Minnesota Legislature
HF 4176
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 05:08pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/22/2024 | |
| 1st Engrossment | Posted on 03/25/2024 |
Current Version - 1st Engrossment
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A bill for an act
relating to early learning; modifying early learning programs; amending Minnesota
Statutes 2022, sections 120A.05, subdivision 10a, by adding a subdivision;
124D.151, as amended; 125A.02, subdivision 1a; 125A.27, subdivision 8; 125A.56,
subdivision 1; Minnesota Statutes 2023 Supplement, section 124D.165, subdivisions
2, 2a; repealing Laws 2017, First Special Session chapter 5, article 8, section 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 120A.05, subdivision 10a, is amended to read:
Subd. 10a.
Kindergarten.
"Kindergarten" means a program designed for pupils five
years of age on September 1 of the calendar year in which the school year commences that
prepares pupils to enter first grade the following school year. deleted text begin A program designed for pupils
younger than five years of age on September 1 of the calendar year in which the school year
commences that prepares pupils to enter kindergarten the following school year is a
prekindergarten program.
deleted text end
Sec. 2.
Minnesota Statutes 2022, section 120A.05, is amended by adding a subdivision to
read:
new text begin Subd. 11a. new text end
new text begin Prekindergarten. new text end
new text begin
"Prekindergarten" means a program designed for pupils
younger than five years of age on September 1 of the calendar year in which the school year
commences that prepares pupils to enter kindergarten the following school year.
new text end
Sec. 3.
Minnesota Statutes 2022, section 124D.151, as amended by Laws 2023, chapter
55, article 9, section 19; and article 10, section 1, is amended to read:
124D.151 VOLUNTARY PREKINDERGARTEN PROGRAMnew text begin FOR ELIGIBLE
FOUR-YEAR-OLD CHILDRENnew text end .
Subdivision 1.
Establishment; purpose.
A district, a charter school, a group of districts,
a group of charter schools, or a group of districts and charter schools may establish a
voluntary prekindergarten programnew text begin for eligible four-year-old childrennew text end . The purpose of a
voluntary prekindergarten program is to deleted text begin preparedeleted text end new text begin supportnew text end children new text begin and their families and
prepare them new text end for success deleted text begin as they enterdeleted text end new text begin innew text end kindergarten deleted text begin in the following yeardeleted text end new text begin and beyondnew text end .
Subd. 2.
Program requirements.
(a) A voluntary prekindergarten program provider
must:
(1) provide instruction through play-based learning to foster children's social and
emotional development, cognitive development, physical and motor development, and
language and literacy skills, including the native language and literacy skills of English
learners, to the extent practicable;
(2) deleted text begin measuredeleted text end new text begin assessnew text end each child's deleted text begin cognitive and social skills using a formative measure
aligned todeleted text end new text begin progress towardnew text end the state's early learning standards when the child enters and
again before the child leaves the programdeleted text begin , screening and progress monitoring measures,
and other age-appropriate versions from the state-approved menu of kindergarten entry
profile measuresdeleted text end new text begin using a commissioner-approved formative, developmentally appropriate
assessment and report results and demographic data to the department in a form and manner
prescribed by the commissionernew text end ;
(3) provide comprehensive program content new text begin aligned with the state early learning
standards, new text end including the implementation of curriculum, assessment, and new text begin intentional
new text end instructional strategies deleted text begin aligned with the state early learning standards, and kindergartendeleted text end new text begin that
support transition to kindergartennew text end through grade 3 academic standards;
(4) provide instructional content and activities that are of sufficient length and intensity
to address learning needs including offering a program with at least 350 hours of instruction
per school year for a prekindergarten student;
(5) provide voluntary prekindergarten instructional staff salaries comparable to the
salaries of local kindergarten through grade 12 instructional staff;
(6) coordinate appropriate kindergarten transition with families, deleted text begin community-baseddeleted text end
prekindergarten programsdeleted text begin ,deleted text end new text begin offered by Head Start, licensed center and licensed family child
care, community-based organizations, new text end and school district kindergarten programs;
(7) involve parents in program deleted text begin planningdeleted text end new text begin decision-makingnew text end and transition planning by
implementing parent engagement strategies that include culturally and linguistically
responsive activities in prekindergarten through third grade that are aligned with early
childhood family education under section 124D.13;
(8) coordinate with relevant community-based services, including health and social
service agencies, to ensure children have access to comprehensive services;
(9) coordinate with all relevant school district programs and services including early
childhood special education, homeless students, and English learners;
(10) ensure staff-to-child ratios of one-to-ten and a maximum group size of 20 children;
(11) provide high-quality coordinated professional development, training, and coaching
for deleted text begin bothdeleted text end new text begin staff innew text end school deleted text begin district and community-based early learningdeleted text end new text begin districts and in
prekindergarten programs offered by Head Start, licensed center and licensed family child
carenew text end providersnew text begin , and community-based organizationsnew text end that is informed by a measure of
adult-child interactions and enables teachers to be highly knowledgeable in early childhood
curriculum content, assessment, native and English language development programs, and
instruction; and
(12) implement strategies that support the alignment of professional development,
instruction, assessments, and prekindergarten through grade 3 curricula.
(b) A voluntary prekindergarten program must have teachers knowledgeable in early
childhood curriculum content, assessment, native and English language programs, and
instructionnew text begin , and licensed according to section 122A.261new text end .
deleted text begin
(c) Districts and charter schools must include their strategy for implementing and
measuring the impact of their voluntary prekindergarten program under section 120B.11
and provide results in their world's best workforce annual summary to the commissioner of
education.
deleted text end
Subd. 3.
Mixed delivery deleted text begin of servicesdeleted text end new text begin program plannew text end .
A district or charter school may
contract with a charter school, Head Start deleted text begin or child care centers, family child care programs
licensed under section 245A.03deleted text end new text begin program, licensed center and licensed family child carenew text end , or
a community-based organization to provide eligible children with developmentally
appropriate services that meet the program requirements in subdivision 2. Components of
a mixed-delivery plan include strategies for recruitment, contracting, and monitoring of
fiscal compliance and program quality.
Subd. 4.
Eligibility.
deleted text begin Adeleted text end new text begin (a) An eligiblenew text end child new text begin means a child new text end whonew text begin :
new text end
new text begin (1)new text end is four years of age as of September 1 in the calendar year in which the school year
commences deleted text begin is eligible to participate in a voluntary prekindergarten program free of charge.
An eligible four-year-old child served in a mixed-delivery system by a child care center,
family child care program licensed under section 245A.03, or community-based organization
may be charged a fee as long as the mixed-delivery partner was not awarded a seat for that
child.deleted text end new text begin ; and
new text end
new text begin
(2) meets at least one of the following criteria:
new text end
new text begin
(i) qualifies for free or reduced-priced meals;
new text end
new text begin
(ii) qualifies for the rate at application specified in section 119B.09, subdivision 1,
paragraph (a), clause (2), in the current calendar year;
new text end
new text begin
(iii) is an English language learner as defined by section 124D.59, subdivision 2;
new text end
new text begin
(iv) is American Indian;
new text end
new text begin
(v) has experienced homelessness in the last 24 months, as defined under the federal
McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 1143a;
new text end
new text begin
(vi) was identified as having a potential risk factor that may influence learning through
health and developmental screening under sections 121A.16 to 121A.19;
new text end
new text begin
(vii) is in foster care; is in kinship care, including children receiving Northstar kinship
care assistance under chapter 256N; or is in need of child protection services;
new text end
new text begin
(viii) has a parent who is a migrant or seasonal agricultural laborer under section 181.85;
new text end
new text begin
(ix) has a parent who is incarcerated; or
new text end
new text begin
(x) is defined as at-risk by the school district.
new text end
new text begin
(b) School districts and charter schools must use state funding for eligible children to
the extent it is available. A child may participate in a voluntary prekindergarten program
on a fee-for-service basis if the child does not meet the eligibility criteria in paragraph (a)
or state funding is not available. A school district or charter school must adopt a sliding-fee
schedule based upon family income and must waive a fee for a participant unable to pay.
new text end
new text begin (c)new text end Each eligible child must complete a health and developmental screening within 90
days of program enrollment under sections 121A.16 to 121A.19, and provide documentation
of required immunizations under section 121A.15.
new text begin
(d) A child with an individualized education program may not be excluded from
participation in a program under this section if all other eligibility requirements are satisfied
and the individualized education program team determines that with reasonable
accommodations the child can fully participate and make progress toward their goals and
objectives.
new text end
Subd. 5.
Application process; priority for high poverty schools.
(a) To qualify for
program approval for fiscal year deleted text begin 2017deleted text end new text begin 2026new text end , a district or charter school must submit an
application to the commissioner by deleted text begin July 1, 2016deleted text end new text begin January 30, 2025. Thereafter, the
commissioner must accept applications and approve programs every four yearsnew text end . To qualify
for program approval deleted text begin fordeleted text end new text begin afternew text end fiscal year deleted text begin 2018 and laterdeleted text end new text begin 2026new text end , a new text begin school new text end district or charter
school must submit an application to the commissioner by January 30 of the fiscal year
prior to the fiscal year in which the program will be implemented. The application must
include:
(1) a description of the proposed program, including the number of hours per week the
program will be offered at each school site or mixed-delivery location;
(2) an estimate of the number of eligible children to be served in the program at each
school site or mixed-delivery location; and
(3) a statement of assurances signed by the superintendent or charter school director that
the proposed program meets the requirements of subdivision 2.
(b) The commissioner must review all applications submitted deleted text begin for fiscal year 2017 by
August 1, 2016, and must review all applications submitted for fiscal year 2018 and laterdeleted text end
by March 1 of the fiscal year in which the applications are received and determine whether
each application meets the requirements of paragraph (a).
(c) The commissioner must divide all applications for new or expanded voluntary
prekindergarten programs under this section meeting the requirements of paragraph (a) and
school readiness plus programs into deleted text begin fourdeleted text end new text begin fivenew text end groups as follows: the Minneapolis deleted text begin anddeleted text end new text begin school
district; thenew text end St. Paul school deleted text begin districtsdeleted text end new text begin districtnew text end ; other school districts located in the metropolitan
equity region as defined in section 126C.10, subdivision 28; school districts located in the
rural equity region as defined in section 126C.10, subdivision 28; and charter schools.
Within each group, the applications must be ordered by rank using a sliding scale based on
the following criteria:
(1) concentration of kindergarten students eligible for free or reduced-price meals by
school site on October 1 of the previous school year. A school site may contract to partner
with a community-based provider or Head Start under subdivision 3 or establish an early
childhood center and use the concentration of kindergarten students eligible for free or
reduced-price meals from a specific school site as long as those eligible children are
prioritized and guaranteed services at the mixed-delivery site or early education center. For
school district programs to be operated at locations that do not have free and reduced-price
meals concentration data for kindergarten programs for October 1 of the previous school
year, including mixed-delivery programs, the school district average concentration of
kindergarten students eligible for free or reduced-price meals must be used for the rank
ordering;
(2) presence or absence of a three- or four-star Parent Aware rated program within the
school district or close proximity of the district. School sites with the highest concentration
of kindergarten students eligible for free or reduced-price meals that do not have a three-
or four-star Parent Aware program within the district or close proximity of the district shall
receive the highest priority, and school sites with the lowest concentration of kindergarten
students eligible for free or reduced-price meals that have a three- or four-star Parent Aware
rated program within the district or close proximity of the district shall receive the lowest
priority; and
(3) whether the district has implemented a mixed delivery system.
deleted text begin
(d) The limit on participation for the programs as specified in subdivision 6 must initially
deleted text end
deleted text begin
be allocated among the four groups based on each group's percentage share of the statewide
deleted text end
deleted text begin
kindergarten enrollment on October 1 of the previous school year. Within each group, the
deleted text end
deleted text begin
participation limit
deleted text end
deleted text begin
for fiscal years 2018 and 2019
deleted text end
deleted text begin
must first be allocated to school sites
deleted text end
deleted text begin
approved for aid in the previous
deleted text end
deleted text begin
year
deleted text end
deleted text begin
to ensure that those sites are funded
deleted text end
deleted text begin
for the same
number of participants as approved for the previous
deleted text end
deleted text begin
year
deleted text end
deleted text begin
.
deleted text end
deleted text begin
The remainder of the participation
limit for each group must be allocated among school
deleted text end
deleted text begin
sites in priority order until that region's
share of the participation limit is reached. If the
deleted text end
deleted text begin
participation limit is not reached for all
groups, the remaining amount must be allocated to
deleted text end
deleted text begin
the highest priority school sites, as
designated under this section, not funded in the initial
deleted text end
deleted text begin
allocation on a statewide basis.
deleted text end
deleted text begin
For
fiscal year 2020 and later, the participation limit must first be allocated to school sites
approved for aid in fiscal year 2017, and then to school sites approved for aid in fiscal year
2018 based on the statewide rankings under paragraph (c).
deleted text end
deleted text begin
(e) Once a school site or a mixed delivery site under subdivision 3 is approved for aid
deleted text end
deleted text begin
under this subdivision, it shall remain eligible for aid if it continues to meet program
deleted text end
deleted text begin
requirements, regardless of changes in the concentration of students eligible for free or
deleted text end
deleted text begin
reduced-price meals.
deleted text end
deleted text begin
(f) If the total number of participants approved based on applications submitted under
deleted text end
deleted text begin
paragraph (a) is less than the participation limit under subdivision 6, the commissioner must
deleted text end
deleted text begin
notify all school districts and charter schools of the amount that remains available within
deleted text end
deleted text begin
30 days of the initial application deadline under paragraph (a), and complete a second round
deleted text end
deleted text begin
of allocations based on applications received within 60 days of the initial application deadline.
deleted text end
deleted text begin
(g) Procedures for approving applications submitted under paragraph (f) shall be the
deleted text end
deleted text begin
same as specified in paragraphs (a) to (d), except that the allocations shall be made to the
deleted text end
deleted text begin
highest priority school sites not funded in the initial allocation on a statewide basis.
deleted text end
new text begin Subd. 5a. new text end
new text begin Participation limit allocation. new text end
new text begin
(a) Beginning July 1, 2024, the participation
limit specified in subdivision 6 must be initially allocated as follows:
new text end
new text begin
(1) a school site or mixed delivery site must receive the same number of seats the site
received in fiscal year 2024; and
new text end
new text begin
(2) the remaining seats must be allocated among the five groups identified under
subdivision 5, paragraph (c), based on each group's percentage share of the statewide
kindergarten enrollment on October 1 of the previous year.
new text end
new text begin
(b) Within each group:
new text end
new text begin
(1) the seats must be first allocated to any school sites and mixed delivery sites approved
for aid in the previous year or allocation period; and
new text end
new text begin
(2) any remaining seats must be allocated among school sites in priority order, as
determined under subdivision 5, paragraph (c), until the group's share of seats are allocated.
new text end
new text begin
(c) If a group's entire share of seats is not allocated under paragraphs (a) and (b), then
the remaining seats must be allocated to the highest priority school sites and mixed delivery
sites in the state, as designated under subdivision 5, paragraph (c), not funded in the allocation
under paragraphs (a) and (b).
new text end
new text begin
(d) Once a school site or a mixed delivery site is approved for aid under subdivision 5
and is allocated seats under this subdivision, it shall remain eligible for aid and seats if it
continues to meet program requirements, regardless of changes in the concentration of
students eligible for free or reduced-price meals.
new text end
new text begin
(e) If the total number of participants approved based on applications submitted under
subdivision 5, paragraph (a), is less than the participation limit under subdivision 6, the
commissioner must notify all school districts and charter schools of the amount that remains
available within 30 days of the initial application deadline under subdivision 5, paragraph
(a), and complete a second round of allocations based on applications received within 60
days of the initial application deadline.
new text end
new text begin
(f) Procedures for approving applications submitted under paragraph (e) shall be the
same as specified in subdivision 5, and the allocations shall be made to the highest priority
school sites in the state as designated under subdivision 5, paragraph (c), not funded in the
initial allocation under paragraphs (a) and (b).
new text end
new text begin
(g) For nonapplication years, the commissioner must annually review the distribution
of seat allocations and may redistribute them between sites within a district at their request
and between districts for the year in which a district will not utilize their full allocation.
new text end
Subd. 6.
Participation limits.
(a) Notwithstanding section 126C.05, subdivision 1,
paragraph (c), the pupil units for a voluntary prekindergarten program for an eligible school
district or charter school must not exceed 60 percent of the kindergarten pupil units for that
school district or charter school under section 126C.05, subdivision 1, paragraph (d).
(b) In reviewing applications under subdivision 5 new text begin and allocating seats under subdivision
5anew text end , the commissioner must limit the total number of participants in the voluntary
prekindergarten deleted text begin and school readiness plus programs under Laws 2017, First Special Session
chapter 5, article 8, section 9,deleted text end new text begin programnew text end to not more than 7,160 participants for fiscal years
2023, 2024, and 2025, and 12,360 participants for fiscal year 2026 and later.
Subd. 7.
Financial accounting.
An eligible school district or charter school must record
expenditures attributable to voluntary prekindergarten pupils according to guidelines prepared
by the commissioner under section 127A.17.
new text begin EFFECTIVE DATE. new text end
new text begin
The amendments to subdivisions 1 to 4; subdivision 5, paragraphs
(a) and (b); and subdivision 6 are effective July 1, 2025. The amendments to subdivision
5, paragraphs (c) to (g), and subdivision 5a are effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2023 Supplement, section 124D.165, subdivision 2, is amended
to read:
Subd. 2.
Family eligibility.
(a) For a family to receive an early learning scholarship,
parents or guardians must have an eligible child and meet at least one of the following
requirements:
(1) have income equal to or less than:
(i) the at-application rate specified in section 119B.09, subdivision 1, paragraph (a),
clause (2), in the current calendar year; or
(ii) beginning July 1, 2025, the rate specified in United States Code, title 42, section
9858n(4)(B), as adjusted for family size;
(2) be able to document their child's current participation in the free and reduced-price
meals program or Child and Adult Care Food Program, National School Lunch Act, United
States Code, title 42, sections 1751 and 1766; the Food Distribution Program on Indian
Reservations, Food and Nutrition Act, United States Code, title 7, sections 2011-2036; Head
Start under the federal Improving Head Start for School Readiness Act of 2007; Minnesota
family investment program under chapter 256J; child care assistance programs under chapter
119B; the supplemental nutrition assistance program; or
(3) have new text begin or be new text end a child referred as in need of child protection services or placed in foster
care under section 260C.212.
(b) An "eligible child" means a child who has not yet enrolled in kindergarten and is not
yet five years of age on September 1 of the current school year.
(c) A child who has received a scholarship under this section must continue to receive
a scholarship each year until that child is eligible for kindergarten under section 120A.20
and as long as funds are available.
(d) Early learning scholarships may not be counted as earned income for the purposes
of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, Minnesota
family investment program under chapter 256J, child care assistance programs under chapter
119B, or Head Start under the federal Improving Head Start for School Readiness Act of
2007.
(e) A child from an adjoining state whose family resides at a Minnesota address as
assigned by the United States Postal Service, who has received developmental screening
under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district,
and whose family meets the criteria of paragraph (a) is eligible for an early learning
scholarship under this section.
Sec. 5.
Minnesota Statutes 2023 Supplement, section 124D.165, subdivision 2a, is amended
to read:
Subd. 2a.
Applications; priorities.
(a) The commissioner shall establish application
timelines and determine the schedule for awarding scholarships that meet the operational
needs of eligible families and programs.
(b) The commissioner must give highest priority to applications from children who:
(1) are not yet four years of age;
(2) have a parent under age 21 who is pursuing a high school diploma or a course of
study for a high school equivalency test;
(3) are in foster care;
(4) have been referred as in need of child protection services;
(5) have an incarcerated parent;
(6) new text begin are in or new text end have a parent in a substance use treatment program;
(7) new text begin are in or new text end have a parent in a mental health treatment program;
(8) have experienced domestic violence; deleted text begin or
deleted text end
new text begin
(9) have an individualized education program or individualized family service plan; or
new text end
deleted text begin (9)deleted text end new text begin (10)new text end have experienced homelessness in the last 24 months, as defined under the
federal McKinney-Vento Homeless Assistance Act, United States Code, title 42, section
1143a.
(c) Notwithstanding paragraph (b), beginning July 1, 2025, the commissioner must give
highest priority to applications from children in families with income equal to or less than
the rate specified under subdivision 2, paragraph (a), clause (1), item (i), and within this
group must prioritize children who meet one or more of the criteria listed in paragraph (b).
(d) The commissioner may prioritize applications on additional factors, including but
not limited to availability of funding, family income, geographic location, and whether the
child's family is on a waiting list for a publicly funded program providing early education
or child care services.
Sec. 6.
Minnesota Statutes 2022, section 125A.02, subdivision 1a, is amended to read:
Subd. 1a.
Children deleted text begin ages threedeleted text end new text begin birthnew text end through deleted text begin sevendeleted text end new text begin age sixnew text end experiencing developmental
delays.
In addition, every child under age threedeleted text begin ,deleted text end andnew text begin ,new text end at local district discretionnew text begin , every childnew text end
from age three deleted text begin todeleted text end new text begin throughnew text end age deleted text begin seven,deleted text end new text begin sixnew text end who needs special instruction and services, as
determined by the rules of the commissioner, because the child has a substantial delay or
deleted text begin has an identifiabledeleted text end new text begin a diagnosednew text end physical or mental condition deleted text begin known to hinder normal
developmentdeleted text end new text begin or disorder with a high probability of resulting in developmental delaynew text end is a
child with a disability.
Sec. 7.
Minnesota Statutes 2022, section 125A.27, subdivision 8, is amended to read:
Subd. 8.
Eligibility for Part C.
"Eligibility for Part C" means eligibility for infant and
toddler intervention services under section 125A.02 and Minnesota Rulesnew text begin , part 3525.1350new text end .
Sec. 8.
Minnesota Statutes 2022, section 125A.56, subdivision 1, is amended to read:
Subdivision 1.
Requirement.
(a) Before a pupil new text begin in kindergarten through grade 12 new text end is
referred for a special education evaluation, the district must conduct and document at least
two instructional strategies, alternatives, or interventions using a system of scientific,
research-based instruction and intervention in academics or behavior, based on the pupil's
needs, while the pupil is in the regular classroom. The pupil's teacher must document the
results. A special education evaluation team may waive this requirement when it determines
the pupil's need for the evaluation is urgent. This section may not be used to deny a pupil's
right to a special education evaluation.
(b) A school district shall use alternative intervention services, including the assurance
of mastery program under section 124D.66, or an early intervening services program under
subdivision 2 to serve at-risk pupils who demonstrate a need for alternative instructional
strategies or interventions.
(c) A student identified as being unable to read at grade level under section 120B.12,
subdivision 2, paragraph (a), must be provided with alternate instruction under this
subdivision that is multisensory, systematic, sequential, cumulative, and explicit.
Sec. 9. new text begin REVISOR INSTRUCTION.
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The revisor of statutes shall remove the terms "school readiness plus" or "school readiness
plus programs" wherever they appear in Minnesota Statutes, chapters 119B, 121A, 122A,
124D, 126C, or 179A. The revisor shall also make necessary cross-reference changes,
technical language, and other changes necessitated by the changes in this act.
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new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2025.
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Sec. 10. new text begin REPEALER.
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Laws 2017, First Special Session chapter 5, article 8, section 9,
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is repealed.
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new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
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