must have the 6.3 demonstrated capacity to offer education programs for adults. 6.4 Community-based or nonprofit organizations must meet the 6.5 criteria in paragraph (b) or have prior experience. A 6.6 community-based or nonprofit organization or a correctional 6.7 institution may be reimbursed for unreimbursed expenses as 6.8 defined in section 124D.515, subdivision 4, for the 6.9 administration of English as a second language or adult basic 6.10 education programs, not to exceed eight percent of the total 6.11 funds provided by a school district or adult basic education 6.12 consortium. The administrative reimbursement for a school 6.13 district or adult basic education consortium that delivers 6.14 services cooperatively with a community-based or nonprofit 6.15 organization or correctional institution is limited to eight 6.16 percent of the program aid not to exceed the unreimbursed 6.17 expenses of administering programs delivered by community-based 6.18 or nonprofit organizations or correctional institutions. 6.19 (b) A community-based organization or nonprofit 6.20 organization that delivers education services under this section 6.21 must demonstrate that it has met the following criteria: 6.22 (1) be legally established as a nonprofit organization; 6.23 (2) have an established system for fiscal accounting and 6.24 reporting that is consistent with the department of children, 6.25 families, and learning's adult basic education completion report 6.26 and reporting requirements under section 124D.531; 6.27 (3) require all instructional staff to complete a training 6.28 course in teaching adult learners; and 6.29 (4) develop a learning plan for each student that 6.30 identifies defined educational and occupational goals with 6.31 measures to evaluate progress. 6.32 Sec. 7. Minnesota Statutes 1998, section 124D.52, is 6.33 amended by adding a subdivision to read: 6.34 Subd. 7. [PERFORMANCE ACCOUNTABILITY SYSTEM.] A 6.35 performance accountability system is created to assess the 6.36 effectiveness of adult basic education programs. The following 7.1 core indicators must be included in the accountability system: 7.2 (1) demonstrated improvements in literacy skill levels in 7.3 reading, writing, and speaking the English language, numeracy, 7.4 problem-solving, English language acquisition, and other 7.5 literacy skills; 7.6 (2) placement in, retention in, or completion of 7.7 post-secondary education, training, unsubsidized employment or 7.8 career advancement; and 7.9 (3) receipt of a secondary school diploma or its recognized 7.10 equivalent. 7.11 A district, group of districts, state agency, or private 7.12 nonprofit organization providing an adult basic education 7.13 program must request each learner to provide the learner's 7.14 social security number. When a learner in such a program is 7.15 requested to provide the learner's social security number, the 7.16 learner must be notified in a form easily understandable to the 7.17 learner that (i) providing the social security number is 7.18 optional, and (ii) if the learner provides the social security 7.19 number it will be used to assess the effectiveness of the 7.20 program by tracking the learner's subsequent career. The 7.21 learner must be notified that the social security number will be 7.22 shared with the department of children, families, and learning 7.23 and the department of economic security in order to accomplish 7.24 this purpose. 7.25 Each quarter, a district, group of districts, state agency, 7.26 or private nonprofit organization providing programs under this 7.27 section must forward social security numbers it receives from 7.28 learners to the department of children, families, and learning. 7.29 For the purposes of longitudinal studies on the employment 7.30 status of former learners under this section, the department of 7.31 children, families, and learning must forward the social 7.32 security numbers to the department of economic security to 7.33 electronically match the social security numbers of former 7.34 learners with wage detail reports filed under section 268.044. 7.35 The results of data matches must, for purposes of this 7.36 section and consistent with the requirements of United States 8.1 Code, title 29, section 2871, of the Workforce Investment Act of 8.2 1998, be compiled in longitudinal form by the department of 8.3 economic security and released to the department of children, 8.4 families, and learning in the form of summary data that does not 8.5 identify the individual learners. The department of children, 8.6 families, and learning may release this summary data. Funding 8.7 for adult basic education programs must not be based on the 8.8 number or percentage of learners who decline to provide their 8.9 social security numbers. 8.10 Sec. 8. [124D.521] [ADULT BASIC EDUCATION POLICY REVIEW 8.11 BOARD.] 8.12 Subdivision 1. [ESTABLISHMENT.] A nine member adult basic 8.13 education policy review board is established to advise the 8.14 commissioner on program and funding policies for adult basic 8.15 education programs that receive aid under section 124D.531. The 8.16 commissioner shall appoint board members to two-year terms 8.17 beginning in October 2000. Members do not receive per diem or 8.18 reimbursement for expenses. At a minimum, the board must hold 8.19 two meetings a year. All other matters of the board's 8.20 operation, except expiration of the board under subdivision 4, 8.21 are governed by section 15.069. 8.22 Subd. 2. [MEMBERSHIP.] Seven members are appointed from a 8.23 list of candidates provided to the commissioner by the Minnesota 8.24 community education association and Literacy Minnesota by August 8.25 15 of the even-numbered years. At a minimum, the list must have 8.26 four recommended candidates from rural adult basic education 8.27 programs, four from suburban adult basic education programs, 8.28 four from urban adult basic education programs, and two 8.29 candidates from nonprofit organizations that provide adult basic 8.30 education services or provide support services to adult basic 8.31 education programs. The commissioner must appoint two members 8.32 of the board from rural programs, two members from suburban 8.33 programs, two members from urban programs, and one member from 8.34 the nonprofit group. The commissioner may appoint one former 8.35 adult basic education learner and one current adult basic 8.36 education learner to the board. Members of the legislature and 9.1 representatives of other concerned groups may be included as ex 9.2 officio members of the board. 9.3 Subd. 3. [DUTIES.] The policy review board must: 9.4 (1) advise the commissioner on a mission statement for a 9.5 statewide system of adult basic education programs that includes 9.6 educational outcomes, services, eligible learners, requirements 9.7 for teacher licensing, expectations for student advancement and 9.8 progress, and recognition of the importance of distance learning 9.9 and other technology-based instruction methods; 9.10 (2) advise the commissioner on adult basic education 9.11 standard policies and procedures; 9.12 (3) advise the commissioner on the adult basic education 9.13 curriculum and course offerings including policies to offer 9.14 computer literacy and other skill-based education through adult 9.15 basic education programs; 9.16 (4) advise the commissioner on outcome-based adult basic 9.17 education funding system that rewards and recognizes student 9.18 progress in attaining educational goals; and 9.19 (5) review statewide grant applications for supplemental 9.20 services under section 124D.522. 9.21 Subd. 4. [EXPIRATION.] The adult basic education policy 9.22 review board expires on September 30, 2003. 9.23 Sec. 9. [124D.522] [ADULT BASIC EDUCATION SUPPLEMENTAL 9.24 SERVICE GRANTS.] 9.25 (a) The commissioner in consultation with the policy review 9.26 board under section 124D.521, may make grants to nonprofit 9.27 organizations to provide services that are not offered by a 9.28 district adult basic education program or that are supplemental 9.29 to either the statewide adult basic education program or a 9.30 district's adult basic education program. The commissioner may 9.31 make grants for: 9.32 (1) staff development for adult basic education teachers 9.33 and administrators; 9.34 (2) training for volunteer tutors; 9.35 (3) training, services, and materials for serving disabled 9.36 students through adult basic education programs; 10.1 (4) statewide promotion of adult basic education services 10.2 and programs; 10.3 (5) development and dissemination of instructional and 10.4 administrative technology for adult basic education programs; 10.5 (6) adult basic education distance learning projects 10.6 including television instruction programs; 10.7 (7) programming at correctional institutions; and 10.8 (8) other supplemental services to support the mission of 10.9 adult basic education and innovative delivery of adult basic 10.10 education services. 10.11 (b) The commissioner must establish eligibility criteria 10.12 and grant application procedures. Grants under this section 10.13 must support services throughout the state, focus on educational 10.14 results for adult learners, and promote outcome-based 10.15 achievement through adult basic education programs. The 10.16 commissioner may make grants under this section from funds 10.17 specifically appropriated for supplemental service grants. A 10.18 grant to a single organization must be for two years or less and 10.19 cannot exceed $200,000 a year. Nothing in this section prevents 10.20 an approved adult basic education program from using state or 10.21 federal aid to purchase supplemental services. Twenty-five 10.22 percent of the appropriation for supplemental service grants 10.23 must be used for grants for adult basic education programs to 10.24 encourage and support innovations in adult basic education 10.25 instruction and service delivery. 10.26 Sec. 10. Minnesota Statutes 1999 Supplement, section 10.27 124D.53, subdivision 3, is amended to read: 10.28 Subd. 3. [AID.] For fiscal year 2000, adult basic 10.29 education aid for each approved program equals $2,295 for fiscal10.30 year 2000 and $2,338 for fiscal year 2001 and later fiscal10.31 years$1,767 times the number of full-time equivalent students 10.32 in its adult basic education program during the first prior 10.33 program year. 10.34 Sec. 11. [124D.531] [ADULT BASIC EDUCATION AID.] 10.35 Subdivision 1. [STATE TOTAL ADULT BASIC EDUCATION AID.] (a) 10.36 The state total adult basic education aid for fiscal year 2001 11.1 equals $30,047,000. The state total adult basic education aid 11.2 for later years equals: 11.3 (1) the state total adult basic education aid for the 11.4 preceding fiscal year; times 11.5 (2) the lesser of (i) 1.05, or (ii) the greater of 1.00 or 11.6 the ratio of the state total contact hours in the first prior 11.7 program year to the state total contact hours in the second 11.8 prior program year. 11.9 (b) The state total adult basic education aid excluding 11.10 basic population aid equals the difference between the amount 11.11 computed in paragraph (a) and the state total basic population 11.12 aid under subdivision 2. 11.13 Subd. 2. [BASIC POPULATION AID.] A district is eligible 11.14 for basic population aid if the district has a basic service 11.15 level approved by the commissioner under section 124D.52, 11.16 subdivision 5, or is a member of a consortium with an approved 11.17 basic service level. Basic population aid is equal to the 11.18 greater of $4,000 or $1.80 times the population of the district. 11.19 District population is determined according to section 275.14. 11.20 Subd. 3. [PROGRAM REVENUE.] Adult basic education programs 11.21 established under section 124D.52 and approved by the 11.22 commissioner are eligible for revenue under this subdivision. 11.23 For fiscal year 2001 and later, adult basic education revenue 11.24 for each approved program equals the sum of: 11.25 (1) the basic population aid under subdivision 2 for 11.26 districts participating in the program during the current 11.27 program year, plus 11.28 (2) 84 percent times the amount computed in subdivision 1, 11.29 paragraph (b), times the ratio of the contact hours for students 11.30 participating in the program during the first prior program year 11.31 to the state total contact hours during the first prior program 11.32 year, plus 11.33 (3) six percent times the amount computed in subdivision 1, 11.34 paragraph (b), times the ratio of the enrollment of students 11.35 with limited English proficiency during the prior school year in 11.36 districts participating in the program during the current 12.1 program year to the state total enrollment of students with 12.2 limited English proficiency during the prior school year in 12.3 districts participating in adult basic education programs during 12.4 the current program year, plus 12.5 (4) six percent times the amount computed in subdivision 1, 12.6 paragraph (b), times the ratio of the latest federal census 12.7 count of the number of adults aged 20 or above with no diploma 12.8 residing in the districts participating in the program during 12.9 the current program year to the latest federal census count of 12.10 the state total number of adults aged 20 or above with no 12.11 diploma residing in the districts participating in adult basic 12.12 education programs during the current program year, plus 12.13 (5) four percent times the amount computed in subdivision 12.14 1, paragraph (b), times the ratio of the number of high school 12.15 drop outs in the second prior school year from school districts 12.16 participating in the program during the current program year to 12.17 the state total number of high school drop outs in the second 12.18 prior school year from school districts participating in the 12.19 program during the current program year. 12.20 Subd. 4. [ADULT BASIC EDUCATION PROGRAM AID LIMIT.] (a) 12.21 Notwithstanding subdivisions 2 and 3, the total adult basic 12.22 education aid for a program per prior year contact hour must not 12.23 exceed four times the rate per prior year contact hour computed 12.24 under subdivision 3, clause (2), except that, for a program with 12.25 four or more member school districts and fewer than 2,000 12.26 contact hours, the total adult basic education aid per prior 12.27 year contact hour must not exceed ten times the rate per prior 12.28 year contact hour computed under subdivision 3, clause (2). 12.29 (b) For fiscal year 2002 and later, the aid for a program 12.30 under subdivision 3, clause (2), adjusted for changes in program 12.31 membership, must not exceed the aid for that program under 12.32 subdivision 3, clause (2), for the first preceding fiscal year 12.33 by more than the greater of 10 percent or $20,000. 12.34 Subd. 5. [AID GUARANTEE.] Notwithstanding subdivisions 1, 12.35 3, and 4, for fiscal year 2001, any adult basic education 12.36 program qualifying for aid under this section, that receives 13.1 less state aid than in fiscal year 2000 must receive additional 13.2 aid equal to the difference between its fiscal year 2000 aid and 13.3 its fiscal year 2001 aid. 13.4 Subd. 6. [PAYMENT OF AID TO FISCAL AGENT.] (a) Except as 13.5 provided in paragraph (b), adult basic education aid must be 13.6 paid directly to the fiscal agent of each approved program. An 13.7 approved program must have only one fiscal agent. 13.8 (b) A district that is part of a consortium may request 13.9 direct payment of basic population aid under subdivision 2. The 13.10 district must make a written request to the commissioner by June 13.11 15 for aid payments the following fiscal year. The request must 13.12 include certification that: 13.13 (1) the district will deposit direct aid payments in a 13.14 separate adult basic education account; and 13.15 (2) the district will use direct aid payments only for 13.16 adult basic education instruction. 13.17 Subd. 7. [PROGRAM AUDIT.] Programs that receive aid under 13.18 this section must maintain records that support the aid 13.19 payments. The commissioner may audit these records upon request. 13.20 The commissioner must establish procedures for conducting fiscal 13.21 audits of adult basic education programs. Beginning with fiscal 13.22 year 2001, the commissioner must, at a minimum, audit five adult 13.23 education programs each year. The programs must be selected 13.24 from a list of all programs that receive aid under this section 13.25 organized by the number of hours of instruction in the prior 13.26 fiscal year. Each year the audited programs must include one 13.27 program with 100,000 or more hours of instruction, one program 13.28 with 50,000 to 100,000 hours of instruction, and three programs 13.29 with less than 50,000 hours of instruction. The commissioner 13.30 must establish procedures to reconcile any discrepancies between 13.31 aid payments based on information reported to the commissioner 13.32 and aid estimates based on a program audit. 13.33 Subd. 8. [FISCAL REPORTS.] Programs that receive aid under 13.34 this section must submit an annual report to the commissioner 13.35 that includes revenue and expense reports for each district and 13.36 provider in the program including instructional services offered 14.1 in partnership with businesses and nonprofit organizations. 14.2 Sec. 12. Minnesota Statutes 1998, section 245A.14, 14.3 subdivision 4, is amended to read: 14.4 Subd. 4. [SPECIAL FAMILY DAY CARE HOMES.] Nonresidential 14.5 child care programs serving 14 or fewer children that are 14.6 conducted at a location other than the license holder's own 14.7 residence shall be licensed under this section and the rules 14.8 governing family day care or group family day care if: 14.9 (a) the license holder is the primary provider of care and 14.10 the nonresidential child care program is conducted in a dwelling 14.11 that is located on a residential lot; or14.12 (b) the license holder is an employer who may or may not be 14.13 the primary provider of care, and the purpose for the child care 14.14 program is to provide child care services to children of the 14.15 license holder's employees; or 14.16 (c) the license holder is a church or religious 14.17 organization. 14.18 Sec. 13. Minnesota Statutes 1998, section 245A.14, is 14.19 amended by adding a subdivision to read: 14.20 Subd. 8. [EXPERIENCED AIDES; CHILD CARE CENTERS.] (a) An 14.21 individual employed as an aide at a child care center may work 14.22 with children without being directly supervised for up to 25 14.23 percent of the individual's daily work shift if: 14.24 (1) a teacher is in the building; 14.25 (2) the individual has received first aid training within 14.26 the last three years; and 14.27 (3) the individual has at least 4,160 hours of child care 14.28 experience as defined in Minnesota Statutes, section 245A.02, 14.29 subdivision 6b. 14.30 (b) The use of an experienced aide working without direct 14.31 supervision under paragraph (a) is limited to 25 percent of each 14.32 classroom's daily hours of operation. 14.33 (c) A child care center that uses experienced aides under 14.34 this subdivision must notify the commissioner once per year. 14.35 The notification must indicate the approximate number of hours 14.36 per classroom per month that this subdivision is used. Upon 15.1 enrollment and once each year, child care centers must report to 15.2 parents or guardians if they use experienced aides under this 15.3 subdivision. 15.4 (d) This subdivision sunsets June 30, 2003. 15.5 Sec. 14. Minnesota Statutes 1998, section 245A.14, is 15.6 amended by adding a subdivision to read: 15.7 Subd. 9. [INSERVICE TRAINING; CHILD CARE CENTERS.] (a) A 15.8 teacher at a child care center must complete one percent of 15.9 working hours of inservice training annually if the teacher: 15.10 (1) possesses a baccalaureate or masters degree in early 15.11 childhood education, or school age care; 15.12 (2) is licensed in Minnesota as a prekindergarten teacher, 15.13 an early childhood educator, a kindergarten to sixth grade 15.14 teacher with a prekindergarten specialty, an early childhood 15.15 special education teacher, or an elementary teacher with a 15.16 kindergarten endorsement; or 15.17 (3) possesses a baccalaureate degree with a Montessori 15.18 certificate. 15.19 (b) A teacher or assistant teacher at a child care center 15.20 must complete 1-1/2 percent of working hours of inservice 15.21 training annually if the individual is: 15.22 (1) a registered nurse or licensed practical nurse with 15.23 experience working with infants; 15.24 (2) possesses a Montessori certificate, a technical college 15.25 certificate, or a child development associate certificate; or 15.26 (3) possesses an associate of arts degree in early 15.27 childhood education, a baccalaureate degree in child 15.28 development, or a technical college diploma. 15.29 (c) Except as provided in paragraphs (a) and (b), all other 15.30 teachers, assistant teachers, or aides must have two percent of 15.31 working hours of inservice training annually. 15.32 (d) The number of required training hours may be prorated 15.33 for individuals not employed full time or for an entire year. 15.34 This subdivision supersedes Minnesota Rules, part 9503.0035, 15.35 subpart 4, item B, for teachers, assistant teachers, and aides. 15.36 The remainder of Minnesota Rules, part 9503.0035, subpart 4, 16.1 remains in effect unless superseded by other law. 16.2 Sec. 15. Laws 1998, First Special Session chapter 1, 16.3 article 1, section 10, subdivision 1, as amended by Laws 1999, 16.4 chapter 205, article 4, section 8, is amended to read: 16.5 Subdivision 1. [INITIAL ELIGIBILITY.] To be eligible for 16.6 state or TANF matching funds in the family assets for 16.7 independence initiative, a household must have income at or16.8 below 185 percent of the federal poverty level and assets of16.9 $15,000 or less. An individual who is a dependent of another16.10 person for federal income tax purposes may not be a separate16.11 eligible household for purposes of establishing a family asset16.12 account. An individual who is a debtor for a judgment resulting16.13 from nonpayment of a court-ordered child support obligation may16.14 not participate in this program. Households accessing TANF16.15 matching funds are subject to the MFIP definition of household16.16 under Minnesota Statutes, section 256J.08, subdivision 46.16.17 Income and assets are determined according to eligibility16.18 guidelines for the energy assistance programmeet the 16.19 eligibility requirements of the federal Assets for Independence 16.20 Act, Public Law Number 105-285, in Title IV, section 408 of that 16.21 act. 16.22 Sec. 16. Laws 1998, First Special Session chapter 1, 16.23 article 1, section 11, subdivision 2, as amended by Laws 1999, 16.24 chapter 205, article 4, section 9, is amended to read: 16.25 Subd. 2. [VENDOR PAYMENT OF WITHDRAWN FUNDS.] Upon receipt 16.26 of transferred custodial account funds, the fiduciary16.27 organizationfiscal agent must make a direct payment to the 16.28 vendor of the goods or services for the permissible use. 16.29 Sec. 17. Laws 1999, chapter 205, article 1, section 65, is 16.30 amended to read: 16.31 Sec. 65. [ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID; 16.32 FISCAL YEAR 2000 AND FISCAL YEAR 2001.] 16.33 A district that complies with Minnesota Statutes, section 16.34 124D.13, shall receive additional early childhood family 16.35 education aid for fiscal year 2000 and fiscal year 2001 equal to 16.36 $2.46 times the greater of: 17.1 (1) 150; or 17.2 (2) the number of people under five years of age residing 17.3 in the school district on October 1 of the previous school 17.4 year. The additional early childhood family education aid may 17.5 be used only for early childhood family education programs. 17.6 Sec. 18. Laws 1999, chapter 205, article 1, section 71, 17.7 subdivision 3, is amended to read: 17.8 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 17.9 childhood family education aid according to Minnesota Statutes, 17.10 section 124D.135: 17.11 $20,485,000$20,109,000 ..... 2000 17.12 $19,420,000$21,107,000 ..... 2001 17.13 The 2000 appropriation includes $1,390,000 for 1999 and 17.14 $19,095,000$18,719,000 for 2000. 17.15 The 2001 appropriation includes $2,122,000$2,079,000 for 17.16 2000 and $17,298,000$19,028,000 for 2001. 17.17 Any balance in the first year does not cancel but is 17.18 available in the second year. 17.19 Sec. 19. Laws 1999, chapter 205, article 1, section 71, 17.20 subdivision 7, is amended to read: 17.21 Subd. 7. [SCHOOL AGE CARE AID.] For extended day aid 17.22 according to Minnesota Statutes, section 124D.22: 17.23 $274,000 ..... 2000 17.24 $216,000$245,000 ..... 2001 17.25 The 2000 appropriation includes $30,000 for 1999 and 17.26 $244,000 for 2000. 17.27 The 2001 appropriation includes $27,000 for 2000 and 17.28 $189,000$218,000 for 2001. 17.29 Any balance in the first year does not cancel but is 17.30 available in the second year. 17.31 Sec. 20. Laws 1999, chapter 205, article 1, section 71, 17.32 subdivision 9, is amended to read: 17.33 Subd. 9. [MFIP CHILD CARE.] For child care assistance 17.34 according to Minnesota Statutes, section 119B.05: 17.35 $86,318,000$66,524,000 ..... 2000 17.36 $88,443,000$78,606,000 ..... 2001 18.1 Any balance in the first year does not cancel but is 18.2 available in the second year. 18.3 Sec. 21. Laws 1999, chapter 205, article 2, section 4, 18.4 subdivision 2, is amended to read: 18.5 Subd. 2. [FAMILY COLLABORATIVES.] For family 18.6 collaboratives according to Laws 1995, First Special Session 18.7 chapter 3, article 4, section 29, subdivision 10: 18.8 $4,777,000 ..... 2000 18.9 $2,535,000$2,435,000 ..... 2001 18.10 No new family services collaboratives shall be funded with 18.11 this appropriation after June 30, 1999. The general fund base 18.12 appropriation for fiscal year 2002 is $1,852,000 and for fiscal 18.13 year 2003 is $1,245,000. 18.14 Any balance in the first year does not cancel but is 18.15 available in the second year. 18.16 Sec. 22. Laws 1999, chapter 205, article 2, section 4, 18.17 subdivision 3, is amended to read: 18.18 Subd. 3. [COMMUNITY EDUCATION AID.] For community 18.19 education aid according to Minnesota Statutes, section 124D.20: 18.20 $14,136,000 ..... 2000 18.21 $14,696,000$15,274,000 ..... 2001 18.22 The 2000 appropriation includes $160,000 for 1999 and 18.23 $13,976,000 for 2000. 18.24 The 2001 appropriation includes $1,552,000 for 2000 and 18.25 $13,144,000$13,722,000 for 2001. 18.26 Any balance in the first year does not cancel but is 18.27 available in the second year. 18.28 Sec. 23. Laws 1999, chapter 205, article 2, section 4, 18.29 subdivision 4, is amended to read: 18.30 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 18.31 adults with disabilities programs according to Minnesota 18.32 Statutes, section 124D.56: 18.33 $670,000 ..... 2000 18.34 $670,000$702,000 ..... 2001 18.35 Any balance in the first year does not cancel but is 18.36 available in the second year. 19.1 Of the 2001 amount, $32,000 must be used to reinstate 19.2 funding for the adults with disabilities pilot programs that 19.3 were started in fiscal year 1998 or fiscal year 1999. 19.4 Notwithstanding Minnesota Statutes, section 124D.56, subdivision 19.5 3, pilot programs under this section may not levy for the adults 19.6 with disabilities program revenue. The reinstated programs must 19.7 report to the department of children, families, and learning by 19.8 January 15, 2001, with recommendations for expanding this 19.9 program statewide. This is a one-time appropriation and is not 19.10 added to the base. 19.11 Sec. 24. Laws 1999, chapter 205, article 3, section 5, 19.12 subdivision 9, is amended to read: 19.13 Subd. 9. [MALE RESPONSIBILITY AND FATHERING GRANTS.] For 19.14 grants according to Minnesota Statutes, section 124D.33: 19.15 $250,000 ..... 2000 19.16 $250,000 ..... 200119.17 Any balance in the first year does not cancel but is 19.18 available in the second year. 19.19 Sec. 25. Laws 1999, chapter 205, article 4, section 12, 19.20 subdivision 5, is amended to read: 19.21 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic 19.22 education aid according to Minnesota Statutes, section 124D.52, 19.23 in fiscal year 2000 and Minnesota Statutes, section 124D.53 in 19.24 fiscal year 2001: 19.25 $20,132,000 ..... 2000 19.26 $22,477,000$29,063,000 ..... 2001 19.27 The 2000 appropriation includes $1,227,000 for 1999 and 19.28 $18,905,000 for 2000. 19.29 The 2001 appropriation includes $2,101,000 for 2000 and 19.30 $20,376,000$26,962,000 for 2001. 19.31 Sec. 26. Laws 1999, chapter 205, article 4, section 12, 19.32 subdivision 6, is amended to read: 19.33 Subd. 6. [ADULT BASIC EDUCATION BASIC POPULATION AID.] For 19.34 basic population aid for eligible districts under section 7: 19.35 $1,960,000$1,973,000 ..... 2000 19.36 Notwithstanding Minnesota Statutes, section 127A.45, 20.1 subdivision 12, 100 percent of this appropriation is for fiscal 20.2 year 2000. 20.3 Any balance in the first year does not cancel but is 20.4 available in the second year. This is a one-time appropriation. 20.5 Sec. 27. Laws 1999, chapter 205, article 4, section 12, 20.6 subdivision 7, is amended to read: 20.7 Subd. 7. [ADULT GRADUATION AID.] For adult graduation aid 20.8 according to Minnesota Statutes, section 124D.54: 20.9 $3,184,000$2,760,000 ..... 2000 20.10 $4,732,000$3,031,000 ..... 2001 20.11 The 2000 appropriation includes $258,000$258,000 for 1999 20.12 and $2,926,000$2,502,000 for 2000. 20.13 The 2001 appropriation includes $325,000$278,000 for 2000 20.14 and $4,407,000$2,753,000 for 2001. 20.15 Sec. 28. [COMPETENCY-BASED ADULT BASIC EDUCATION AND 20.16 ENGLISH AS A SECOND LANGUAGE LICENSE.] 20.17 The board of teaching must convene a task force to develop 20.18 a competency-based license for teachers of adult basic education 20.19 classes and English as a second language classes. The 20.20 competency-based license must be an alternative to the current 20.21 licensing requirements. By January 15, 2002, the board of 20.22 teaching must present their recommendations to the committees of 20.23 the legislature responsible for teacher licensing and funding of 20.24 adult basic education programs including recommendations for 20.25 implementing competency-based licensing for teachers of adult 20.26 learners. 20.27 Sec. 29. [ENERGY ASSISTANCE PROGRAM.] 20.28 (a) The commissioner of economic security shall establish 20.29 policies and procedures to address the findings in the 20.30 department of administration's evaluation of Minnesota's energy 20.31 assistance program published in December 1999. 20.32 (b) The commissioner of economic security shall develop: 20.33 (1) outcome measures, in accordance with federal 20.34 recommendations, by which to evaluate subgrantee performance and 20.35 the program as a whole; 20.36 (2) methods to identify the eligible population for the 21.1 energy assistance program; 21.2 (3) procedures to improve program consistency across the 21.3 state. This shall address program start and end dates, 21.4 eligibility determination, eligibility verification, and 21.5 application and payment processing times; and 21.6 (4) improved internal management practices, including 21.7 program oversight, evaluation and auditing of the service 21.8 delivery agencies, computer software system, and overall 21.9 management. The commissioner shall also include proposals for 21.10 the use of technology to provide for the most cost-effective 21.11 service delivery. 21.12 Sec. 30. [REPORT.] 21.13 The commissioner of economic security shall submit a report 21.14 to the legislature detailing the costs and benefits of operating 21.15 the energy assistance program. The report must be submitted to 21.16 the senate jobs, energy and community development committee, and 21.17 the house jobs and economic development policy committee by 21.18 January 30, 2001. 21.19 Sec. 31. [TRANSFER OF ENERGY ASSISTANCE AND WEATHERIZATION 21.20 RESPONSIBILITIES.] 21.21 Energy assistance and weatherization responsibilities under 21.22 Minnesota Statutes, sections 119A.40, 119A.41, 119A.42, and 21.23 119A.425 are transferred from the department of children, 21.24 families, and learning to the department of economic security. 21.25 EFFECTIVE DATE: This section is effective the day 21.26 following final enactment. 21.27 Sec. 32. [SOCIAL SERVICE CHILD CARE POOL FOR MFIP CHILD 21.28 CARE.] 21.29 (a) The commissioner of children, families, and learning 21.30 shall use funds appropriated under section 38, subdivision 2, to 21.31 establish a MFIP social services child care pool to provide 21.32 child care assistance for eligible MFIP families participating 21.33 in social service activities under paragraph (b) as an approved 21.34 activity. 21.35 Any unspent funds in the MFIP social services child care 21.36 pool must be used for child care assistance under Minnesota 22.1 Statutes, section 119B.03. The commissioner must notify the 22.2 chairs of the family and early childhood finance committees in 22.3 the house and the senate if expenditures from the MFIP social 22.4 services child care pool are expected to exceed the amount of 22.5 money available. 22.6 (b) To be eligible for social service child care 22.7 assistance, an MFIP participant must be participating in 22.8 chemical dependency social services or mental health social 22.9 services as an approved activity in the participant's employment 22.10 plan or job search support plan under Minnesota Statutes, 22.11 section 256J.52. Child care assistance may be provided to an 22.12 eligible MFIP participant for the amount of time necessary to 22.13 participate in the approved social service plus reasonable 22.14 travel time. 22.15 (c) The county providing child care assistance must notify 22.16 the commissioner through the regular reporting process of any 22.17 family that meets the criteria of the MFIP social services child 22.18 care assistance pool. 22.19 This section expires on June 30, 2003. 22.20 Sec. 33. [EXPEDITED APPLICATION FOR MINOR STUDENTS.] 22.21 The commissioner of children, families, and learning, as a 22.22 component of the training for counties to administer child care 22.23 assistance under Minnesota Statutes, chapter 119B, must provide 22.24 technical assistance on ways to expedite and streamline the 22.25 application process for minor parents participating in 22.26 school-based child care. The commissioner must make child care 22.27 assistance information and applications available to school 22.28 districts so eligible minor parents are able to complete their 22.29 high school education. 22.30 Sec. 34. [INTENSIVE ESL AND CITIZENSHIP GRANTS.] 22.31 The commissioner of children, families, and learning shall 22.32 establish a reimbursement grant program to fund intensive 22.33 English as a second language programs for eligible adults who 22.34 participate in the MFIP program under Minnesota Statutes, 22.35 chapter 256J, with funds appropriated under section 37, 22.36 subdivision 3. Intensive ESL programming must provide intensive 23.1 instruction for MFIP participants who are making inadequate 23.2 literacy progress as measured by a standard assessment test. 23.3 The intensive instruction must be focused on participants' 23.4 gaining sufficient literacy to achieve self-sufficiency through 23.5 employment. Grant recipients may also offer citizenship 23.6 programs for qualified noncitizens under United States Code, 23.7 title 8, section 1611 et. seq. 23.8 Organizations eligible for grants under this section 23.9 include adult basic education programs, school districts, 23.10 post-secondary institutions, and nonprofit or community-based 23.11 organizations or other private organizations with experience in 23.12 providing English language and citizenship instruction to 23.13 non-English speaking immigrants and refugees. Grant 23.14 applications must contain information required by the 23.15 commissioner in the form prescribed by the commissioner. At a 23.16 minimum, the application must document experience in literacy 23.17 and citizenship programs serving immigrants and refugees, 23.18 describe fiscal accounting systems and reporting capacity, 23.19 ensure that administrative expenses are limited to five percent 23.20 of grant funds, and provide a description of the proposed 23.21 instructional services and training plans. Funds must be paid 23.22 to programs on a reimbursement basis. The intensive ESL and 23.23 citizenship grant program expires on June 30, 2003. 23.24 Sec. 35. [INSTITUTIONAL ADULT BASIC EDUCATION PROGRAMS.] 23.25 Based on the fiscal reports under section 11, the 23.26 commissioner shall evaluate the reimbursement for adult basic 23.27 education instruction provided by public nonprofit institutions 23.28 and make recommendations to the legislature. 23.29 Sec. 36. [APPROPRIATIONS.] 23.30 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 23.31 LEARNING.] The sums indicated in this section are appropriated 23.32 from the general fund to the department of children, families, 23.33 and learning for the fiscal years designated. 23.34 Subd. 2. [ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE 23.35 GRANTS.] For adult basic education supplemental service grants 23.36 according to Minnesota Statutes, section 124D.522: 24.1 $ 700,000 ..... 2001 24.2 This is a base appropriation for fiscal years 2002 and 2003. 24.3 Subd. 3. [ADULT BASIC EDUCATION ADMINISTRATION.] For 24.4 administration of the state adult basic education program 24.5 including auditing, technical assistance, reporting 24.6 requirements, and other administrative responsibilities under 24.7 this act: 24.8 $100,000 ..... 2001 24.9 This appropriation is added to the fiscal year 2002 and 24.10 2003 base. 24.11 Subd. 4. [HOUSING COLLABORATION.] For a grant to the city 24.12 of St. Louis Park for the Meadowbrook Collaborative Housing 24.13 Project to enhance youth outreach services and to provide 24.14 educational and recreational programming for at-risk youth. The 24.15 collaborative must include a cross section of public and private 24.16 sector community representatives. 24.17 $ 25,000 ..... 2001 24.18 This is a one-time appropriation. 24.19 Subd. 5. [ADMINISTRATION.] For the administrative expenses 24.20 of programs under section 37, including the amount necessary for 24.21 a program under section 37, subdivision 2 to draw down federal 24.22 funds in fiscal year 2001. 24.23 $ 50,000 ..... 2001 24.24 This is a one-time appropriation. 24.25 Sec. 37. [TANF APPROPRIATIONS.] 24.26 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 24.27 LEARNING.] The sums indicated in this section for fiscal years 24.28 2001 to 2003 are appropriated to the commissioner of human 24.29 services from the federal Temporary Assistance for Needy 24.30 Families (TANF) block grant funds authorized under United States 24.31 Code, title 42, section 601 et seq., and awarded in federal 24.32 fiscal years 2000 to 2002, and are transferred to the department 24.33 of children, families, and learning for the fiscal years 24.34 indicated for use as provided in this section. Appropriations 24.35 under this section are one-time appropriations and are not added 24.36 to the base. 25.1 Subd. 2. [MALE RESPONSIBILITY AND FATHERING GRANTS.] For 25.2 grants according to Minnesota Statutes, section 124D.33: 25.3 $250,000 ..... 2001 25.4 $250,000 ..... 2002 25.5 $250,000 ..... 2003 25.6 Subd. 3. [INTENSIVE ESL AND CITIZENSHIP GRANTS.] For 25.7 intensive ESL and citizenship grants for eligible MFIP 25.8 participants under section 34: 25.9 $1,837,000 ..... 2001 25.10 $1,000,000 ..... 2002 25.11 $1,000,000 ..... 2003 25.12 A balance may be carried forward one fiscal year. 25.13 Subd. 4. [TRANSITIONAL HOUSING PROGRAMS.] For 25.14 reimbursement grants to transitional housing programs under 25.15 Minnesota Statutes, section 119A.43: 25.16 $1,000,000 ..... 2001 25.17 $1,078,000 ..... 2002 25.18 Any balance remaining in 2002 may be carried forward one 25.19 fiscal year. 25.20 These appropriations must be used for up to four months of 25.21 transitional housing for families with incomes below 200 percent 25.22 of the federal poverty guidelines. Payment must be made to 25.23 programs on a reimbursement basis. 25.24 Sec. 38. [FEDERAL TANF TRANSFERS.] 25.25 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES AND 25.26 LEARNING.] The sums indicated in this section are transferred 25.27 from the federal TANF fund to the child care and development 25.28 fund and appropriated to the department of children, families 25.29 and learning for the fiscal years designated. The commissioner 25.30 shall ensure that all transferred funds are expended in 25.31 accordance with the child care and development fund regulations 25.32 and that the maximum allowable transferred funds are used for 25.33 the program in this section. Appropriations under this section 25.34 are one-time appropriations and are not added to the base. 25.35 Subd. 2. [SOCIAL SERVICE CHILD CARE POOL FOR MFIP CHILD 25.36 CARE.] For social service child care costs of eligible MFIP 26.1 participants under section 32: 26.2 $3,233,000 ..... 2001 26.3 $3,297,000 ..... 2002 26.4 $2,865,000 ..... 2003 26.5 A balance may be carried forward one fiscal year. Any 26.6 amount remaining in fiscal year 2003 that is not needed for 26.7 social service child care must be used for assistance under 26.8 Minnesota Statutes, section 119B.03. 26.9 Subd. 3. [TRANSITION YEAR FAMILIES.] To provide 26.10 uninterrupted assistance under Minnesota Statutes, section 26.11 119B.03, for families completing transition year child care 26.12 assistance: 26.13 $1,080,000 ..... 2001 26.14 $3,620,000 ..... 2002 26.15 $4,040,000 ..... 2003 26.16 A balance may be carried forward one fiscal year. Any 26.17 amount remaining in fiscal year 2003 that is not needed for 26.18 uninterrupted child care must be used for assistance under 26.19 Minnesota Statutes, section 119B.03. 26.20 Sec. 39. [INSTRUCTION TO REVISOR.] 26.21 The revisor of statutes shall renumber each section of 26.22 Minnesota Statutes listed in column A with the number listed in 26.23 column B. The revisor shall also make necessary cross-reference 26.24 changes consistent with the renumbering. 26.25 Column A Column B 26.26 119A.40 268.985 26.27 119A.41 268.986 26.28 119A.42 268.987 26.29 119A.425 268.989 26.30 Sec. 40. [REPEALER.] 26.31 (a) Minnesota Statutes 1998, section 124D.53, is repealed. 26.32 (b) Laws 1998, First Special Session chapter 1, article 1, 26.33 section 10, subdivision 2, as amended by Laws 1999, chapter 205, 26.34 article 4, section 8, is repealed.