SF 47

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 increased funding for
child care assistance, early childhood family
education programs, general community education, adult
basic education, special education, and the general
education formula allowance; suspending and reducing
certain fees relating to child care; imposing a
temporary individual income tax surtax; providing
grants; appropriating money; amending Minnesota
Statutes 2004, sections 119B.09, subdivision 1, as
amended; 119B.13, by adding a subdivision; 124D.135,
subdivision 1; 124D.20, subdivision 3; 124D.52,
subdivision 3; 124D.531, subdivisions 1, 4; 125A.76,
subdivisions 1, 4; 125A.79, subdivisions 1, 6;
126C.10, subdivision 2; 245A.10, by adding a
subdivision; 290.06, by adding a subdivision;
repealing Laws 2003, First Special Session chapter 14,
article 9, section 36.

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

Section 1.

Minnesota Statutes 2004, section 119B.09,
subdivision 1, as amended by Laws 2005, chapter 98, article 1,
section 7, 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) have household income less than or equal to 250 percent
of the federal poverty guidelines, adjusted for family size, and
meet the requirements of section 119B.05; receive MFIP
assistance; and are participating in employment and training
services under chapter 256J or 256K; or

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

(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. 3a. new text end

new text begin Provider rate differential for
accreditation. new text end

new text begin A family child care provider or child care
center shall be paid a 15 percent differential above the maximum
rate established in subdivision 1, up to the actual provider
rate, if the provider or center holds a current early childhood
development credential or is accredited. For a family child
care provider, early childhood development credential and
accreditation includes an individual who has earned a child
development associate degree, a diploma in child development
from a Minnesota state technical college, or a bachelor's degree
in early childhood education from an accredited college or
university, or who is accredited by the National Association for
Family Child Care or the Competency Based Training and
Assessment Program. For a child care center, accreditation
includes accreditation by the National Association for the
Education of Young Children, the Council on Accreditation, the
National Early Childhood Program Accreditation, the National
School-Age Care Association, or the National Head Start
Association Program of Excellence. For Montessori programs,
accreditation includes the American Montessori Society,
Association of Montessori International-USA, or the National
Center for Montessori Education.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

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 $120 deleted text begin for
fiscal years 2003 and 2004 and $96 deleted text end for fiscal year deleted text begin 2005 deleted text end new text begin 2006 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. 4.

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 deleted text begin 2003 and 2004 and $5.23 for fiscal year 2005
deleted text end new text begin 2006 new text end and later, 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. 5.

Minnesota Statutes 2004, section 124D.52,
subdivision 3, is amended to read:

Subd. 3.

Accounts; revenue; aid.

(a) Each district,
group of districts, or private nonprofit organization providing
adult basic education programs must establish and maintain a
reserve account within the community service fund for the
receipt and disbursement of all funds related to these
programs. All revenue received pursuant to this section must be
utilized solely for the purposes of adult basic education
programs. State aid must not equal more than 100 percent of the
unreimbursed expenses of providing these programs, excluding
in-kind costs.

(b) new text begin For purposes of paragraph (a), an adult basic education
program may include as valid expenditures for the previous
fiscal year program spending that occurs from July 1 to
September 30 of the following year. Program spending may only
be counted for one fiscal year.
new text end

new text begin (c) new text end Notwithstanding section 123A.26 or any other law to the
contrary, an adult basic education consortium providing an
approved adult basic education program may be its own fiscal
agent and is eligible to receive state-aid payments directly
from the commissioner.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

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 aid for fiscal year 2006 equals
$37,604,000. The state total adult basic education aid for
fiscal year 2007 and later 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 greater of 1.00 or 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. 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. 7.

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 occurring in the program year as defined in
section 124D.52, subdivision 3 new text end .

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. 8.

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. 9.

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. 10.

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. 11.

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. 12.

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. 13.

Minnesota Statutes 2004, section 245A.10, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Temporary suspension of child care license
fees. new text end

new text begin County fees for background studies and licensing
inspections in family and group family child care under
subdivision 2 and annual child care center license fees under
subdivision 4 are suspended. The commissioner shall use
unallocated federal child care development fund money from the
2004-2005 biennium to reimburse the state and counties for the
reduced child care licensure fee revenue due to the temporary
suspension. The commissioner shall also set a standard
statewide license and background study fee for family child care
providers based on the average fees currently being charged.
This subdivision expires on June 30, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

Minnesota Statutes 2004, section 290.06, is
amended by adding a subdivision to read:

new text begin Subd. 2g. new text end

new text begin Temporary surtax on individuals. new text end

new text begin (a) The tax
computed under subdivision 2c for individuals is increased for
taxable years beginning after December 31, 2004, and before
January 1, 2007, as provided in this subdivision.
new text end

new text begin (b) For married individuals filing joint returns and
surviving spouses as defined in section 2(a) of the Internal
Revenue Code the additional tax under this subdivision must be
computed by applying to their taxable net income the following
schedule of rates:
new text end

new text begin (1) for taxable years beginning after December 31, 2004,
and before January 1, 2006, on the first $29,070, 0.03 percent,
and for taxable years beginning after December 31, 2005, and
before January 1, 2007, on the first bracket amount determined
under subdivision 2d, 0.05 percent;
new text end

new text begin (2) for taxable years beginning after December 31, 2004,
and before January 1, 2006, on all over $29,070, but not over
$115,510, 0.33 percent, and for taxable years beginning after
December 31, 2005, and before January 1, 2007, on the second
bracket amount determined under subdivision 2d, 0.65 percent;
new text end

new text begin (3) for taxable years beginning after December 31, 2004,
and before January 1, 2006, on all over $115,510, 0.43 percent,
and for taxable years beginning after December 31, 2005, and
before January 1, 2007, on the third bracket amount determined
under subdivision 2d, 0.85 percent.
new text end

new text begin Married individuals filing separate returns, estates, and
trusts must compute their additional income tax by applying the
above rates to their taxable income, except that the income
brackets will be one-half of the above amounts.
new text end

new text begin (c) For unmarried individuals the additional tax under this
subdivision must be computed by applying to taxable net income
the following schedule of rates:
new text end

new text begin (1) for taxable years beginning after December 31, 2004,
and before January 1, 2006, on the first $19,890, 0.03 percent,
and for taxable years beginning after December 31, 2005, and
before January 1, 2007, on the first bracket amount determined
under subdivision 2d, 0.05 percent;
new text end

new text begin (2) for taxable years beginning after December 31, 2004,
and before January 1, 2006, on all over $19,890, but not over
$65,330, 0.33 percent, and for taxable years beginning after
December 31, 2005, and before January 1, 2007, on the second
bracket amount determined under subdivision 2d, 0.65 percent;
new text end

new text begin (3) for taxable years beginning after December 31, 2004,
and before January 1, 2006, on all over $65,330, 0.43 percent,
and for taxable years beginning after December 31, 2005, and
before January 1, 2007, on the third bracket amount determined
under subdivision 2d, 0.85 percent.
new text end

new text begin (d) For unmarried individuals qualifying as a head of
household as defined in section 2(b) of the Internal Revenue
Code, the additional tax under this subdivision must be computed
by applying to taxable net income the following schedule of
rates:
new text end

new text begin (1) for taxable years beginning after December 31, 2004,
and before January 1, 2006, on the first $24,490, 0.03 percent,
and for taxable years beginning after December 31, 2005, and
before January 1, 2007, on the first bracket amount determined
under subdivision 2d, 0.05 percent;
new text end

new text begin (2) for taxable years beginning after December 31, 2004,
and before January 1, 2006, on all over $24,490, but not over
$98,390, 0.33 percent, and for taxable years beginning after
December 31, 2005, and before January 1, 2007, on the second
bracket amount determined under subdivision 2d, 0.65 percent;
new text end

new text begin (3) for taxable years beginning after December 31, 2004,
and before January 1, 2006, on all over $98,390, 0.43 percent,
and for taxable years beginning after December 31, 2005, and
before January 1, 2007, on the third bracket amount determined
under subdivision 2d, 0.85 percent.
new text end

Sec. 15. 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 2.61%
105.00-109.99% new text end new text begin 2.61%
110.00-114.99% new text end new text begin 2.61%
115.00-119.99% new text end new text begin 2.61%
120.00-124.99% new text end new text begin 2.91%
125.00-129.99% new text end new text begin 2.91%
130.00-134.99% new text end new text begin 2.91%
135.00-139.99% new text end new text begin 2.91%
140.00-144.99% new text end new text begin 3.21%
145.00-149.99% new text end new text begin 3.21%
150.00-154.99% new text end new text begin 3.21%
155.00-159.99% new text end new text begin 3.84%
160.00-164.99% new text end new text begin 3.84%
165.00-169.99% new text end new text begin 4.46%
170.00-174.99% new text end new text begin 4.76%
175.00-179.99% new text end new text begin 5.05%
180.00-184.99% new text end new text begin 5.65%
185.00-189.99% new text end new text begin 5.95%
190.00-194.99% new text end new text begin 6.24%
195.00-199.99% new text end new text begin 6.84%
200.00-204.99% new text end new text begin 7.58%
205.00-209.99% new text end new text begin 8.33%
210.00-214.99% new text end new text begin 9.20%
215.00-219.99% new text end new text begin 10.07%
220.00-224.99% new text end new text begin 10.94%
225.00-229.99% new text end new text begin 11.55%
230.00-234.99% new text end new text begin 12.16%
235.00-239.99% new text end new text begin 12.77%
240.00-244.99% new text end new text begin 13.38%
245.00-249.99% new text end new text begin 14.00%
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

new text begin EFFECTIVE DATE. new text end

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

Sec. 16. new text begin 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
fiscal years 2006 and 2007 only 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 to help offset the additional costs due to
unanticipated high enrollments of recent refugees and immigrants.
new text end

Sec. 17. new text begin APPROPRIATION.
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 Community education aid. new text end

new text begin For community
education aid under Minnesota Statutes, section 124D.20:
new text end

new text begin $3,391,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $3,143,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin The 2006 appropriation includes $509,000 for 2005 and
$2,882,000 for 2006.
new text end

new text begin The 2007 appropriation includes $720,000 for 2006 and
$2,423,000 for 2007.
new text end

new text begin Subd. 3. 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 $10,684,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $11,093,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin The 2006 appropriation includes $1,813,000 for 2005 and
$8,871,000 for 2006.
new text end

new text begin The 2007 appropriation includes $2,217,000 for 2006 and
$8,876,000 for 2007.
new text end

new text begin Subd. 4. 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 $19,092,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $21,241,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin The 2006 appropriation includes $2,612,000 for 2005 and
$16,480,000 for 2006.
new text end

new text begin The 2007 appropriation includes $4,120,000 for 2006 and
$17,121,000 for 2007.
new text end

new text begin Subd. 5. 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 $18,375,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $18,375,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin Subd. 6. 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 $....... 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 The 2006 appropriation includes $....... for 2005 and
$....... for 2006.
new text end

new text begin The 2007 appropriation includes $....... for 2006 and
$....... for 2007.
new text end

new text begin Subd. 7. 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 $....... new text end new text begin ..... new text end new text begin 2006
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Laws 2003, First Special Session chapter 14, article 9,
section 36, is repealed.
new text end