SF 1

as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing for prekindergarten
through grade 12 education; including special
education, early childhood, family, and adult
education; child care; prevention policy;
appropriating money; amending Minnesota Statutes 2004,
sections 13.32, subdivision 2; 119A.46, subdivisions
1, 2, 3, 8; 119B.09, subdivision 1; 119B.13, by adding
a subdivision; 121A.17, subdivisions 1, 3, 5, by
adding a subdivision; 121A.19; 122A.413; 122A.60,
subdivision 1, by adding subdivisions; 122A.61,
subdivision 1; 124D.135, subdivision 1; 124D.15,
subdivisions 1, 3, 5, 10, 12, by adding subdivisions;
124D.16, subdivision 2; 124D.20, subdivisions 3, 5;
124D.22, subdivision 3; 124D.531, subdivisions 1, 4;
125A.76, subdivisions 1, 4; 125A.79, subdivisions 1,
6; 126C.10, subdivision 2; proposing coding for new
law in Minnesota Statutes, chapters 121A; 122A; 124D;
127A; repealing Minnesota Statutes 2004, sections
122A.414; 122A.415; 124D.15, subdivisions 2, 4, 6, 7,
8, 9, 11, 13; 124D.16, subdivisions 1, 4.

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

ARTICLE 1

PREKINDERGARTEN THROUGH GRADE 12 EDUCATION

Section 1.

Minnesota Statutes 2004, section 122A.413, is
amended to read:

122A.413 EDUCATIONAL IMPROVEMENT PLAN.

Subdivision 1.

Qualifying plan.

A district may develop
an educational improvement plan for the purpose of qualifying
for deleted text begin alternative teacher compensation aid deleted text end new text begin the professional
compensation initiative new text end under deleted text begin sections 122A.414 and
122A.415 deleted text end new text begin section 122A.4142 new text end . The plan must include measures for
improving school district, school site, teacher, and individual
student performance.

Subd. 2.

Plan components.

The educational improvement
plan must be approved by the school board and have at least
these elements:

(1) assessment and evaluation tools to measure student
performance and progress;

(2) performance goals and benchmarks for improvement;

(3) measures of student attendance and completion rates;

(4) a rigorous professional development system new text begin , consistent
with section 122A.60, new text end that is aligned with educational
improvement, designed to achieve teaching quality improvement,
and consistent with clearly defined research-based standards;

(5) measures of student, family, and community involvement
and satisfaction;

(6) a data system about students and their academic
progress that provides parents and the public with
understandable information; deleted text begin and
deleted text end

(7) a teacher induction and mentoring program for
probationary teachers that provides continuous learning and
sustained teacher support deleted text begin . The process for developing the plan
must involve district teachers deleted text end new text begin ; and
new text end

new text begin (8) substantial teacher participation in developing the
plan, including teachers selected by the exclusive
representative of the teachers new text end .

Subd. 3.

School site accountability.

A district that
develops a plan under subdivisions 1 and 2 must ensure that each
school site develops a board-approved educational improvement
plan that is aligned with the district educational improvement
plan under subdivision 2 new text begin and developed with teacher
participation consistent with subdivision 2, clause (8) new text end . While
a site plan must be consistent with the district educational
improvement plan, it may establish performance goals and
benchmarks that meet or exceed those of the district. deleted text begin The
process for developing the plan must involve site teachers.
deleted text end

Sec. 2.

new text begin [122A.4142] PROFESSIONAL COMPENSATION
INITIATIVE.
new text end

new text begin Subdivision 1. new text end

new text begin Professional compensation agreement. new text end

new text begin A
school district and the exclusive representative of the teachers
may adopt, by agreement, professional compensation under
subdivision 2 to provide incentives to attract and retain
high-quality teachers and instructional staff, encourage
high-quality teachers to accept difficult assignments, encourage
teachers to improve their knowledge and skills, and support
teachers' roles in improving students' educational achievement.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin (a) To be eligible to participate
in the professional compensation initiative in fiscal year 2006,
a school district must comply with the conditions stated in
paragraph (b) or with the following conditions:
new text end

new text begin (1) submit to the department a letter of intent executed by
the school district and the exclusive representative of the
teachers to complete planning for and satisfy the conditions for
participation in fiscal year 2007 and later;
new text end

new text begin (2) reserve at least two percent of basic revenue for staff
development purposes consistent with sections 122A.60 and
122A.61, subdivision 1; and
new text end

new text begin (3) commit to spending at least the additional one percent
of basic revenue available through participation in the
professional compensation initiative for staff development
supporting the development of a district educational improvement
plan and site-based educational improvement plan under section
122A.413 and for developing the professional compensation
agreement under this section.
new text end

new text begin (b) To be eligible to participate in the professional
compensation initiative in fiscal year 2007 and later, a school
district must submit to the department:
new text end

new text begin (1) a districtwide or site-based educational improvement
plan as described in section 122A.413; and
new text end

new text begin (2) an executed collective bargaining agreement that
contains at least the following elements:
new text end

new text begin (i) a description of the conditions or actions necessary
for career advancement and additional compensation;
new text end

new text begin (ii) compensation provisions that base at least 60 percent
of any increase in compensation on performance and not on years
of service or the attainment of additional education or
training;
new text end

new text begin (iii) career advancement options for teachers retaining
primary roles in student instruction, including staff
development activities, and for other members of the bargaining
unit;
new text end

new text begin (iv) incentives for teachers' continuous improvement in
content knowledge, pedagogy, and use of best practices;
new text end

new text begin (v) an objective evaluation program, including classroom or
performance observation, that is aligned with the district's or
site's educational improvement plan, and is a component of
determining performance;
new text end

new text begin (vi) provisions preventing any teacher's compensation from
being reduced as a result of implementing professional
compensation for teachers;
new text end

new text begin (vii) provisions enabling any teacher in the district, if
professional compensation for teachers is applied districtwide,
or at a site, if professional compensation for teachers applies
only to a site, to participate in professional compensation for
teachers without limitations by quota or other restrictions;
new text end

new text begin (viii) provisions encouraging collaboration among teachers
rather than competition; and
new text end

new text begin (ix) provisions for participation by all teachers in a
district, all teachers at a site, or at least 25 percent of the
teachers in a district.
new text end

new text begin (c) An agreement may contain different compensation
provisions for separate classifications of employees.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner approval. new text end

new text begin (a) Before concluding a
collective bargaining agreement, a district may submit a
proposed agreement and educational improvement plan for review,
comment, and preliminary approval by the commissioner. If the
plan and agreement are executed in the same form as
preliminarily approved by the commissioner, the plan and
agreement must be approved without further review.
new text end

new text begin (b) The application to the commissioner must contain a
formally adopted collective bargaining agreement, memorandum of
understanding, or other binding agreement that implements the
professional compensation initiative consistent with this
section.
new text end

new text begin (c) The commissioner's approval must be based on the
requirements established in subdivision 2. If the commissioner
does not approve an application, the notice to the school
district must provide details regarding the commissioner's
reason for rejecting the application.
new text end

new text begin Subd. 4. new text end

new text begin Professional compensation revenue. new text end

new text begin (a)
Professional compensation revenue for a school district that
qualifies for participation under subdivision 2, paragraph (a),
equals one percent of basic revenue, under section 126C.10,
subdivision 2.
new text end

new text begin (b) For participation in fiscal year 2007 and later, the
school district's application must be approved by the
commissioner under subdivision 3.
new text end

new text begin (c) Professional compensation revenue for a qualifying
school district, site, or portion of a district or school site
that qualifies for participation under subdivision 2, paragraph
(b), is as follows:
new text end

new text begin (1) for a school district in which the school board and the
exclusive representative of the teachers agree to place all
teachers in the district in the professional compensation for
teachers initiative, revenue equals five percent of the
district's basic revenue for the fiscal year; or if a site only
is participating, the portion of five percent attributable to
the site's number of pupils enrolled on October 1 of the
previous fiscal year; or
new text end

new text begin (2) for a district in which the school board and the
exclusive representative of the teachers agree that at least 25
percent of the district's licensed teachers will participate in
the professional compensation initiative revenue equals five
percent of basic revenue for the fiscal year multiplied by the
percentage of participating teachers.
new text end

new text begin Subd. 5. new text end

new text begin Percentage of teachers. new text end

new text begin For purposes of
subdivision 4, the percentage of teachers participating in the
professional compensation initiative equals the ratio of the
number of licensed teachers who are working at least 60 percent
of a full-time teacher's hours and agree to participate in the
initiative to the total number of licensed teachers who are
working at least 60 percent of a full-time teacher's hours.
new text end

new text begin Subd. 6. new text end

new text begin Revenue timing. new text end

new text begin Districts or sites with
approved applications must receive professional compensation
revenue for each school year that the district or site
participates in the initiative and is in compliance with the
conditions for participation.
new text end

new text begin Subd. 7. new text end

new text begin Basic revenue. new text end

new text begin A school district that qualifies
for participation in the professional compensation initiative
under subdivision 2, paragraph (b), may use the two percent of
basic revenue that would otherwise be reserved under section
122A.61 for compliance with the professional compensation
agreement under this section. If fewer than all of the licensed
teachers in the district participate in the initiative, the
amount of the two percent that may be used for the initiative
equals the two percent multiplied by the percentage of licensed
teachers participating in the initiative.
new text end

new text begin Subd. 8. new text end

new text begin Participation. new text end

new text begin If a district and bargaining
unit do not participate in the professional compensation
initiatives in fiscal year 2006, they may elect to participate
in subsequent years. The requirements for participation in the
first year are the requirements described for fiscal year 2006.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year
2006 and thereafter.
new text end

Sec. 3.

new text begin [122A.4143] CLOSED CONTRACT.
new text end

new text begin A district and the exclusive representative of the teachers
may agree jointly to reopen a collective bargaining agreement
for the sole purpose of entering into a professional
compensation system consistent with section 122A.4142 and an
educational improvement plan under section 122A.413.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year
2006 and later.
new text end

Sec. 4.

new text begin [122A.4144] PROFESSIONAL COMPENSATION PILOT SITE
AID.
new text end

new text begin Subdivision 1. new text end

new text begin Aid amount. new text end

new text begin (a) A school district that
received revenue under Minnesota Statutes 2004, section
122A.415, or meets the eligibility conditions of section
122A.4142, subdivision 1, paragraph (b), and submits an
application approved by the commissioner is eligible for
professional compensation pilot site aid. The commissioner must
consider only applications submitted jointly by a school
district and the exclusive representative of the teachers for
participation in the program. The application must contain a
formally adopted collective bargaining agreement, memorandum of
understanding, or other binding agreement that implements a
professional compensation pay system consistent with the
eligibility conditions of section 122A.4142, subdivision 2,
paragraph (b), and includes all teachers in a district, all
teachers at a school site, or at least 25 percent of the
teachers in a district. The commissioner, in approving
applications, may give preference to applications involving
entire districts or sites or to applications that align measures
of teacher performance with student academic achievement and
progress under section 122A.4142.
new text end

new text begin (b) Professional compensation aid for a qualifying school
district, site, or portion of a district or school site is as
follows:
new text end

new text begin (1) for a school district in which the school board and the
exclusive representative of the teachers agree to place all
teachers in the district or at the site on the alternative
compensation schedule, alternative compensation aid equals $150
times the district's or the site's number of pupils enrolled on
October 1 of the previous fiscal year; or
new text end

new text begin (2) for a district in which the school board and the
exclusive representative of the teachers agree that at least 25
percent of the district's licensed teachers will be paid on the
alternative compensation schedule, alternative compensation aid
equals $150 times the percentage of participating teachers times
the district's number of pupils enrolled as of October 1 of the
previous fiscal year.
new text end

new text begin Subd. 2. new text end

new text begin Percentage of teachers. new text end

new text begin For purposes of this
section, the percentage of teachers participating in the teacher
professional pay system equals the ratio of the number of
licensed teachers who are working at least 60 percent of a
full-time teacher's hours and agree to participate in the
teacher professional pay system to the total number of licensed
teachers who are working at least 60 percent of a full-time
teacher's hours.
new text end

new text begin Subd. 3. new text end

new text begin Aid timing. new text end

new text begin (a) Districts or sites with
approved applications must receive alternative compensation aid
for each school year that the district or site participates in
the program as described in this subdivision. Districts or
sites with applications received by the commissioner before June
1 of the first year of a two-year contract shall receive
alternative compensation aid for both years of the contract.
Districts or sites with applications received by the
commissioner after June 1 of the first year of a two-year
contract shall receive alternative compensation aid only for the
second year of the contract. A qualifying district or site that
received alternative compensation aid for the previous fiscal
year must receive at least an amount equal to the lesser of the
amount it received for the previous fiscal year or its
proportionate share of the previous year's appropriation if the
district or site submits a timely application and the
commissioner determines that the district or site continues to
implement an alternative teacher professional pay system,
consistent with its application under this section. The
commissioner must approve initial applications for school
districts qualifying under subdivision 1, paragraph (b), clause
(1), by January 15 of each year. If any money remains, the
commissioner must approve aid amounts for school districts
qualifying under subdivision 1, paragraph (b), clause (2), by
February 15 of each year.
new text end

new text begin (b) The commissioner shall select applicants that qualify
for this program, notify school districts and school sites about
the program, develop and disseminate application materials, and
carry out other activities needed to implement this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006 and later.
new text end

Sec. 5.

Minnesota Statutes 2004, section 122A.60,
subdivision 1, is amended to read:

Subdivision 1.

Staff development committee.

A school
board must use the revenue authorized in section 122A.61 for
in-service education for programs under section 120B.22,
subdivision 2, or for staff development plans under this
section. The board must establish an advisory staff development
committee to develop the plan, assist site professional
development teams in developing a site plan consistent with the
goals of the plan, and evaluate staff development efforts at the
site level. A majority of the advisory committee and the site
professional development team must be teachers representing
various grade levels, subject areas, and special education. The
advisory committee must also include nonteaching staff, parents,
and administrators. deleted text begin Districts must report staff development
results and expenditures to the commissioner in the form and
manner determined by the commissioner. The expenditure report
must include expenditures by the board for district level
activities and expenditures made by the staff. The report must
provide a breakdown of expenditures for (1) curriculum
development and programs, (2) in-service education, workshops,
and conferences, and (3) the cost of teachers or substitute
teachers for staff development purposes. Within each of these
categories, the report must also indicate whether the
expenditures were incurred at the district level or the school
site level, and whether the school site expenditures were made
possible by the grants to school sites that demonstrate
exemplary use of allocated staff development revenue. These
expenditures are to be reported using the UFARS system. The
commissioner shall report the staff development expenditure data
to the education committees of the legislature by February 15
each year.
deleted text end

Sec. 6.

Minnesota Statutes 2004, section 122A.60, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Effective staff development activities. new text end

new text begin Staff
development activities must:
new text end

new text begin (1) focus on the school classroom and research-based
strategies that improve student learning;
new text end

new text begin (2) provide opportunities for teachers to practice and
improve their skills over time;
new text end

new text begin (3) provide opportunities for teachers to use data to
increase student achievement as part of their daily work;
new text end

new text begin (4) enhance teacher content knowledge and instructional
skills;
new text end

new text begin (5) align with state and local academic standards; and
new text end

new text begin (6) provide opportunities to build professional
relationships, foster collaboration among principals and staff
who provide instruction, and provide opportunities for
teacher-to-teacher mentoring.
new text end

new text begin Staff development activities may include curriculum development
and curriculum training programs, and activities that provide
teachers and other members of site-based teams training to
enhance team performance. In addition, the school district may
implement other staff development activities as required by law
and those associated with professional teacher compensation
models. Release time provided for teachers to supervise
students on field trips and school activities, or independent
tasks not associated with enhancing the teacher's knowledge and
skills, such as preparing report cards, calculating grades, or
organizing classroom materials, may not be counted as staff
development time that is financed with staff development
reserved revenue under section 122A.61.
new text end

Sec. 7.

Minnesota Statutes 2004, section 122A.60, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Staff development report. new text end

new text begin (a) By October 15 of
each year, the district and site staff development committees
shall write and submit a report of staff development activities
and expenditures for the previous year, in the form and manner
determined by the commissioner. The report must include
assessment and evaluation data indicating progress toward
district and site staff development goals based on teaching and
learning outcomes, including the percentage of teachers and
other staff involved in instruction participating in effective
staff development activities under subdivision 3.
new text end

new text begin (b) The report must provide a breakdown of expenditures for:
new text end

new text begin (1) curriculum development and curriculum training
programs; and
new text end

new text begin (2) staff development training models, workshops, and
conferences, and the cost of releasing teachers or providing
substitute teachers for staff development purposes.
new text end

new text begin The report must also include whether the expenditures were
incurred at the district level or the school site level, and
whether the school site expenditures were made possible by
grants to school sites that demonstrate exemplary use of
allocated staff development revenue. These expenditures must be
reported using the uniform financial and accounting and
reporting standards.
new text end

new text begin (c) The commissioner shall report the staff development
progress and expenditure data to the house of representatives
and senate committees having jurisdiction over education by
February 15 each year.
new text end

Sec. 8.

Minnesota Statutes 2004, section 122A.61,
subdivision 1, is amended to read:

Subdivision 1.

Staff development revenue.

A district is
required to reserve an amount equal to at least two percent of
the basic revenue under section 126C.10, subdivision 2, for
in-service education for programs under section 120B.22,
subdivision 2, for staff development plans, including plans for
challenging instructional activities and experiences under
section 122A.60, and for curriculum development and programs,
other in-service education, teachers' workshops, teacher
conferences, the cost of substitute teachers staff development
purposes, preservice and in-service education for special
education professionals and paraprofessionals, and other related
costs for staff development efforts. deleted text begin A district may annually
waive the requirement to reserve their basic revenue under this
section if a majority vote of the licensed teachers in the
district and a majority vote of the school board agree to a
resolution to waive the requirement. deleted text end A district in statutory
operating debt is exempt from reserving basic revenue according
to this section. Districts may expend an additional amount of
unreserved revenue for staff development based on their needs.
With the exception of amounts reserved for staff development
from revenues allocated directly to school sites, the board must
initially allocate 50 percent of the reserved revenue to each
school site in the district on a per teacher basis, which must
be retained by the school site until used. The board may retain
25 percent to be used for district wide staff development
efforts. The remaining 25 percent of the revenue must be used
to make grants to school sites for best practices methods. A
grant may be used for any purpose authorized under section
120B.22, subdivision 2, 122A.60, or for the costs of curriculum
development and programs, other in-service education, teachers'
workshops, teacher conferences, substitute teachers for staff
development purposes, and other staff development efforts, and
determined by the site professional development team. The site
professional development team must demonstrate to the school
board the extent to which staff at the site have met the
outcomes of the program. The board may withhold a portion of
initial allocation of revenue if the staff development outcomes
are not being met. new text begin A school district that participates in the
professional compensation initiative may, but is not required
to, reserve revenue under this section, except to the extent the
school district agrees to reserve or use revenue as a condition
of participation in the initiative.
new text end

Sec. 9.

Minnesota Statutes 2004, section 125A.76,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this
section, the definitions in this subdivision apply.

(a) "Base year" for fiscal year 1998 and later fiscal years
means the second fiscal year preceding the fiscal year for which
aid will be paid.

(b) "Basic revenue" has the meaning given it in section
126C.10, subdivision 2. For the purposes of computing basic
revenue pursuant to this section, each child with a disability
shall be counted as prescribed in section 126C.05, subdivision 1.

(c) "Essential personnel" means teachers, cultural
liaisons, related services, and support services staff providing
direct services to students. Essential personnel may also
include special education paraprofessionals or clericals
providing support to teachers and students by preparing
paperwork and making arrangements related to special education
compliance requirements, including parent meetings and
individual education plans.

(d) "Average daily membership" has the meaning given it in
section 126C.05.

(e) "Program growth factor" means 1.046 for fiscal year
2003, deleted text begin and deleted text end 1.0 for fiscal year 2004 new text begin through fiscal year 2006, and
1.046 for fiscal year 2007 new text end and later.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end

Sec. 10.

Minnesota Statutes 2004, section 125A.76,
subdivision 4, is amended to read:

Subd. 4.

State total special education aid.

The state
total special education aid for fiscal year 2004 equals
$530,642,000. The state total special education aid for fiscal
year 2005 equals $529,164,000. new text begin The state total special
education aid for fiscal year 2006 equals $578,967,000. new text end The
state total special education aid for later fiscal years equals:

(1) the state total special education aid for the preceding
fiscal year; times

(2) the program growth factor; times

(3) the ratio of the state total average daily membership
for the current fiscal year to the state total average daily
membership for the preceding fiscal year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end

Sec. 11.

Minnesota Statutes 2004, section 125A.79,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this
section, the definitions in this subdivision apply.

(a) "Unreimbursed special education cost" means the sum of
the following:

(1) expenditures for teachers' salaries, contracted
services, supplies, equipment, and transportation services
eligible for revenue under section 125A.76; plus

(2) expenditures for tuition bills received under sections
125A.03 to 125A.24 and 125A.65 for services eligible for revenue
under section 125A.76, subdivision 2; minus

(3) revenue for teachers' salaries, contracted services,
supplies, and equipment under section 125A.76; minus

(4) tuition receipts under sections 125A.03 to 125A.24 and
125A.65 for services eligible for revenue under section 125A.76,
subdivision 2.

(b) "General revenue" means for fiscal year 1996, the sum
of the general education revenue according to section 126C.10,
subdivision 1, as adjusted according to section 127A.47,
subdivision 7, plus the total referendum revenue according to
section 126C.17, subdivision 4. For fiscal years 1997 and
later, "general revenue" means the sum of the general education
revenue according to section 126C.10, subdivision 1, as adjusted
according to section 127A.47, subdivisions 7 and 8, plus the
total referendum revenue minus transportation sparsity revenue
minus total operating capital revenue.

(c) "Average daily membership" has the meaning given it in
section 126C.05.

(d) "Program growth factor" means 1.02 for fiscal year
2003, deleted text begin and deleted text end 1.0 for fiscal year 2004 new text begin through fiscal year 2006, and
1.02 for fiscal year 2007 new text end and later.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end

Sec. 12.

Minnesota Statutes 2004, section 125A.79,
subdivision 6, is amended to read:

Subd. 6.

State total special education excess cost aid.

The state total special education excess cost aid for fiscal
year 2004 equals $92,067,000. The state total special education
aid for fiscal year 2005 equals $91,811,000. new text begin The state total
special education aid for fiscal year 2006 equals $95,520,000.
new text end The state total special education excess cost aid for fiscal
year deleted text begin 2006 deleted text end new text begin 2007 new text end and later fiscal years equals:

(1) the state total special education excess cost aid for
the preceding fiscal year; times

(2) the program growth factor; times

(3) the ratio of the state total average daily membership
for the current fiscal year to the state total average daily
membership for the preceding fiscal year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end

Sec. 13.

Minnesota Statutes 2004, section 126C.10,
subdivision 2, is amended to read:

Subd. 2.

Basic revenue.

The basic revenue for each
district equals the formula allowance times the adjusted
marginal cost pupil units for the school year. deleted text begin The formula
allowance for fiscal year 2001 is $3,964. The formula allowance
for fiscal year 2002 is $4,068. deleted text end The formula allowance for
fiscal year 2003 new text begin through fiscal year 2005 is $4,601. The
formula allowance for fiscal year 2006 is $4,851. The formula
allowance for fiscal year 2007 new text end and subsequent years is
deleted text begin $4,601 deleted text end new text begin $5,101 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end

Sec. 14.

new text begin [127A.095] IMPLEMENTATION OF NO CHILD LEFT
BEHIND ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Continued implementation. new text end

new text begin The Department
of Education shall continue to implement the federal No Child
Left Behind Act, Public Law 107-110, without interruption.
new text end

new text begin Subd. 2. new text end

new text begin No child left behind review. new text end

new text begin (a) The
legislature states its intention to require the Department of
Education to conduct a comprehensive review of the consolidated
state plan submitted by the state to the federal Department of
Education on implementing the No Child Left Behind Act. The
Minnesota Department of Education shall review and seek waivers
under paragraph (b). If the Department of Education is unable
to obtain waivers under paragraph (b), it should make a
recommendation in its report under paragraph (b) about whether
the state should opt out of the No Child Left Behind Act.
new text end

new text begin (b) The commissioner shall report to the house of
representatives and senate committees having jurisdiction over
kindergarten through grade 12 education policy and finance by
April 1, 2006, whether the department has:
new text end

new text begin (1) received approval from the federal Department of
Education to allow the state to develop a plan using multiple
measures including value-added measurement of student
achievement in addition to relying on standardized test results
to evaluate school and student performance for the purpose of
determining adequate yearly progress;
new text end

new text begin (2) received approval from the federal Department of
Education to allow the state to average three years of data for
the purposes of identifying a school for improvement;
new text end

new text begin (3) developed a plan and model legislation to ensure that
if an adequate yearly progress determination was made in error,
that the error will not adversely affect the school's or school
district's sanction status in subsequent years. The department
must have a policy in place to correct errors to accountability
reports;
new text end

new text begin (4) reported the additional costs for state fiscal years
2006 to 2009 that the No Child Left Behind Act imposes on the
state, the state's school districts, and charter schools that
are in excess of costs associated with the Improving America's
Schools Act of 1994, Public Law 103-382;
new text end

new text begin (5) received approval from the federal Department of
Education to allow the state to use No Child Left Behind Act
money to provide supplemental education services only in the
academic subject area that causes a school to miss adequate
yearly progress;
new text end

new text begin (6) received approval from the federal Department of
Education to exclude from sanctions schools that have not made
adequate yearly progress solely due to a subgroup of students
with disabilities not testing at a proficient level;
new text end

new text begin (7) received approval from the federal Department of
Education to exclude from sanctions a school that is classified
as not having made adequate yearly progress solely due to
different subgroups testing below proficient levels for at least
two consecutive years;
new text end

new text begin (8) received approval from the federal Department of
Education to identify a school as not making adequate yearly
progress only after missing the adequate yearly progress targets
in the same subject and subgroup for two consecutive years;
new text end

new text begin (9) received approval from the federal Department of
Education to identify a district as in need of improvement only
after missing the adequate yearly progress target in the same
subject across multiple grade spans for two consecutive years;
new text end

new text begin (10) received approval from the federal Department of
Education to limit the score of a student within multiple
subgroups to the one subgroup that is the smallest subgroup in
which that student is a part of when calculating adequate yearly
progress;
new text end

new text begin (11) implemented a uniform financial reporting system for
school districts to report costs related to implementing No
Child Left Behind Act requirements, including the costs of
complying with sanctions;
new text end

new text begin (12) received approval from the federal Department of
Education to determine the percentage of the special education
students that would be best educated based on out-of-level
standards and tested accordingly based on an individual
education plan; and
new text end

new text begin (13) received approval from the federal Department of
Education to determine when to hold schools accountable for
including a student with limited English proficiency in adequate
yearly progress calculations.
new text end

new text begin Subd. 3. new text end

new text begin Department of finance certification. new text end

new text begin If the
commissioner of education has not received approval from the
federal Department of Education regarding the conditions in
subdivision 2, paragraph (b), the commissioner of finance shall
certify and report to the legislature beginning January 1, 2007,
and each year thereafter, the amount of federal revenue, if any,
that may be withheld by the federal government as a result of a
potential state decision to discontinue implementation of the No
Child Left Behind Act. The report shall also specify the
intended purpose of the federal revenue and the amount of
revenue that may be withheld from the state, each school
district, and each charter school in each fiscal year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 15. new text begin SCHOOL FINANCE STUDY.
new text end

new text begin (a) The commissioner of education must contract with an
independent contractor that has extensive experience working
with various states on education finance systems to continue and
complete the work done by the governor's education funding task
force included in the June 2004 report, Investing in Our
Future. The commissioner must contract with a firm other than
the consulting firm performing services for and submitting a
report on behalf of the governor's education funding task force.
new text end

new text begin (b) The contractor must:
new text end

new text begin (1) conduct an in-depth analysis of the governor's
education funding task force report, Investing in Our Future,
dated June 2004, focusing on the data produced by the
professional judgment panel study included in the report;
new text end

new text begin (2) convene a meeting in Minnesota to help gather any
necessary additional data that is not contained in the
governor's task force report or to further validate some of the
report's existing data;
new text end

new text begin (3) determine the dollar value of an instructional services
allocation, including cost estimates for each school district
adjusting the allocation for individual student and school
district characteristics; and
new text end

new text begin (4) conduct outreach and support to explain its findings to
appropriate officials in Minnesota.
new text end

new text begin (c) In addition to the requirements in paragraph (b), the
contractor must analyze data from Minnesota school districts
that have proven to be successful in educating students to meet
the state's academic standards. The contractor must use a
statistical analysis to help explain differences in spending
across school districts while controlling for student
performance.
new text end

new text begin (d) The commissioner must report on the findings on the
contract to the legislative committees having jurisdiction over
kindergarten through grade 12 finance before December 15, 2005.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 16. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of education. new text end

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

new text begin Subd. 2. new text end

new text begin Improved school finance system contract. new text end

new text begin For a
contract to follow up on the work of the governor's education
funding task force:
new text end

new text begin $ 175,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin Subd. 3. new text end

new text begin Staff development state match. new text end

new text begin For the state
match for staff development under Minnesota Statutes, section
122A.61:
new text end

new text begin $45,939,000 new text end new text begin ..... new text end new text begin 2006
new text end

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

new text begin Special School District No. 6, South St. Paul, may use its
state match to implement its elementary and middle school
international baccalaureate program expansion.
new text end

new text begin Subd. 4. new text end

new text begin Professional compensation for teachers. new text end

new text begin For
professional compensation for teachers aid established under
Minnesota Statutes, section 122A.4142:
new text end

new text begin $8,700,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $8,700,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin If the appropriations under this subdivision are
insufficient to fund all program participants, a participant may
receive less than the maximum per pupil amount available under
Minnesota Statutes, section 122A.4142, subdivision 4. A
qualifying district or site receiving professional compensation
for teacher funding under this subdivision may use the funding
it receives to leverage additional funds from a national program
for enhancing teacher professionalism. Grantees who received
revenue in fiscal year 2005 under Minnesota Statutes 2004,
sections 122A.413 to 122A.415 shall receive revenue in fiscal
years 2006 and 2007 under Minnesota Statutes, section 122A.4142.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 122A.414 and 122A.415,
are repealed.
new text end

ARTICLE 2

EARLY CHILDHOOD

Section 1.

Minnesota Statutes 2004, section 13.32,
subdivision 2, is amended to read:

Subd. 2.

Student health and census data; data on
parents.

(a) Health data concerning students, including but not
limited to, data concerning immunizations, notations of special
physical or mental problems and records of school nurses are
educational data. Access by parents to student health data
shall be pursuant to section 13.02, subdivision 8.

(b) Pupil census data, including emergency information and
family information are educational data.

(c) new text begin Results from student mental health screenings must be
released to the child's parents or legal guardians and must not
be maintained in the student record, unless the parent or
guardian consents to the inclusion of the screening in the
student record under section 121A.17, subdivision 3, paragraph
(b), clause (1).
new text end

new text begin (d) new text end Data concerning parents are private data on individuals
but may be treated as directory information if the same
procedures that are used by a school district to designate
student data as directory information under subdivision 5 are
followed.

Sec. 2.

Minnesota Statutes 2004, section 121A.17,
subdivision 1, is amended to read:

Subdivision 1.

Early childhood developmental screening.

Every school board must provide for a mandatory program of early
childhood developmental screening for children new text begin at least new text end once
before school entrance, targeting children who are between deleted text begin 3-1/2
deleted text end new text begin three new text end and four years old. This screening program must be
established either by one board, by two or more boards acting in
cooperation, by service cooperatives, by early childhood family
education programs, or by other existing programs. This
screening examination is a mandatory requirement for a student
to continue attending kindergarten or first grade in a public
school. A child need not submit to developmental screening
provided by a board if the child's health records indicate to
the board that the child has received comparable developmental
screening from a public or private health care organization or
individual health care provider. new text begin A student identification
number, as defined by the commissioner of education, shall be
assigned at the time of early childhood developmental screening
or at the time of the provision of health records indicating a
comparable screening. Each school district must provide the
essential data in accordance with section 125B.07, subdivision
6, to the Department of Education. new text end Districts are encouraged to
reduce the costs of preschool developmental screening programs
by utilizing volunteers new text begin and public or private health care
organizations or individual health care providers new text end in
implementing the program.

Sec. 3.

Minnesota Statutes 2004, section 121A.17,
subdivision 3, is amended to read:

Subd. 3.

Screening program.

(a) A screening program must
include at least the following components: developmental
assessments, new text begin a socioemotional development screening, new text end hearing and
vision screening or referral, immunization review and referral,
the child's height and weight, identification of risk factors
that may influence learning, new text begin screening for autism spectrum
disorders, new text end an interview with the parent about the child, and
referral for assessment, diagnosis, and treatment new text begin or referrals
to appropriate resources new text end when potential needs are identified.
new text begin For purposes of this section, socioemotional screening means
assessing a child's ability, in the context of family,
community, and cultural expectations, to (1) experience,
control, and express emotions, (2) form close and secure
interpersonal relationships, and (3) explore and experience
surroundings and learn from them.
new text end

The district and the person performing or supervising the
screening must provide a parent or guardian with clear written
notice that the parent or guardian may decline to answer
questions or provide information about family circumstances that
might affect development and identification of risk factors that
may influence learning new text begin and that the socioemotional development
part of the early childhood screening is voluntary as described
in paragraph (b) new text end . The notice must clearly state that declining
to answer questions or provide information does not prevent the
child from being enrolled in kindergarten or first grade if all
other screening components are met. If a parent or guardian is
not able to read and comprehend the written notice, the district
and the person performing or supervising the screening must
convey the information in another manner. The notice must also
inform the parent or guardian that a child need not submit to
the district screening program if the child's health records
indicate to the school that the child has received comparable
developmental screening performed within the preceding 365 days
by a public or private health care organization or individual
health care provider. The notice must be given to a parent or
guardian at the time the district initially provides information
to the parent or guardian about screening and must be given
again at the screening location.

(b) new text begin (1) The socioemotional component of the developmental
assessment may be included in the early childhood development
screening if the parent or guardian has been provided with a
clear written notice that this component of the screening is
voluntary, and the parent or guardian has signed a document
developed and approved by the commissioner either allowing or
declining the socioemotional development component of the early
childhood developmental screening and either allowing or
declining the inclusion of the screening in the student record.
The socioemotional component of the developmental assessment
shall be conducted with a screening instrument approved by the
commissioner of human services, as the designated state mental
health authority, according to criteria that are updated and
issued annually to ensure that approved screening instruments
are valid and useful for this population.
new text end

new text begin (2) new text end All new text begin other new text end screening components shall be consistent with
the standards of the state commissioner of health for early
developmental screening programs. A developmental screening
program must not provide laboratory tests or a physical
examination to any child. The district must request from the
public or private health care organization or the individual
health care provider the results of any laboratory test or
physical examination within the 12 months preceding a child's
scheduled screening.

(c) If a child is without health coverage, the school
district must refer the child to an appropriate health care
provider.

(d) A board may offer additional components such as
nutritional, physical and dental assessments, review of family
circumstances that might affect development, blood pressure,
laboratory tests, and health history.

(e) If a statement signed by the child's parent or guardian
is submitted to the administrator or other person having general
control and supervision of the school that the child has not
been screened because of conscientiously held beliefs of the
parent or guardian, the screening is not required.

new text begin (f) The district must develop and implement community
outreach plans to diverse populations to promote all children
being screened at least once before school entrance, targeting
children who are between three and four years old. Districts
are encouraged to include parents, early care and education
programs, community partners, public or private health care
organizations, and individual health care providers in the
development of the outreach plans.
new text end

Sec. 4.

Minnesota Statutes 2004, section 121A.17, is
amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

new text begin Follow-up socioemotional development
screening. new text end

new text begin If the results of a school district conducted
socioemotional development screening of a child indicates a need
for further assessment, the district is not financially
responsible for a mental health diagnostic assessment. The
district must notify a child's parent or legal guardian of the
screening results, and may provide the child's parent or legal
guardian with referrals to community providers. If a child is
without health coverage, the district must inform the child's
parent or legal guardian of an appropriate health care
provider. This subdivision does not preclude the district from
providing educational assessments.
new text end

Sec. 5.

Minnesota Statutes 2004, section 121A.17,
subdivision 5, is amended to read:

Subd. 5.

Developmental screening program information.

The board must inform each resident family with a child eligible
to participate in the developmental screening program about the
availability of the program and the state's requirement that a
child receive developmental screening new text begin , or present health records
documenting that the child has received comparable developmental
screening performed within the preceding 365 days by a public or
private health care organization or individual health care
provider, new text end not later than 30 days after the first day of
attending kindergarten in a public school. new text begin A school district
must inform each resident family that the family has the option
to participate in the screening conducted by the school district
or receive screening conducted by a public or private health
organization or individual health care provider.
new text end

Sec. 6.

Minnesota Statutes 2004, section 121A.19, is
amended to read:

121A.19 DEVELOPMENTAL SCREENING AID.

Each school year, the state must pay a district deleted text begin $40 deleted text end new text begin $50 new text end for
each new text begin three-year-old new text end child screened new text begin ; $40 for each four-year-old
child screened; and $30 for each five-year-old child screened
prior to kindergarten new text end according to the requirements of section
121A.17. If this amount of aid is insufficient, the district
may permanently transfer from the general fund an amount that,
when added to the aid, is sufficient.

Sec. 7.

new text begin [121A.2201] PSYCHOTROPIC DRUGS.
new text end

new text begin A parent's refusal to consent to the administration of a
psychotropic drug to the parent's child or to a psychiatric
evaluation, screening, or examination of a student or child
shall not be used as grounds, by itself, for prohibiting the
child from attending a class or participating in a
school-related activity.
new text end

new text begin A school district must not recommend that a student use a
psychotropic drug.
new text end

Sec. 8.

Minnesota Statutes 2004, section 124D.135,
subdivision 1, is amended to read:

Subdivision 1.

Revenue.

The revenue for early childhood
family education programs for a school district equals deleted text begin $120 for
fiscal years 2003 and 2004 and deleted text end $96 for fiscal year deleted text begin 2005 deleted text end new text begin 2006 and
$112 for fiscal year 2007 new text end and later, times the greater of:

(1) 150; or

(2) the number of people under five years of age residing
in the district on October 1 of the previous school year.

Sec. 9.

new text begin [124D.145] EARLY LEARNING GUIDELINES.
new text end

new text begin Subdivision 1. new text end

new text begin Commissioners of education and human
services. new text end

new text begin The commissioners of education and human services
shall disseminate information to parents or legal guardians and
provide information and training guidance to early care and
education providers on the early learning guidelines developed
for three- and four-year-old children that describe what
children should know and be able to do to be prepared for
kindergarten entrance.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner of human services. new text end

new text begin The
commissioner of human services shall develop early learning
guidelines and distribute the guidelines to parents or legal
guardians and early care and education providers. The
guidelines must include what children from birth to age three
should know and be able to do to be prepared for kindergarten
entrance. The commissioner shall provide information to parents
or legal guardians and information and training to early care
education providers on the guidelines.
new text end

new text begin Subd. 3. new text end

new text begin Early care and education program providers. new text end

new text begin An
early care and education program or provider that receives state
money must be provided with a copy of the early learning
guidelines for children birth to age five developed by the
commissioners of education and human services to guide the
program or provider in early care and education practices.
new text end

Sec. 10.

Minnesota Statutes 2004, section 124D.15,
subdivision 1, is amended to read:

Subdivision 1.

Establishment; purpose.

A district or a
group of districts may establish a school readiness program
for deleted text begin eligible deleted text end children new text begin age three to kindergarten entrance new text end . The
purpose of a school readiness program is to deleted text begin provide all eligible
children adequate opportunities to participate in child
development programs that enable the children to enter school
with the necessary skills and behavior and family stability and
support to progress and flourish deleted text end new text begin prepare children to enter
kindergarten new text end .

Sec. 11.

Minnesota Statutes 2004, section 124D.15,
subdivision 3, is amended to read:

Subd. 3.

Program deleted text begin eligibility deleted text end new text begin requirements new text end .

A school
readiness program must deleted text begin include the following deleted text end :

(1) deleted text begin a comprehensive plan to anticipate and meet the needs
of participating families by coordinating existing social
services programs and by fostering collaboration among agencies
or other community-based organizations and programs that provide
a full range of flexible, family-focused services to families
with young children deleted text end new text begin conduct a child development assessment on
each child to guide intentional curriculum planning and promote
kindergarten readiness. This assessment must be conducted on
each child at entrance into the program and once prior to exit
of the program and be maintained as part of a child's cumulative
record new text end ;

(2) deleted text begin a development and learning component to help children
develop appropriate social, cognitive, and physical skills, and
emotional well-being;
deleted text end

deleted text begin (3) health referral services to address children's medical,
dental, mental health, and nutritional needs deleted text end new text begin demonstrate use of
comprehensive curriculum based on early childhood research,
professional practice, and department guidelines that prepares
children for kindergarten new text end ;

deleted text begin (4) a nutrition component to meet children's daily
nutritional needs deleted text end new text begin (3) arrange for early childhood screening and
appropriate referral new text end ;

deleted text begin (5) parents' involvement in meeting children's educational,
health, social service, and other needs deleted text end new text begin (4) involve parents in
program planning and decision making new text end ;

deleted text begin (6) community outreach to ensure participation by families
who represent the racial, cultural, and economic diversity of
the community; deleted text end new text begin (5) coordinate with relevant community-based
services; and
new text end

deleted text begin (7) community-based staff and program resources, including
interpreters, that reflect the racial and ethnic characteristics
of the children participating in the program; and
deleted text end

deleted text begin (8) a literacy component to ensure that the literacy needs
of parents are addressed through referral to and cooperation deleted text end new text begin (6)
cooperate new text end with adult basic education programs and other adult
literacy programs.

Sec. 12.

Minnesota Statutes 2004, section 124D.15, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Application and reporting requirements. new text end

new text begin (a) A
school readiness program must submit a biennial plan to the
commissioner for approval to receive aid under section 124D.16.
The plan must document that the program will meet the program
requirements under subdivision 3. A school district shall
submit the biennial plan by April 1 to the commissioner on a
form prescribed by the commissioner. One-half of the districts
shall first submit the plan by April 1, 2006, and one-half of
the districts by April 1, 2007.
new text end

new text begin (b) Programs receiving school readiness funds must submit
an annual report to the department.
new text end

Sec. 13.

Minnesota Statutes 2004, section 124D.15,
subdivision 5, is amended to read:

Subd. 5.

Services with new or existing providers.

A
district deleted text begin is encouraged to deleted text end new text begin may new text end contract with a deleted text begin public deleted text end new text begin charter
school new text end or deleted text begin nonprofit deleted text end new text begin community-based new text end organization to provide
eligible children developmentally appropriate services that meet
the program requirements in subdivision 3. In the alternative,
a district may pay tuition or fees to place an eligible child in
an existing program. A district may establish a new program
where no existing, reasonably accessible program meets the
program requirements in subdivision 3. new text begin A copy of each contract
must be submitted to the commissioner with the biennial plan.
new text end Services may be provided in a site-based program or in the home
of the child or a combination of both. The district may not
restrict participation to district residents.

Sec. 14.

Minnesota Statutes 2004, section 124D.15,
subdivision 10, is amended to read:

Subd. 10.

Supervision.

A program provided by a board
must be supervised by a licensed early childhood teacher, a
certified early childhood educator, or a licensed parent
educator. deleted text begin A program provided according to a contract between a
district and a nonprofit organization or another private
organization must be supervised and staffed according to the
terms of the contract.
deleted text end

Sec. 15.

Minnesota Statutes 2004, section 124D.15,
subdivision 12, is amended to read:

Subd. 12.

Program fees.

A district deleted text begin may deleted text end new text begin must new text end adopt a
sliding fee schedule based on a family's income but must waive a
fee for a participant unable to pay. deleted text begin The fees charged must be
designed to enable eligible children of all socioeconomic levels
to participate in the program.
deleted text end

Sec. 16.

Minnesota Statutes 2004, section 124D.15, is
amended by adding a subdivision to read:

new text begin Subd. 14. new text end

new text begin Assistance. new text end

new text begin The department must provide
assistance to districts with programs described in this section.
new text end

Sec. 17.

Minnesota Statutes 2004, section 124D.16,
subdivision 2, is amended to read:

Subd. 2.

Amount of aid.

(a) A district is eligible to
receive school readiness aid new text begin for eligible prekindergarten pupils
enrolled in a school readiness program under section 124D.15 new text end if
the deleted text begin program deleted text end new text begin biennial new text end plan required by deleted text begin subdivision 1 deleted text end new text begin section
124D.15, subdivision 3a, new text end has been approved by the commissioner.

(b) For fiscal year 2002 and thereafter, a district must
receive school readiness aid equal to:

(1) the number of deleted text begin eligible deleted text end four-year-old children in the
district on October 1 for the previous school year times the
ratio of 50 percent of the total school readiness aid for that
year to the total number of deleted text begin eligible deleted text end four-year-old children
reported to the commissioner for the previous school year; plus

(2) the number of pupils enrolled in the school district
from families eligible for the free or reduced school lunch
program for the deleted text begin second deleted text end previous school year times the ratio of
50 percent of the total school readiness aid for that year to
the total number of pupils in the state from families eligible
for the free or reduced school lunch program for the deleted text begin second
deleted text end previous school year.

Sec. 18.

new text begin [124D.175] MINNESOTA EARLY LEARNING FOUNDATION.
new text end

new text begin Subdivision 1. new text end

new text begin Goal. new text end

new text begin The Minnesota Early Learning
Foundation is a public-private partnership which shall identify
cost-effective ways to deliver quality early care and education
experiences and parent education for families whose children are
at risk of being unprepared for school. The partnership shall
also develop infrastructure supports and accountability measures
to increase quality of early care and education settings and
build community capacity for school readiness. The partnership
shall evaluate the resulting benefits and long-term savings to
the Minnesota economy and the effectiveness of strategies for
increasing children's readiness for school at kindergarten
entrance.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin The Minnesota Early Learning Foundation,
once established under section 501(c)(3) of the Internal Revenue
Code, shall be governed by a board made up of public and private
citizens with more than 50 percent of the members from the
private sector. The governor shall appoint the public sector
members, including members from government, academia, and civil
society.
new text end

new text begin A review and planning advisory committee shall provide
knowledgeable counsel and advice to the executive director and
board for development of policies and procedures for the
Minnesota Early Learning Foundation and review of cost-effective
strategies for strengthening Minnesota's early care and
education capabilities. The committee shall include parents,
representatives of the early care and education field,
kindergarten through grade 12 education, public libraries, and
business leaders, and shall reflect the ethnic and geographic
diversity of the state of Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Matching funds; awards. new text end

new text begin The Minnesota Early
Learning Foundation shall match dollars appropriated from the
state with nonpublic dollars raised by the board. The board
shall award grants for:
new text end

new text begin (1) projects, including pilot projects that demonstrate
successful approaches to the delivery of early childhood
services and parent education to low-income families;
new text end

new text begin (2) scholarships to low-income families to access early
childhood parent education and high-quality early learning
programs for their children; and
new text end

new text begin (3) strategies to improve the quality of early care and
education through early learning standards and assessment, a
quality rating system, program improvement grants, and
professional development grants.
new text end

Sec. 19. new text begin COORDINATION OF EARLY CARE AND EDUCATION
PROGRAMS.
new text end

new text begin (a) The commissioners of education, human services, and
health shall identify how they will coordinate activities and
resources, with input from local communities and tribal
governments, including setting priorities, aligning policies,
and leveraging existing resources to achieve the goal for
increased school readiness of all Minnesota children. The
commissioners shall report on the progress made, which must
include information on:
new text end

new text begin (1) coordinating and disseminating resources and
information on school readiness and early care and education,
health and nutrition, including child mental health and family
support to:
new text end

new text begin (i) parents and families with children birth to age five
through key entry points, such as women, infants, and children
(WIC), family home visiting, child welfare, public and private
health care providers, and other public programs; and
new text end

new text begin (ii) early care and education providers, public and private
health care providers, foster care providers, temporary care
providers, shelters, crisis nurseries, and other facilities
providing long-term or temporary care for young children, birth
to age five;
new text end

new text begin (2) supporting families, schools, and communities in
facilitating the transition of young children into the
kindergarten environment;
new text end

new text begin (3) identifying, coordinating, and sharing resources and
strategies between state departments that address the cultural
and linguistic needs of families served;
new text end

new text begin (4) amending the state Medicaid plan to expand the use of
the child and teen checkup funding for allowable child
development services, such as outreach for early childhood
screening, and streamlining the process for voluntary
certification of school districts as child and teen checkup
providers; and
new text end

new text begin (5) referring children ages three to five in the child
welfare system to the Interagency Early Intervention System for
a developmental screening and referral to services if problems
are identified.
new text end

new text begin (b) The commissioners shall report to the senate and house
of representatives committees having jurisdiction over early
care and education by March 1, 2006.
new text end

Sec. 20. new text begin SCHOOL READINESS KINDERGARTEN ASSESSMENT
INITIATIVE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of
education shall establish a system for assessing the school
readiness of children entering kindergarten, building on the two
school readiness studies conducted by the Department of
Education in 2002 and 2003. The department shall also set
biennial milestones for progress in the number of children
reaching proficiency on all measures of the assessment.
new text end

new text begin Subd. 2. new text end

new text begin Description. new text end

new text begin (a) The school readiness
kindergarten assessment initiative must be implemented in all
school districts in Minnesota on a voluntary basis over a
five-year period. The schedule for implementation is as follows:
new text end

new text begin (1) fiscal year 2006, 6,000 entering kindergarteners;
new text end

new text begin (2) fiscal year 2007, 18,000 entering kindergarteners;
new text end

new text begin (3) fiscal year 2008, 30,000 entering kindergarteners;
new text end

new text begin (4) fiscal year 2009, 45,000 entering kindergarteners; and
new text end

new text begin (5) fiscal year 2010, 60,000 entering kindergarteners.
new text end

new text begin (b) Results of the assessment must be included in the
annual school performance report cards under Minnesota Statutes,
section 120B.36.
new text end

new text begin Subd. 3. new text end

new text begin Evaluation and reporting. new text end

new text begin The commissioner
shall evaluate the effectiveness of the data gathering system
for implementing developmental assessments at kindergarten
entrance on a school-by-school basis. The commissioner shall
report to the senate and house of representatives committees
having jurisdiction over early childhood education on the
progress toward reaching the milestones in odd-numbered years
beginning with fiscal year 2007.
new text end

Sec. 21. new text begin ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID;
FISCAL YEAR 2006.
new text end

new text begin A district that has levied for early childhood family
education revenue for fiscal year 2006 and that complies with
the provisions of Minnesota Statutes, section 124D.13, shall
receive supplemental early childhood family education aid
revenue in fiscal year 2006 equal to $16 times the greater of
150 or the number of children under five years of age residing
in the school district on October 1 of the previous school
year. This revenue is in addition to any state aid the district
may receive under Minnesota Statutes, section 124D.135,
subdivision 4, and must be used for early childhood family
education programs.
new text end

Sec. 22. new text begin GRANTS TO PROMOTE KINDERGARTEN READINESS AND
SUPPORT FAMILIES.
new text end

new text begin Subdivision 1. new text end

new text begin Administration. new text end

new text begin The commissioner of
education shall award a planning grant for $50,000 to develop a
project in Northwest Hennepin County that will promote the
school readiness of children by coordinating and collaborating
with community-based and neighborhood-based services that help
stabilize at-risk families, and that support and assist parents
in meeting the health and developmental needs of their children
at the earliest possible age.
new text end

new text begin Subd. 2. new text end

new text begin Program components. new text end

new text begin (a) Planning projects
eligible for grant funding under this section must propose to:
new text end

new text begin (1) collaborate and coordinate delivery of services with
community organizations and agencies serving children and their
families;
new text end

new text begin (2) target services to families with children with services
increasing based on financial needs;
new text end

new text begin (3) build on existing services and coordinate a continuum
of essential services, including, but not limited to, health
services, family economic assistance, parent education and
support, and preschool programs;
new text end

new text begin (4) provide strategic outreach efforts to families using
culturally specific social support, information, outreach, and
other programs to promote healthy development of children and to
help parents obtain the information, resources, and parenting
skills needed to nurture and care for their children;
new text end

new text begin (5) offer programs to expand public and private
collaboration to promote the development of a coordinated and
culturally specific system of services available to all
families; and
new text end

new text begin (6) offer other programs or services to improve the health,
development, and school readiness of children in target
neighborhoods and communities.
new text end

new text begin Subd. 3. new text end

new text begin Eligible grantees. new text end

new text begin An application for a grant
may be submitted by a nonprofit organization, or consortium of
nonprofit organizations, that demonstrates collaborative effort
with at least one unit of local government.
new text end

new text begin Subd. 4. new text end

new text begin Distribution. new text end

new text begin To the extent possible, the
commissioner shall award a grant to applicants with experience
or demonstrated ability in providing comprehensive,
multidisciplinary, community-based programs with objectives
similar to those listed in subdivision 2, or in providing other
human services or social services programs using a
multidisciplinary, community-based approach.
new text end

new text begin Subd. 5. new text end

new text begin Applications. new text end

new text begin The application must be submitted
on forms provided by the commissioner of education. The grant
application must include:
new text end

new text begin (1) a description of the specific community that will be
served under the program and the name, address, and a
description of each community agency or agencies involved in the
planning process;
new text end

new text begin (2) a letter of intent from each community agency
identified in clause (1) that indicates the agency's willingness
to participate in the program planning; and
new text end

new text begin (3) a description of how public and private resources,
including schools, health care facilities, government agencies,
neighborhood organizations, and other resources, will be
coordinated in the planning process.
new text end

new text begin Subd. 6. new text end

new text begin Match. new text end

new text begin Each dollar of state money must be
matched with 50 cents of nonstate money. A program may match
state money with in-kind contributions, including volunteer
assistance.
new text end

new text begin Subd. 7. new text end

new text begin Advisory committee. new text end

new text begin Each grantee must establish
a program advisory board to advise the grantee on program
design. The board must include representatives of local units
of government and representatives of the project area who
reflect the geographic, cultural, racial, and ethnic diversity
of that community.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end

Sec. 23. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of education. new text end

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

new text begin Subd. 2. new text end

new text begin Minnesota early learning foundation. new text end

new text begin For the
Minnesota Early Learning Foundation under Minnesota Statutes,
section 124D.175:
new text end

new text begin $ 2,500,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin This is a onetime appropriation. Any amounts not expended
in fiscal year 2006 may be carried forward to fiscal year 2007.
new text end

new text begin Subd. 3. new text end

new text begin Department of education administration. new text end

new text begin For the
Department of Education to administer the provisions of this
article:
new text end

new text begin $ 450,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $ 500,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin These amounts must be added to the department's base
appropriations.
new text end

new text begin Subd. 4. new text end

new text begin Kindergarten readiness and family support. new text end

new text begin For
grants to promote kindergarten readiness and support families
under section 26:
new text end

new text begin $ 50,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin This appropriation is available until June 30, 2007.
new text end

new text begin Subd. 5. new text end

new text begin School readiness. new text end

new text begin For revenue for school
readiness programs under Minnesota Statutes, sections 124D.15
and 124D.16:
new text end

new text begin $10,706,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $11,042,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin The 2006 appropriation includes $1,417,000 for 2005 and
$9,289,000 for 2006.
new text end

new text begin The 2007 appropriation includes $1,729,000 for 2006 and
$9,313,000 for 2007.
new text end

new text begin Subd. 6. new text end

new text begin Early childhood family education aid. new text end

new text begin For early
childhood family education aid under Minnesota Statutes, section
124D.135:
new text end

new text begin $16,765,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $18,039,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin The 2006 appropriation includes $1,862,000 for 2005 and
$14,903,000 for 2006.
new text end

new text begin The 2007 appropriation includes $2,776,000 for 2006 and
$15,263,000 for 2007.
new text end

new text begin Subd. 7. new text end

new text begin Health and developmental screening aid. new text end

new text begin For
health and developmental screening aid under Minnesota Statutes,
sections 121A.17 and 121A.19:
new text end

new text begin $3,076,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $3,512,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin The 2006 appropriation includes $418,000 for 2005 and
$2,658,000 for 2006.
new text end

new text begin The 2007 appropriation includes $495,000 for 2006 and
$3,017,000 for 2007.
new text end

new text begin Subd. 8. new text end

new text begin Head start program. new text end

new text begin For Head Start programs
under Minnesota Statutes, section 119A.52:
new text end

new text begin $20,868,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $21,000,000 new text end new text begin ..... new text end new text begin 2007
new text end

Sec. 24. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, sections 124D.15, subdivisions
2, 4, 6, 7, 8, 9, 11, and 13; and 124D.16, subdivision 4, are
repealed.
new text end

new text begin (b) Minnesota Statutes 2004, section 124D.16, subdivision
1, is repealed effective July 1, 2006.
new text end

ARTICLE 3

CHILD CARE

Section 1.

Minnesota Statutes 2004, section 119B.09,
subdivision 1, is amended to read:

Subdivision 1.

General eligibility requirements for all
applicants for child care assistance.

(a) Child care services
must be available to families who need child care to find or
keep employment or to obtain the training or education necessary
to find employment and who:

(1) meet the requirements of section 119B.05; receive MFIP
assistance; and are participating in employment and training
services under chapter 256J or 256K;

(2) have household income below the eligibility levels for
MFIP; or

(3) have household income less than or equal to deleted text begin 175 deleted text end new text begin 200
new text end percent of the federal poverty guidelines, adjusted for family
size, at program entry and less than 250 percent of the federal
poverty guidelines, adjusted for family size, at program exit.

(b) Child care services must be made available as in-kind
services.

(c) All applicants for child care assistance and families
currently receiving child care assistance must be assisted and
required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the
family as a condition of program eligibility. For purposes of
this section, a family is considered to meet the requirement for
cooperation when the family complies with the requirements of
section 256.741.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 119B.13, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Provider rate bonus for montessori
accreditation. new text end

new text begin A Montessori child care provider accredited by
the American Montessori Society, the Association Montessori
International-USA, or the National Center for Montessori
Education shall be paid a ten percent bonus above the maximum
child care assistance rate.
new text end

Sec. 3. new text begin PARENT FEE SCHEDULE.
new text end

new text begin Notwithstanding Minnesota Rules, part 3400.0100, subpart 4,
the parent fee schedule is as follows:
new text end

new text begin Income Range (as a new text end new text begin Co-payment (as a
percent of the federal new text end new text begin percentage of adjusted
poverty guidelines) new text end new text begin gross income)
new text end

new text begin 0-74.99% new text end new text begin $0/month
75.00-99.99% new text end new text begin $5/month
100.00-104.99% new text end new text begin 3.23%
105.00-109.99% new text end new text begin 3.23%
110.00-114.99% new text end new text begin 3.23%
115.00-119.99% new text end new text begin 3.23%
120.00-124.99% new text end new text begin 3.60%
125.00-129.99% new text end new text begin 3.60%
130.00-134.99% new text end new text begin 3.60%
135.00-139.99% new text end new text begin 3.60%
140.00-144.99% new text end new text begin 3.97%
145.00-149.99% new text end new text begin 3.97%
150.00-154.99% new text end new text begin 3.97%
155.00-159.99% new text end new text begin 4.75%
160.00-164.99% new text end new text begin 4.75%
165.00-169.99% new text end new text begin 5.51%
170.00-174.99% new text end new text begin 5.88%
175.00-179.99% new text end new text begin 6.25%
180.00-184.99% new text end new text begin 6.98%
185.00-189.99% new text end new text begin 7.35%
190.00-194.99% new text end new text begin 7.72%
195.00-199.99% new text end new text begin 8.45%
200.00-204.99% new text end new text begin 9.92%
205.00-209.99% new text end new text begin 12.22%
210.00-214.99% new text end new text begin 12.65%
215.00-219.99% new text end new text begin 13.09%
220.00-224.99% new text end new text begin 13.52%
225.00-229.99% new text end new text begin 14.35%
230.00-234.99% new text end new text begin 15.71%
235.00-239.99% new text end new text begin 16.28%
240.00-244.99% new text end new text begin 17.37%
245.00-249.99% new text end new text begin 18.00%
250% new text end new text begin ineligible
new text end

new text begin A family's monthly co-payment fee is the fixed percentage
established for the income range multiplied by the highest
possible income within that income range.
new text end

Sec. 4. new text begin REPORT ON MEETING GOALS OF THE CHILD CARE
ASSISTANCE PROGRAM.
new text end

new text begin The commissioner of human services shall monitor the
progress related to meeting the goals of the child care
assistance program, which is to provide child care assistance to
low-income working families to allow parents to work and to
access child care in the private market, and to ensure that
children from low-income families are well cared for and ready
to learn when they arrive at school. The commissioner of human
services shall report the findings to the senate and house of
representatives committees having jurisdiction over child care
issues on an annual basis beginning January 15, 2006.
new text end

Sec. 5. new text begin VOLUNTARY QUALITY RATING SYSTEM FOR CHILD CARE.
new text end

new text begin (a) The commissioner of human services, in partnership with
the Ready 4 K Quality Rating System Task Force and other
interested organizations, shall develop a plan by January 15,
2006, for a voluntary quality rating system for child care that
provides consumer information to parents, identifies quality
child care settings, and raises the quality of care in child
care settings. The plan shall include the process for choosing
an early care and education nonprofit organization to administer
the quality rating system.
new text end

new text begin (b) The quality rating system must:
new text end

new text begin (1) be aligned with the early learning guidelines developed
by the commissioners of education and human services;
new text end

new text begin (2) be research-based;
new text end

new text begin (3) provide easy-to-understand information for parents;
new text end

new text begin (4) be objective and verifiable;
new text end

new text begin (5) be fair and representative of the care provided by
child care programs;
new text end

new text begin (6) be aligned with the Head Start performance standards
and the Minnesota Department of Education's standards for school
readiness programs in the public schools; and
new text end

new text begin (7) include at a minimum:
new text end

new text begin (i) quality learning environment indicators;
new text end

new text begin (ii) staff qualification indicators;
new text end

new text begin (iii) family involvement and parent education indicators;
and
new text end

new text begin (iv) program evaluation.
new text end

Sec. 6. new text begin STUDY ON STANDARD STATEWIDE CHILD CARE LICENSE
FEE.
new text end

new text begin The commissioner of human services, in conjunction with the
Minnesota Association of County Social Services Administrators
and the Minnesota Licensed Family Child Care Association, shall
study the feasibility of setting a standard statewide license
fee for licensed family child care providers, and shall make
recommendations on a statewide standard fee in a report to the
chairs of the senate and house of representatives committees
having jurisdiction over child care issues. The report is due
January 15, 2006.
new text end

Sec. 7. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of human services. new text end

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

new text begin Subd. 2. new text end

new text begin Basic sliding fee unexpended funds.
new text end

new text begin Notwithstanding Minnesota Statutes, section 119B.03, subdivision
5, paragraph (b), and Minnesota Rules, part 3400.0060, subpart
4d, federal money available due to prior year underspending is
appropriated for purposes allowed under Minnesota Statutes,
section 119B.03, as follows:
new text end

new text begin $4,865,208 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $8,710,841 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin $2,381,287 new text end new text begin ..... new text end new text begin 2008
new text end

new text begin $2,381,287 new text end new text begin ..... new text end new text begin 2009
new text end

new text begin Subd. 3. new text end

new text begin Department of human services. new text end

new text begin For the
Department of Human Services to administer the provisions of
this article:
new text end

new text begin $ 200,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $ 150,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin The amount appropriated for fiscal year 2007 is added to
the department's base appropriations.
new text end

new text begin Subd. 4. new text end

new text begin Basic sliding fee. new text end

new text begin For basic sliding fee under
Minnesota Statutes, section 119B.03:
new text end

new text begin $32,892,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $32,928,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin The general fund base is increased by $7,109,000 in fiscal
years 2008 and 2009 for basic sliding fee child care assistance.
new text end

ARTICLE 4

ADULT BASIC EDUCATION

Section 1.

Minnesota Statutes 2004, section 124D.20,
subdivision 3, is amended to read:

Subd. 3.

General community education revenue.

The
general community education revenue for a district equals $5.95
for fiscal year 2003 and 2004 deleted text begin and deleted text end new text begin , new text end $5.23 for fiscal year 2005
and deleted text begin later deleted text end new text begin 2006 new text end , new text begin and $5.43 for fiscal years 2007 and later, new text end times
the greater of 1,335 or the population of the district. The
population of the district is determined according to section
275.14.

Sec. 2.

Minnesota Statutes 2004, section 124D.20,
subdivision 5, is amended to read:

Subd. 5.

Total community education levy.

To obtain total
community education revenue, a district may levy the amount
raised by a maximum tax rate of .985 percent new text begin in fiscal year
2006, and .871 percent in fiscal year 2007 new text end times the adjusted
net tax capacity of the district. If the amount of the total
community education levy would exceed the total community
education revenue, the total community education levy shall be
determined according to subdivision 6. new text begin The commissioner is
directed to adjust the tax rate for fiscal years 2008 and 2009
to maintain the level of property tax projected in the February
2005 forecast.
new text end

Sec. 3.

Minnesota Statutes 2004, section 124D.531,
subdivision 1, is amended to read:

Subdivision 1.

State total adult basic education aid.

(a) The state total adult basic education aid for fiscal year
2004 equals $34,388,000. The state total adult basic education
aid for fiscal year 2005 deleted text begin and later is deleted text end new text begin equals new text end $36,509,000. new text begin The
state total adult basic education aid for fiscal year 2006
equals $37,604,000. The state total adult basic education aid
for later fiscal years equals:
new text end

new text begin (1) the state total adult basic education aid for the
preceding fiscal year; times
new text end

new text begin (2) the lesser of:
new text end

new text begin (i) 1.03; or
new text end

new text begin (ii) the ratio of the state total contact hours in the
first prior program year to the state total contact hours in the
second prior program year. The ratio cannot be less than 1.00.
new text end Beginning in fiscal year 2002, two percent of the state total
adult basic education aid must be set aside for adult basic
education supplemental service grants under section 124D.522.

(b) The state total adult basic education aid, excluding
basic population aid, equals the difference between the amount
computed in paragraph (a), and the state total basic population
aid under subdivision 2.

Sec. 4.

Minnesota Statutes 2004, section 124D.531,
subdivision 4, is amended to read:

Subd. 4.

Adult basic education program aid limit.

(a)
Notwithstanding subdivisions 2 and 3, the total adult basic
education aid for a program per prior year contact hour must not
exceed $21 per prior year contact hour computed under
subdivision 3, clause (2).

(b) For fiscal year 2004, the aid for a program under
subdivision 3, clause (2), adjusted for changes in program
membership, must not exceed the aid for that program under
subdivision 3, clause (2), for fiscal year 2003 by more than the
greater of eight percent or $10,000.

(c) For fiscal year 2005, the aid for a program under
subdivision 3, clause (2), adjusted for changes in program
membership, must not exceed the sum of the aid for that program
under subdivision 3, clause (2), and Laws 2003, First Special
Session chapter 9, article 9, section 8, paragraph (a), for the
preceding fiscal year by more than the greater of eight percent
or $10,000.

(d) For fiscal year 2006 and later, the aid for a program
under subdivision 3, clause (2), adjusted for changes in program
membership, must not exceed the aid for that program under
subdivision 3, clause (2), for the first preceding fiscal year
by more than the greater of eight percent or $10,000.

(e) Adult basic education aid is payable to a program for
unreimbursed costs.

new text begin (f) Any adult basic education aid that is not paid to a
program because of the program aid limitation under paragraph
(a) must be added to the state total adult basic education aid
for the next fiscal year under subdivision 1. Any adult basic
education aid that is not paid to a program because of the
program aid limitations under paragraph (b), (c), or (d) must be
reallocated among programs by adjusting the rate per contact
hour under subdivision 3, clause (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies for revenue distributions
for fiscal years 2006 and later.
new text end

Sec. 5.

new text begin [124D.532] ADULT LITERACY GRANTS FOR RECENT
IMMIGRANTS TO MINNESOTA.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin An adult literacy grant
program for recent immigrants to Minnesota is established in
order to meet the English language needs of the unanticipated
refugees and immigrants to the state of Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin The commissioner of education shall
consult adult basic education service providers in establishing
the form and manner of the grant program. The commissioner
shall award grants to organizations providing adult literacy
services in order to help offset the additional costs due to
unanticipated high enrollments of recent refugees and immigrants.
new text end

Sec. 6. new text begin ADDITIONAL COMMUNITY EDUCATION AID FOR FISCAL
YEAR 2006.
new text end

new text begin A district that has levied for community education revenue
for fiscal year 2006 and that complies with the provisions of
Minnesota Statutes, section 124D.19, shall receive supplemental
state aid revenue in fiscal year 2006, equal to 20 cents times
the greater of 1,335 or the population of the district
determined according to Minnesota Statutes, section 275.14.
This revenue is in addition to any state aid the district may
receive under Minnesota Statutes, section 124D.20, subdivision
7, and must be used according to subdivision 8 of that section.
new text end

Sec. 7. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of education. new text end

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

new text begin Subd. 2. new text end

new text begin Supplemental community education revenue. new text end

new text begin For
the supplemental community education revenue under Minnesota
Statutes, section 124D.205:
new text end

new text begin $ 871,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $1,044,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin The 2006 appropriation includes $871,000 for fiscal year
2006.
new text end

new text begin The 2007 appropriation includes $162,000 for fiscal year
2006 and $882,000 for fiscal year 2007.
new text end

new text begin Subd. 3. new text end

new text begin Adult literacy grants for recent immigrants to
minnesota. new text end

new text begin For adult literacy grants for recent immigrants to
Minnesota:
new text end

new text begin $1,500,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $1,500,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin Subd. 4. new text end

new text begin Adult basic education aid. new text end

new text begin For adult basic
education aid under Minnesota Statutes, section 124D.531:
new text end

new text begin $37,539,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $38,678,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin The 2006 appropriation includes $5,707,000 for 2005 and
$31,832,000 for 2006.
new text end

new text begin The 2007 appropriation includes $5,928,000 for 2006 and
$32,750,000 for 2007.
new text end

ARTICLE 5

PREVENTION POLICY

Section 1.

Minnesota Statutes 2004, section 119A.46,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in
section 144.9501 and in this subdivision apply to this section.

(b) "Eligible organization" means a lead contractor, city,
board of health, community health department, community action
agency as defined in section 119A.374, or community development
corporation.

(c) "Commissioner" means the commissioner of deleted text begin education
deleted text end new text begin health new text end , or the commissioner of the Minnesota Housing Finance
Agency as authorized by section 462A.05, subdivision 15c.

Sec. 2.

Minnesota Statutes 2004, section 119A.46,
subdivision 2, is amended to read:

Subd. 2.

Grants; administration.

Within the limits of
the available appropriation, the commissioner must develop a
swab team services program which may make demonstration and
training grants to eligible organizations to train workers to
provide swab team services and swab team services for
residential property. Grants may be awarded to nonprofit
organizations to provide technical assistance and training to
ensure quality and consistency within the statewide program.
Grants must be awarded to help ensure full-time employment to
workers providing swab team services and must be awarded for a
two-year period.

Grants awarded under this section must be made in
consultation with the deleted text begin commissioners of the Department of Health
and deleted text end new text begin commissioner of new text end the Housing Finance Agency deleted text begin , deleted text end and
representatives of neighborhood groups from areas at high risk
for toxic lead exposure, a labor organization, the lead
coalition, community action agencies, and the legal aid
society. The consulting team must review grant applications and
recommend awards to eligible organizations that meet
requirements for receiving a grant under this section.

Sec. 3.

Minnesota Statutes 2004, section 119A.46,
subdivision 3, is amended to read:

Subd. 3.

Applicants.

(a) Interested eligible
organizations may apply to the commissioner for grants under
this section. Two or more eligible organizations may jointly
apply for a grant. Priority shall be given to community action
agencies in greater Minnesota and to either community action
agencies or neighborhood based nonprofit organizations in cities
of the first class. Of the total annual appropriation, 12.5
percent may be used for administrative purposes. The
commissioner may deviate from this percentage if a grantee can
justify the need for a larger administrative allowance. Of this
amount, up to five percent may be used by the commissioner for
state administrative purposes. Applications must provide
information requested by the commissioner, including at least
the information required to assess the factors listed in
paragraph (d).

(b) The commissioner must deleted text begin coordinate with the commissioner
of health who must deleted text end consult with boards of health to provide swab
team services for purposes of secondary prevention. The
priority for swab teams created by grants to eligible
organizations under this section must be work assigned by the
commissioner of health, or by a board of health if so designated
by the commissioner of health, to provide secondary prevention
swab team services to fulfill the requirements of section
144.9504, subdivision 6, in response to a lead order. Swab
teams assigned work under this section by the commissioner, that
are not engaged daily in fulfilling the requirements of section
144.9504, subdivision 6, must deliver swab team services in
response to elevated blood lead levels as defined in section
144.9501, subdivision 9, where lead orders were not issued, and
for purposes of primary prevention in census tracts known to be
in areas at high risk for toxic lead exposure as described in
section 144.9503, subdivision 2.

(c) Any additional money must be used for grants to
establish swab teams for primary prevention under section
144.9503, in census tracts in areas at high risk for toxic lead
exposure as determined under section 144.9503, subdivision 2.

(d) In evaluating grant applications, the commissioner must
consider the following criteria:

(1) the use of lead contractors and lead workers for
residential swab team services;

(2) the participation of neighborhood groups and
individuals, as swab team workers, in areas at high risk for
toxic lead exposure;

(3) plans for the provision of swab team services for
primary and secondary prevention as required under subdivision
4;

(4) plans for supervision, training, career development,
and postprogram placement of swab team members;

(5) plans for resident and property owner education on lead
safety;

(6) plans for distributing cleaning supplies to area
residents and educating residents and property owners on
cleaning techniques;

(7) sources of other funding and cost estimates for
training, lead inspections, swab team services, equipment,
monitoring, testing, and administration;

(8) measures of program effectiveness;

(9) coordination of program activities with other federal,
state, and local public health, job training, apprenticeship,
and housing renovation programs including programs under
sections 116L.86 to 116L.881; and

(10) prior experience in providing swab team services.

Sec. 4.

Minnesota Statutes 2004, section 119A.46,
subdivision 8, is amended to read:

Subd. 8.

Testing and evaluation.

(a) Testing of the
environment is not necessary by swab teams whose work is
assigned by the commissioner of health or a designated board of
health under section 144.9504. The commissioner of health or
designated board of health must share the analytical testing
data collected on each residence for purposes of secondary
prevention under section 144.9504 with the swab team workers in
order to provide constructive feedback on their work and to the
commissioner for the purposes set forth in paragraph (c).

(b) For purposes of primary prevention evaluation, the
following samples must be collected: pretesting and posttesting
of one noncarpeted floor dust lead sample and a notation of the
extent and location of bare soil and of deteriorated lead-based
paint. The analytical testing data collected on each residence
for purposes of primary prevention under section 144.9503 must
be shared with the swab team workers in order to provide
constructive feedback on their work and to the commissioner for
the purposes set forth in paragraph (c).

(c) The commissioner of health must establish a program deleted text begin in
cooperation with the commissioner deleted text end to collect appropriate data as
required under paragraphs (a) and (b), in order to conduct an
ongoing evaluation of swab team services for primary and
secondary prevention. Within the limits of available
appropriations, the commissioner of health must conduct deleted text begin or
contract with the commissioner, deleted text end on up to 1,000 residences which
have received primary or secondary prevention swab team
services, a postremediation evaluation, on at least a quarterly
basis for a period of at least two years for each residence.
The evaluation must note the condition of the paint within the
residence, the extent of bare soil on the grounds, and collect
and analyze one noncarpeted floor dust lead sample. The data
collected must be evaluated to determine the efficacy of
providing swab team services as a method of reducing lead
exposure in young children. In evaluating this data, the
commissioner of health must consider city size, community
location, historic traffic flow, soil lead level of the property
by area or census tract, distance to industrial point sources
that emit lead, season of the year, age of the housing, age and
number of children living at the residence, the presence of pets
that move in and out of the residence, and other relevant
factors as the commissioner of health may determine.

Sec. 5.

Minnesota Statutes 2004, section 124D.22,
subdivision 3, is amended to read:

Subd. 3.

School-age care levy.

To obtain school-age care
revenue, a school district may levy an amount equal to the
district's school-age care revenue as defined in subdivision 2
multiplied by the lesser of one, or the ratio of the quotient
derived by dividing the adjusted net tax capacity of the
district for the year before the year the levy is certified by
the resident pupil units in the district for the school year to
which the levy is attributable, to deleted text begin $2,433 deleted text end new text begin $2,925 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2007.
new text end

Sec. 6. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In the next edition of Minnesota Statutes, the revisor of
statutes shall renumber Minnesota Statutes, section 119A.46, as
section 144.9512.
new text end