SF 839

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; modifying certain early childhood education provisions;
appropriating money; amending Minnesota Statutes 2006, sections 124D.13,
subdivisions 1, 2, by adding a subdivision; 124D.135, subdivisions 3, 5, 6;
proposing coding for new law in Minnesota Statutes, chapter 124D.

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

Section 1.

Minnesota Statutes 2006, section 124D.13, subdivision 1, is amended to
read:

Subdivision 1.

Establishment new text begin ; purpose new text end .

A district that provides a community
education program under sections 124D.18 and 124D.19 may establish an early childhood
family education program. Two or more districts, each of which provides a community
education program, may cooperate to jointly provide an early childhood family education
program. new text begin The purpose of the early childhood family education program is to provide
parenting education to support children's learning and development. new text end

Sec. 2.

Minnesota Statutes 2006, section 124D.13, subdivision 2, is amended to read:

Subd. 2.

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

(a) Early childhood family
education programs are programs for children in the period of life from birth to
kindergarten, for the parents and other relatives of these children, and for expectant
parents. To the extent that funds are insufficient to provide programs for all children,
early childhood family education programs should emphasize programming for a child
from birth to age three and encourage parents and other relatives to involve four- and
five-year-old children in school readiness programs, and other public and nonpublic early
learning programs. new text begin A district may not limit participation to school district residents. new text end Early
childhood family education programs deleted text begin may include the following deleted text end new text begin must provide new text end :

(1) programs to educate parents and other relatives about the physical, mental,
and emotional development of children;

(2) deleted text begin programs to enhance the skills of parents and other relatives in providing for their
children's learning and development deleted text end new text begin structured learning activities requiring interaction
between children and their parents or relatives new text end ;

(3) new text begin structured new text end learning deleted text begin experiences deleted text end new text begin activities new text end for children deleted text begin and parents and other
relatives deleted text end that promote children's development new text begin and positive interaction with peers, which
are held while parents or relatives attend parent education classes new text end ;

deleted text begin (4) activities designed to detect children's physical, mental, emotional, or behavioral
problems that may cause learning problems;
deleted text end

deleted text begin (5) activities and materials designed to encourage self-esteem, skills, and behavior
that prevent sexual and other interpersonal violence;
deleted text end

deleted text begin (6) educational materials which may be borrowed for home use;
deleted text end

deleted text begin (7) deleted text end new text begin (4) new text end information on related community resources;

deleted text begin (8) programs to prevent deleted text end new text begin (5) information, materials, and activities that support the
safety of children, including prevention of new text end child abuse and neglect; new text begin and
new text end

deleted text begin (9) other programs or activities to improve the health, development, and school
readiness of children; or
deleted text end

deleted text begin (10) activities designed to maximize development during infancy.
deleted text end

new text begin (6) a community outreach plan to ensure participation by families who reflect the
racial, cultural, and economic diversity of the school district.
new text end

The programs must not include activities for children that do not require substantial
involvement of the children's parents or other relatives. The deleted text begin programs deleted text end new text begin program new text end must be
reviewed periodically to assure the instruction and materials are not racially, culturally, or
sexually biased. The programs must encourage parents to be aware of practices that may
affect equitable development of children.

(b) For the purposes of this section, "relative" or "relatives" means noncustodial
grandparents or other persons related to a child by blood, marriage, adoption, or foster
placement, excluding parents.

Sec. 3.

Minnesota Statutes 2006, section 124D.13, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Plan and program data submission requirements. new text end

new text begin (a) An early
childhood family education program must submit a biennial plan addressing the
requirements of subdivision 3 for approval by the commissioner. The plan must also
describe how the program provides parenting education and ensures participation of
families representative of the school district. A school district must submit the plan for
approval by the commissioner in the form and manner prescribed by the commissioner.
One-half of districts, as determined by the commissioner, must first submit a biennial plan
by April 1, 2009, and the remaining districts must first submit a plan by April 1, 2010.
new text end

new text begin (b) Districts receiving early childhood family education revenue under section
124D.135 must submit annual program data to the department by July 15 in the form and
manner prescribed by the commissioner.
new text end

new text begin (c) Beginning with levies for fiscal year 2011, a school district must submit its annual
program data to the department before it may certify a levy under section 124D.135.
Districts selected by the commissioner to submit a biennial plan by April 1, 2010, must
also have an approved plan on file with the commissioner before certifying a levy under
section 124D.135 for fiscal year 2011. Beginning with levies for fiscal year 2012, all
districts must submit annual program data and have an approved biennial plan on file with
the commissioner before certifying a levy under section 124D.135.
new text end

Sec. 4.

Minnesota Statutes 2006, section 124D.135, subdivision 3, is amended to read:

Subd. 3.

Early childhood family education levy.

deleted text begin For fiscal year 2001 to obtain
early childhood family education revenue, a district may levy an amount equal to the tax
rate of .5282 percent times the adjusted tax capacity of the district for the year preceding
the year the levy is certified. Beginning with levies for fiscal year 2002, deleted text end By September
30 of each year, the commissioner shall establish a tax rate for early childhood new text begin family new text end
education revenue that raises deleted text begin $21,027,000 for fiscal year 2002 and deleted text end $22,135,000 in new text begin each new text end
fiscal year deleted text begin 2003 and each subsequent year deleted text end . If the amount of the early childhood family
education levy would exceed the early childhood family education revenue, the early
childhood family education levy must equal the early childhood family education revenue. new text begin
Beginning with levies for fiscal year 2011, a district may not certify an early childhood
family education levy unless it has met the annual program data reporting and biennial
plan requirements under section 124D.13, subdivision 13.
new text end

Sec. 5.

Minnesota Statutes 2006, section 124D.135, subdivision 5, is amended to read:

Subd. 5.

Use of revenue restricted.

Early childhood family education revenue may
be used only for early childhood family education programs.

new text begin (a) new text end Not more than five percent of early childhood family education revenue, as
defined in subdivision 7, may be used to administer early childhood family education
programs.

new text begin (b) An early childhood family education program may use up to ten percent of its
early childhood family education revenue as defined in subdivision 1, including revenue
from participant fees, for equipment that is used in the early childhood family education
program. This revenue may only be used for the following purposes:
new text end

new text begin (1) to purchase or lease computers and related materials; and
new text end

new text begin (2) to purchase or lease equipment for instruction for participating children and
their families.
new text end

new text begin If a district anticipates an unusual circumstance requiring its early childhood family
education program capital expenditures to exceed the ten percent limitation, prior approval
to exceed the limit must be obtained in writing from the commissioner.
new text end

Sec. 6.

Minnesota Statutes 2006, section 124D.135, subdivision 6, is amended to read:

Subd. 6.

Home visiting levy.

A district that new text begin is eligible to levy for early childhood
family education under subdivision 3 and that new text end enters into a collaborative agreement to
provide education services and social services to families with young children may levy
an amount equal to $1.60 times the number of people under five years of age residing in
the district on September 1 of the last school year. Levy revenue under this subdivision
must not be included as revenue under subdivision 1. The revenue must be used for home
visiting programs under section 124D.13, subdivision 4.

Sec. 7.

new text begin [124D.163] TARGETED TRAINING OF EARLY CHILDHOOD
PROFESSIONALS TO IMPROVE SCHOOL READINESS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The commissioner of education shall
provide a training program for the purpose of improving the school readiness of
prekindergarten children.
new text end

new text begin Subd. 2. new text end

new text begin Eligible participants. new text end

new text begin The training program is available to all staff in
school readiness programs as defined in section 124D.15, Head Start programs as defined
in section 119A.50, and child care centers as defined in chapter 245A. The commissioner
of education shall consult with the commissioner of human services to identify child care
center program participants and implement the training program for child care center
program participants.
new text end

new text begin Subd. 3. new text end

new text begin Training content. new text end

new text begin The commissioner shall develop three foundational
and sequential training modules on child observation, child and program assessment,
and curriculum planning.
new text end

new text begin Subd. 4. new text end

new text begin Availability. new text end

new text begin To the extent practical, the training will be made available
throughout the state on an ongoing basis. In addition to the geographic availability, the
commissioner must consider the availability of training to meet the needs of diverse
cultural groups. Training materials may be translated and training may be delivered in
other languages as determined by the commissioner. The training may be provided
through a variety of methods that may include on-site and Web-based delivery.
new text end

Sec. 8.

new text begin [124D.164] IMPROVE EDUCATIONAL OFFERINGS IN SCHOOL
READINESS, HEAD START, AND CHILD CARE PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin A program is established to improve the
educational offerings in school readiness, Head Start, and licensed child care programs.
new text end

new text begin Subd. 2. new text end

new text begin Recipients of services. new text end

new text begin A recipient of services must be a:
new text end

new text begin (1) licensed child care center as defined in chapter 245A that is eligible to participate
in the federal Child and Adult Care Food Program;
new text end

new text begin (2) federally designated Head Start program as defined in section 119A.50; or
new text end

new text begin (3) a school readiness program as defined in section 124D.15 with at least 25 percent
of the children served in the program qualifying for free and reduced price lunch.
new text end

new text begin Subd. 3. new text end

new text begin Required program components. new text end

new text begin A school district receiving funds under
this section must provide the following services to the designated recipients of services
identified in its application:
new text end

new text begin (1) compensatory instruction that accelerates children's literacy and language
development and mathematical thinking; and
new text end

new text begin (2) ongoing assessment of children's progress aligned with early learning guidelines.
The compensatory instruction must be provided by a public school teacher with a valid
early childhood license for at least three hours per day for four days per week for children
in the year prior to kindergarten entrance. Funds cannot be used to supplant existing
school readiness expenditures authorized under section 124D.16.
new text end

new text begin Subd. 4. new text end

new text begin Application process and requirements. new text end

new text begin (a) A district must submit an
application to the commissioner of education in the form and manner prescribed by the
commissioner.
new text end

new text begin (b) The application must include a plan that:
new text end

new text begin (1) identifies the program sites where services will be provided;
new text end

new text begin (2) provides for instructional content and activities of sufficient length and intensity
to address learning needs of children most at risk of not being fully prepared for
kindergarten;
new text end

new text begin (3) provides for instruction that accelerates literacy and language development
and mathematical thinking;
new text end

new text begin (4) integrates the language, literacy, and mathematical learning components with
ongoing program curriculum; and
new text end

new text begin (5) incorporates formal and ongoing assessment of children's progress aligned to
early learning guidelines at program entrance and at program exit.
new text end

new text begin Subd. 5. new text end

new text begin Selection and award. new text end

new text begin When reviewing an application, the commissioner
of education must determine whether all the requirements of subdivision 4 are met. The
commissioner must consider geographical distribution of funds, as well as a distribution
of funds that reflects the cultural diversity of the service area. The commissioner of
education will consult with the commissioner of human services in the development and
implementation of the application review and award process. Programs receiving awards
under this section are eligible for continued funding if program requirements are met
according to the standards established by the commissioner of education and funds are
appropriated.
new text end

Sec. 9.

new text begin [124D.165] EARLY CHILDHOOD SCHOLARSHIPS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The commissioner must establish an early childhood
scholarship fund to improve the school readiness of prekindergarten children at risk
of being unprepared for kindergarten. Scholarships are available for the purpose of
participating in an approved program as specified in subdivision 4 the year prior to
kindergarten entrance.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin A parent or legal guardian of a four-year-old child with a
household income that does not exceed 180 percent of the federal poverty guidelines,
adjusted for family size, is eligible to apply for an annual scholarship of up to $4,000 for
each eligible child.
new text end

new text begin Subd. 3. new text end

new text begin Scholarship application, award, and process. new text end

new text begin Parents or guardians
meeting the eligibility requirements defined in subdivision 2 may apply for a scholarship
certificate. Application must be made according to the form and manner prescribed by the
commissioner. The certificates must be redeemable for instruction at an approved early
childhood program, as specified in subdivision 4, for up to one year from the date of
issue or until the child for whom the scholarship is designated enrolls in kindergarten,
whichever occurs first. The commissioner shall annually award scholarship certificates to
eligible applicants in the order applications are received until all funds available for the
year have been obligated. Recipients may not transfer a scholarship certificate to another
person. The parent or guardian may transfer the scholarship certificate to another approved
early childhood program according to requirements established by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Program approval. new text end

new text begin A program must be approved by the commissioner
to be eligible to receive state early childhood scholarship program funds on behalf of
an enrolled scholarship certificate recipient. Early childhood programs must apply for
approval in the form and manner prescribed by the commissioner and must be:
new text end

new text begin (1) a federally designated Head Start program as defined in section 119A.50;
new text end

new text begin (2) a school readiness program as defined in section 124D.15; or
new text end

new text begin (3) a licensed child care program as defined in chapter 245A.
new text end

new text begin The application must include evidence that the program provides research-based
instruction to support school readiness. Programs must submit any program changes
related to approval as they occur and must reapply for approval every three years.
new text end

new text begin Subd. 5. new text end

new text begin Payments to approved programs. new text end

new text begin The commissioner shall issue
payments of scholarship funds on a reimbursement basis to approved programs as defined
in subdivision 4 for services provided that are comparable to service costs for program
participants who do not receive a scholarship. Scholarship funds may not be used for
services that are available at no cost to nonscholarship recipient families. Approved
programs must maintain documentation of services provided and the commissioner shall
verify information submitted by approved programs to ensure appropriate services were
provided to eligible recipients for whom state early childhood scholarship funds are paid.
Scholarship funds awarded to families receiving other forms of assistance, such as child
care assistance, must be used to supplement and may not be used to supplant services
provided through that assistance.
new text end

new text begin Subd. 6. new text end

new text begin Scholarship not income for purposes of other publicly funded
programs. new text end

new text begin Notwithstanding any law to the contrary, the receipt of a scholarship does not
count as earned income for the purposes of medical assistance, MinnesotaCare, MFIP,
child care assistance, or Head Start programs.
new text end

Sec. 10. 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 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 $ new text end	new text begin 9,095,000 new text end	new text begin ..... new text end	new text begin 2008 new text end
	new text begin $ new text end	new text begin 9,095,000 new text end	new text begin ..... new text end	new text begin 2009 new text end

new text begin The 2008 appropriation includes $909,000 for 2007 and $8,186,000 for 2008.
new text end

new text begin The 2009 appropriation includes $909,000 for 2008 and $8,186,000 for 2009.
new text end

new text begin Subd. 3. 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 $ new text end	new text begin 18,442,000 new text end	new text begin ..... new text end	new text begin 2008 new text end
	new text begin $ new text end	new text begin 18,871,000 new text end	new text begin ..... new text end	new text begin 2009 new text end

new text begin The 2008 appropriation includes $1,801,000 for 2007 and $16,641,000 for 2008.
new text end

new text begin The 2009 appropriation includes $1,849,000 for 2008 and $17,022,000 for 2009.
new text end

new text begin Subd. 4. 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 $ new text end	new text begin 3,207,000 new text end	new text begin ..... new text end	new text begin 2008 new text end
	new text begin $ new text end	new text begin 3,371,000 new text end	new text begin ..... new text end	new text begin 2009 new text end

new text begin The 2008 appropriation includes $293,000 for 2007 and $2,914,000 for 2008.
new text end

new text begin The 2009 appropriation includes $323,000 for 2008 and $3,048,000 for 2009.
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 $ new text end	new text begin 19,100,000 new text end	new text begin ..... new text end	new text begin 2008 new text end
	new text begin $ new text end	new text begin 19,100,000 new text end	new text begin ..... new text end	new text begin 2009 new text end

new text begin Subd. 6. new text end

new text begin Educate parents partnership. new text end

new text begin For the educate parents partnership under
Minnesota Statutes, section 124D.129:
new text end

	new text begin $ new text end	new text begin 50,000 new text end	new text begin ..... new text end	new text begin 2008 new text end
	new text begin $ new text end	new text begin 50,000 new text end	new text begin ..... new text end	new text begin 2009 new text end

new text begin Subd. 7. new text end

new text begin Kindergarten entrance assessment initiative and intervention
program. new text end

new text begin For the kindergarten entrance assessment initiative and intervention program
under Minnesota Statutes, section 124D.162:
new text end

	new text begin $ new text end	new text begin 287,000 new text end	new text begin ..... new text end	new text begin 2008 new text end
	new text begin $ new text end	new text begin 287,000 new text end	new text begin ..... new text end	new text begin 2009 new text end

new text begin Subd. 8. new text end

new text begin Early childhood Part C. new text end

new text begin For the expansion of early childhood Part C
services:
new text end

new text begin $ new text end

new text begin 102,000 new text end

new text begin ..... new text end

new text begin 2008 new text end

new text begin This appropriation includes $102,000 for 2007 and $0 for 2008.
new text end

new text begin Subd. 9. new text end

new text begin Early childhood family education program accountability initiative.
new text end

new text begin For the implementation of the early childhood family education program accountability
initiative under Minnesota Statutes, section 124D.135:
new text end

	new text begin $ new text end	new text begin 211,000 new text end	new text begin ..... new text end	new text begin 2008 new text end
	new text begin $ new text end	new text begin 196,000 new text end	new text begin ..... new text end	new text begin 2009 new text end

new text begin Any balance in the first year does not cancel but is available in the second year. The
base for this program in fiscal year 2010 and later is $196,000.
new text end

new text begin Subd. 10. new text end

new text begin Targeted training of early childhood professionals. new text end

new text begin For the targeted
training of early childhood professionals under Minnesota Statutes, section 124D.163:
new text end

	new text begin $ new text end	new text begin 155,000 new text end	new text begin ..... new text end	new text begin 2008 new text end
	new text begin $ new text end	new text begin 70,000 new text end	new text begin ..... new text end	new text begin 2009 new text end

new text begin Any balance in the first year does not cancel but is available in the second year. The
base for this program in fiscal year 2010 and later is $70,000.
new text end

new text begin Subd. 11. new text end

new text begin Improve educational components in school readiness, Head Start,
and child care programs. new text end

new text begin For the educational components program under Minnesota
Statutes, section 124D.164:
new text end

	new text begin $ new text end	new text begin 4,183,000 new text end	new text begin ..... new text end	new text begin 2008 new text end
	new text begin $ new text end	new text begin 4,183,000 new text end	new text begin ..... new text end	new text begin 2009 new text end

new text begin Of this amount, $172,500 is to administer the grant program. Any balance in the first
year does not cancel but is available in the second year.
new text end

new text begin Subd. 12. new text end

new text begin Early childhood scholarship program. new text end

new text begin For the early childhood
scholarship program under Minnesota Statutes, section 124D.165:
new text end

	new text begin $ new text end	new text begin 392,000 new text end	new text begin ..... new text end	new text begin 2008 new text end
	new text begin $ new text end	new text begin 28,509,000 new text end	new text begin ..... new text end	new text begin 2009 new text end

new text begin Of these amounts, $392,000 in fiscal year 2008 and $342,000 in fiscal year 2009
are to administer the scholarship program.
new text end

new text begin Any balance in the first year does not cancel but is available in the second year.
The base for this program in fiscal year 2010 and later is $28,509,000. Of this amount,
$342,000 is to administer the scholarship program.
new text end