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SF 1024

as introduced - 88th Legislature (2013 - 2014) Posted on 03/14/2013 08:16am

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

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1.1A bill for an act
1.2relating to education; state government; creating a Department of Early Care and
1.3Education;proposing coding for new law as Minnesota Statutes, chapter 119C.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5    Section 1. [119C.01] DEPARTMENT OF EARLY CARE AND EDUCATION.
1.6    Subdivision 1. Establishment. The Department of Early Care and Education
1.7is established.
1.8    Subd. 2. Purpose. The purpose in creating the department is to ensure that every
1.9child through the age of five receives a fair and full opportunity to reach their full potential
1.10by:
1.11(1) consolidating and coordinating resources and public funding streams for early
1.12education and care in order to ensure the sound and coordinated development of all early
1.13education and care services available to children in Minnesota;
1.14(2) increasing the state's capacity to support school districts in their effort to improve
1.15academic performance of at-risk children;
1.16(3) increasing the state's capacity to serve low-income children and lowering the
1.17rate of children entering kindergarten not fully prepared;
1.18(4) working in collaboration with school districts to ensure comprehensive and
1.19developmentally appropriate assessments, where applicable;
1.20(5) ensuring effective kindergarten transitions;
1.21(6) fostering collaboration between child care; Head Start; early childhood
1.22education; school readiness; family, friend, and neighbor providers; and other early
1.23childhood programs and elementary school programs and providers;
2.1(7) informing the public about its choices by ensuring a system of high-quality public
2.2and private programs, with local points of entry, staffed by well-qualified professionals;
2.3(8) ensuring that parents have a decisive role in the planning, operation, and
2.4evaluation of programs that aid in the care of children;
2.5(9) providing consumer education and accessibility to early education and care
2.6resources;
2.7(10) advancing the quality of early education and care programs in order to support
2.8the healthy development of children and preparation for their success in school;
2.9(11) developing a seamless service delivery system of early education and care
2.10programs administered by local, state, and federal agencies, with local points of entry;
2.11(12) developing and managing an effective data collection system to support the
2.12necessary functions of a coordinated system of early education and care in order to enable
2.13accurate evaluation of its impact;
2.14(13) respecting and drawing upon family values and cultural heritage; and
2.15(14) establishing the administrative framework for, and promoting the development
2.16of, early education and care services in order to provide that such services, staffed by
2.17well-qualified professionals, shall be available in every community for all families that
2.18express a need for them.
2.19EFFECTIVE DATE.This section is effective July 1, 2013.

2.20    Sec. 2. [119C.02] DEFINITIONS.
2.21    Subdivision 1. Application. The definitions in this section apply to this chapter.
2.22    Subd. 2. Commissioner. "Commissioner" means the commissioner of early care
2.23and education.
2.24    Subd. 3. Department. "Department" means the Department of Early Care and
2.25Education.
2.26EFFECTIVE DATE.This section is effective July 1, 2013.

2.27    Sec. 3. [119C.03] COMMISSIONER.
2.28    Subdivision 1. General. The department is under the administrative control of
2.29the commissioner. The commissioner is appointed by the governor with the advice and
2.30consent of the senate. The commissioner must possess broad knowledge and experience in
2.31early care and education. The commissioner has the general powers as provided in section
2.3215.06, subdivision 6. The commissioner's salary must be established according to the
3.1procedure in section 15A.0815, subdivision 5, in the same range as that specified for the
3.2commissioner of management and budget.
3.3    Subd. 2. Duties of the commissioner. (a) The commissioner shall apply for, and
3.4accept on behalf of the state, any federal, local, or private grants, bequests, gifts, or
3.5contributions to aid in the financing of any of the programs or policies of the department.
3.6(b) The commissioner shall report biennially, starting January 15, 2015, to
3.7the committees of the legislature having jurisdiction over early care and education
3.8programs. The report must describe the department's progress in achieving the goals and
3.9implementing the programs authorized under this chapter. The report must evaluate the
3.10progress of the state of Minnesota in moving toward a system of universal early education
3.11and care for preschool children through the age of five and include the department's
3.12budget request for the next biennium.
3.13EFFECTIVE DATE.This section is effective July 1, 2013.

3.14    Sec. 4. [119C.04] TRANSFERS FROM OTHER AGENCIES.
3.15    Subdivision 1. General. Beginning on November 1, 2013, the Departments of
3.16Health, Human Services, and Education must begin to transition all of the functions and
3.17powers held by these departments in areas related to regulation and licensure of early care
3.18and education programs to the department.
3.19    Subd. 2. Department of Human Services. The powers and duties of the
3.20Department of Human Services with respect to the following programs are transferred to
3.21the Department of Early Care and Education under section 15.039:
3.22(1) the child care programs under sections 119B.011 to 119B.16;
3.23(2) the family services and community-based collaboratives under section 124D.23;
3.24(3) the migrant child care program under section 256.01;
3.25(4) the child care resource and referral program under section 119B.19;
3.26(5) the child care service development program under sections 119B.189 to 119B.26;
3.27(6) the early childhood learning and child protection facilities program under section
3.28256E.37; and
3.29(7) the licensure of child care centers and family child care under chapters 245A
3.30and 245C and section 626.556.
3.31The programs needing federal approval to transfer shall be transferred when the
3.32federal government grants transfer authority to the commissioner.
3.33    Subd. 3. Department of Education. The powers and duties of the Department of
3.34Education with respect to the following programs are transferred to the Department of
3.35Early Care and Education under section 15.039:
4.1(1) the head start program under sections 119A.50 to 119A.545;
4.2(2) the early childhood family education program under sections 124D.13 to
4.3124D.141;
4.4(3) the early childhood screening program under sections 121A.16 to 121A.19;
4.5(4) the educate parents partnership under section 124D.129;
4.6(5) the interagency early childhood intervention system under sections 125A.259 to
4.7125A.48;
4.8(6) the State Advisory Council on Early Childhood Education and Care under
4.9section 124D.141;
4.10(7) the school readiness program under sections 124D.15 and 124D.16; and
4.11(8) the kindergarten readiness assessment under section 124D.162.
4.12 The programs needing federal approval to transfer shall be transferred when the
4.13federal government grants transfer authority to the commissioner.
4.14    Subd. 4. Department of Health. The powers and duties of the Department of
4.15Health with respect to the following program are transferred to the Department of Early
4.16Care and Education under section 15.039: the family home visiting program under section
4.17145A.17. A program needing federal approval to transfer shall be transferred when the
4.18federal government grants transfer authority to the commissioner.
4.19EFFECTIVE DATE.This section is effective July 1, 2013.

4.20    Sec. 5. EMPLOYEE PROVISIONS.
4.21The restructuring of agencies under this act must be conducted in accordance with
4.22Minnesota Statutes, sections 15.039 and 43A.045.
4.23EFFECTIVE DATE.This section is effective July 1, 2013.

4.24    Sec. 6. APPOINTMENT.
4.25By July 1, 2013, the governor shall appoint a commissioner-designee of
4.26the Department of Early Care and Education. The person appointed becomes the
4.27governor's appointee as commissioner on the effective date of sections 1 and 3. The
4.28commissioner-designee, in cooperation with the commissioners of education, health,
4.29and human services, shall review and reevaluate the powers and duties of their
4.30respective departments and identify those that are consistent with the purpose and
4.31goals of the Department of Early Care and Education. The functions identified by the
4.32commissioner-designee are transferred to the Department of Early Care and Education
4.33under Minnesota Statutes, section 15.039, effective November 1, 2013.
5.1EFFECTIVE DATE.This section is effective the day following final enactment.

5.2    Sec. 7. REVISOR'S INSTRUCTION.
5.3The revisor of statutes shall identify in Minnesota Statutes and Minnesota Rules all
5.4references to programs being transferred to the Department of Early Care and Education
5.5and substitute appropriate references to the commissioner of early care and education and
5.6the Department of Early Care and Education to reflect that those programs are under the
5.7jurisdiction of the commissioner of early care and education. The revisor shall also make
5.8related grammatical changes. The changes identified by the revisor shall be made effective
5.9November 1, 2013, or upon federal approval of the transfer.
5.10EFFECTIVE DATE.This section is effective July 1, 2013.

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