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Office of the Revisor of Statutes

HF 4329

as introduced - 90th Legislature (2017 - 2018) Posted on 04/09/2018 02:44pm

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

Current Version - as introduced

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A bill for an act
relating to education finance; making funding for voluntary prekindergarten
permanent; codifying school readiness plus;amending Minnesota Statutes 2016,
sections 124D.151, subdivision 2; 126C.10, subdivision 2d; 126C.126; Minnesota
Statutes 2017 Supplement, sections 124D.151, subdivisions 5, 6; 126C.05,
subdivision 1; Laws 2017, First Special Session chapter 5, article 8, section 9,
subdivisions 2, 5, 6; repealing Laws 2017, First Special Session chapter 5, article
8, section 8.

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

Section 1.

Minnesota Statutes 2016, section 124D.151, subdivision 2, is amended to read:


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) measure each child's cognitive and social skills using a formative measure aligned
to the state's early learning standards when the child enters and again before the child leaves
the program, screening and progress monitoring measures, and deleted text beginothersdeleted text endnew text begin other age-appropriate
versions
new text end from the state-approved menu of kindergarten entry profile measures;

(3) provide comprehensive program content including the implementation of curriculum,
assessment, and instructional strategies aligned with the state early learning standards, and
kindergarten 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, community-based
prekindergarten programs, and school district kindergarten programs;

(7) involve parents in program planning 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 both school district and community-based early learning providers 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
instruction.

(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.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 124D.151, subdivision 5, is amended
to read:


Subd. 5.

Application process; priority for high poverty schools.

(a) deleted text beginTo qualify for
program approval for fiscal year 2017, a district or charter school must submit an application
to the commissioner by July 1, 2016.
deleted text end To qualify for program approval for deleted text beginfiscal year 2018
and later
deleted text endnew text begin voluntary prekindergarten under this section or school readiness plus under section
124D.152
new text end, a 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 2new text begin or section 124D.152,
subdivision 2
new text end.

(b) The commissioner must review all applications submitted deleted text beginfor fiscal year 2017 by
August 1, 2016, and must review all applications submitted for fiscal year 2018 and later
deleted 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 new text beginand school readiness plus programs under
section 124D.152
new text endmeeting the requirements of paragraph (a) deleted text beginand school readiness plus
programs
deleted text end into deleted text beginfourdeleted text endnew text begin fivenew text end groups as follows: the Minneapolis deleted text beginanddeleted text endnew text begin school district; thenew text end St. Paul
school deleted text begindistrictsdeleted text endnew 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 lunches 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
lunch 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 lunches 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 lunches 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 lunches 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.

(d) The limit on participation for the programs as specified in subdivision 6 must initially
be allocated among the deleted text beginfourdeleted text endnew text begin fivenew text end groups based on each group's percentage share of the
statewide kindergarten enrollment on October 1 of the previous school year. Within each
group, the participation limit deleted text beginfor fiscal years 2018 and 2019deleted text end must first be allocated to school
sites approved for aid in the previous year to ensure that those sites are funded for the same
number of participants as approved for the previous year. The remainder of the participation
limit for each group must be allocated among school sites in priority order until that region's
share of the participation limit is reached. If the participation limit is not reached for all
groups, the remaining amount must be allocated to the highest priority school sites, as
designated under this section, not funded in the initial allocation on a statewide basis. deleted text beginFor
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

(e) Once a school site or a mixed delivery site under subdivision 3 is approved for aid
under this subdivision, it shall remain eligible for aid if it continues to meet program
requirements, regardless of changes in the concentration of students eligible for free or
reduced-price lunches.

(f) If the total number of participants approved based on applications submitted under
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 paragraph (a), and complete a second round
of allocations based on applications received within 60 days of the initial application deadline.

(g) Procedures for approving applications submitted under paragraph (f) shall be the
same as specified in paragraphs (a) to (d), except that the allocations shall be made to the
highest priority school sites not funded in the initial allocation on a statewide basis.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2020 and later.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 124D.151, subdivision 6, is amended
to read:


Subd. 6.

Participation limits.

(a) Notwithstanding section 126C.05, subdivision 1,
paragraph deleted text begin(d)deleted text endnew text begin (c)new text end, 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
deleted text begin (e)deleted text endnew text begin (d)new text end.

(b) In reviewing applications under subdivision 5, deleted text beginthe commissioner must limit the
estimated state aid entitlement approved under this section to $27,092,000 for fiscal year
2017. If the actual state aid entitlement based on final data exceeds the limit in any year,
the aid of the participating districts must be prorated so as not to exceed the limit.
deleted text end

deleted text begin (c) The commissioner must limit the total number of funded participants in the voluntary
prekindergarten program under this section to not more than 3,160.
deleted text end

deleted text begin (d) Notwithstanding paragraph (c),deleted text end the commissioner must limit the total number of
participants in the voluntary prekindergarten and school readiness plus programs to not
more than 6,160 participants for fiscal year 2018 and 7,160 participants for fiscal year 2019.new text begin
For fiscal year 2020 and later, the commissioner must limit the total number of participants
in the voluntary prekindergarten and school readiness plus programs to not more than 105
percent of the participation limit for the previous fiscal year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The changes to paragraph (a) are effective for revenue for fiscal
year 2019 and later. The changes to paragraphs (b) to (d) are effective for revenue for fiscal
year 2020 and later.
new text end

Sec. 4.

Minnesota Statutes 2017 Supplement, section 126C.05, subdivision 1, is amended
to read:


Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the age
of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c), in
average daily membership enrolled in the district of residence, in another district under
sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under
chapter 124E; or for whom the resident district pays tuition under section 123A.18, 123A.22,
123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04, 124D.05, 125A.03
to 125A.24, 125A.51, or 125A.65, shall be counted according to this subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved by
the commissioner and has an individualized education program is counted as the ratio of
the number of hours of assessment and education service to 825 times 1.0 with a minimum
average daily membership of 0.28, but not more than 1.0 pupil unit.

(b) A prekindergarten pupil who is assessed but determined not to be disabled is counted
as the ratio of the number of hours of assessment service to 825 times 1.0.

deleted text begin (c) A kindergarten pupil with a disability who is enrolled in a program approved by the
commissioner is counted as the ratio of the number of hours of assessment and education
services required in the fiscal year by the pupil's individualized education program to 875,
but not more than one.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end A prekindergarten pupil who is not included in paragraph (a) or (b) and is enrolled
in an approved voluntary prekindergarten program under section 124D.151 is counted as
the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil
units.

deleted text begin (e)deleted text endnew text begin (d)new text end A kindergarten pupil deleted text beginwho is not included in paragraph (c)deleted text end is counted as 1.0 pupil
unit if the pupil is enrolled in a free all-day, every day kindergarten program available to
all kindergarten pupils at the pupil's school that meets the minimum hours requirement in
section 120A.41, or is counted as .55 pupil unit, if the pupil is not enrolled in a free all-day,
every day kindergarten program available to all kindergarten pupils at the pupil's school.

deleted text begin (f)deleted text endnew text begin (e)new text end A pupil who is in any of grades 1 to 6 is counted as 1.0 pupil unit.

deleted text begin (g)deleted text endnew text begin (f)new text end A pupil who is in any of grades 7 to 12 is counted as 1.2 pupil units.

deleted text begin (h)deleted text endnew text begin (g)new text end A pupil who is in the postsecondary enrollment options program is counted as
1.2 pupil units.

deleted text begin (i) For fiscal years 2018 and 2019 only,deleted text endnew text begin (h)new text end A prekindergarten pupil who:

(1) is not included in paragraph (a), (b), or deleted text begin(d)deleted text endnew text begin (c)new text end;

(2) is enrolled in a school readiness plus program; and

(3) has one or more of the risk factors specified by the eligibility requirements for a
school readiness plus program,

is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more
than 0.6 pupil units. A pupil qualifying under this paragraph must be counted in the same
manner as a voluntary prekindergarten student for all general education and other school
funding formulas.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2019 and later.
new text end

Sec. 5.

Minnesota Statutes 2016, section 126C.10, subdivision 2d, is amended to read:


Subd. 2d.

Declining enrollment revenue.

(a) A school district's declining enrollment
revenue equals the greater of zero or the product of: (1) 28 percent of the formula allowance
for that year and (2) the difference between the adjusted pupil units for the preceding year
and the adjusted pupil units for the current year.

(b) Notwithstanding paragraph (a), for fiscal years 2015, 2016, and 2017 only, a pupil
enrolled at the Crosswinds school shall not generate declining enrollment revenue for the
district or charter school in which the pupil was last counted in average daily membership.

(c) Notwithstanding paragraph (a), for fiscal years 2017, 2018, and 2019 only,
prekindergarten pupil units under section 126C.05, subdivision 1, paragraph deleted text begin(d)deleted text endnew text begin (c)new text end, must
be excluded from the calculation of declining enrollment revenue.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2019 and later.
new text end

Sec. 6.

Minnesota Statutes 2016, section 126C.126, is amended to read:


126C.126 USE OF GENERAL EDUCATION REVENUE FOR ALL-DAY
KINDERGARTEN AND PREKINDERGARTEN.

A school district may spend general education revenue on extended time kindergarten
and prekindergarten programs. At the school board's discretion, the district may use revenue
generated by the all-day kindergarten pupil count under section 126C.05, subdivision 1,
paragraph deleted text begin(d)deleted text endnew text begin (c)new text end, to meet the needs of three- and four-year-olds in the district. A school
district may not use these funds on programs for three- and four-year-old children while
maintaining a fee-based all-day kindergarten program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2019 and later.
new text end

Sec. 7.

Laws 2017, First Special Session chapter 5, article 8, section 9, subdivision 2, is
amended to read:


Subd. 2.

Program requirements.

A school readiness plus program provider must:

(1) assess each child's cognitive and language skills with deleted text beginadeleted text endnew text begin an age-appropriatenew text end
comprehensive child assessment instrument when the child enters and again before the child
leaves the program to improve program planning and implementation, communicate with
parents, and promote kindergarten readiness;

(2) provide comprehensive program content and intentional instructional practice aligned
with the state early childhood learning guidelines and kindergarten standards and based on
early childhood research and professional practice that is focused on children's cognitive,
social, emotional, and physical skills and development and prepares children for the transition
to kindergarten, including early literacy and language skills;

(3) coordinate appropriate kindergarten transition with parents and kindergarten teachers;

(4) involve parents in program planning and decision making;

(5) coordinate with relevant community-based services;

(6) cooperate with adult basic education programs and other adult literacy programs;

(7) ensure staff-to-child ratios of one-to-ten and a maximum group size of 20 children
with at least one licensed teacher;

(8) have teachers knowledgeable in early childhood curriculum content, assessment,
native and English language development programs, and instruction; and

(9) 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.

Sec. 8.

Laws 2017, First Special Session chapter 5, article 8, section 9, subdivision 5, is
amended to read:


Subd. 5.

Application process; priority for high poverty schools.

deleted text begin (a) For 2017-2018
school year, a school district or charter school that did not apply to participate in a voluntary
prekindergarten program under Minnesota Statutes, section 124D.151, may apply to the
commissioner by July 1, 2017, to participate in a school readiness plus program in the form
and manner specified by the commissioner. By June 15, 2017, the commissioner must notify
districts and charter schools of the availability of additional money for voluntary
prekindergarten and school readiness plus programs. A school district or charter school that
previously applied to participate in a voluntary prekindergarten program may amend its
application by July 1, 2017, to apply instead for school readiness plus. The commissioner
must review all applications for school readiness plus and notify applicant districts and
charter schools by August 1, 2017, whether they have been selected for participation.
deleted text end

deleted text begin (b) For the 2018-2019 school year, a school district or charter school may apply to the
commissioner by January 30, 2018, to participate in school readiness plus in the form and
manner specified by the commissioner.
deleted text end

deleted text begin (c) A district or charter school submitting an application under this section 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; (3) the number of children being served that will be new to the
program; and (4) a statement of assurances signed by the superintendent or charter school
director that the proposed program meets the requirements of subdivision 2.
deleted text end

deleted text begin (d) The commissioner must award funding for school readiness plus programs across
school districts and charter schools in the same manner as for the voluntary prekindergarten
program.
deleted text end

deleted text begin (e) A school site or mixed-delivery site approved for aid under this subdivision remains
eligible for aid if the site continues to meet program requirements, regardless of changes in
the concentration of students eligible for free or reduced-price lunches.
deleted text end new text begin Applications for
school readiness plus must be submitted according to Minnesota Statutes, section 124D.151,
subdivision 5.
new text end

Sec. 9.

Laws 2017, First Special Session chapter 5, article 8, section 9, subdivision 6, is
amended to read:


Subd. 6.

No supplanting.

For a site first qualifying in fiscal year 2018 or deleted text begin2019deleted text endnew text begin laternew text end,deleted text begin
mixed delivery revenue, including
deleted text end voluntary prekindergarten and school readiness plus
program revenuedeleted text begin,deleted text end must be used to supplement not supplant existing state, federal, and local
revenue for prekindergarten activities.

Sec. 10. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall codify Laws 2017, First Special Session chapter 5, article
8, section 9, as amended, as Minnesota Statutes, section 124D.152.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Laws 2017, First Special Session chapter 5, article 8, section 8, the effective date, new text end new text begin is
repealed.
new text end

APPENDIX

Repealed Minnesota Session Laws: 18-7494

Laws 2017, First Special Session chapter 5, article 8, section 8

Sec. 8.

Minnesota Statutes 2016, section 126C.05, subdivision 1, is amended to read:


new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (i) of this section expires at the end of fiscal year 2019. new text end