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Minnesota Legislature

Office of the Revisor of Statutes

SF 1238

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:25pm

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

Current Version - as introduced

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A bill for an act
relating to education finance; requiring a portion of voluntary prekindergarten
participants to be served through mixed-delivery services;amending Minnesota
Statutes 2018, section 124D.151, subdivisions 3, 5, 6.

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

Section 1.

Minnesota Statutes 2018, section 124D.151, subdivision 3, is amended to read:


Subd. 3.

deleted text beginMixed delivery ofdeleted text endnew text begin Mixed-deliverynew text end services.

new text begin(a) new text endA district or charter school
may contract with a charter school, Head Start or child care centers, family child care
programs licensed under section 245A.03, or a community-based organization to provide
eligible children with developmentally appropriate services that meet the program
requirements in subdivision 2. Components of a mixed-delivery plan include strategies for
recruitment, contracting, and monitoring of fiscal compliance and program quality.

new text begin (b) For fiscal year 2021 and later, for any district or charter school serving more children
under this section than in fiscal year 2020, the district or charter school must contract with
a three- or four-star Parent Aware rated program operated by a charter school, Head Start,
child care center, licensed family child care, or community-based organization for at least
40 percent of the spaces for the additional eligible children.
new text end

Sec. 2.

Minnesota Statutes 2018, section 124D.151, subdivision 5, is amended to read:


Subd. 5.

Application process; priority for high poverty schools.

(a) deleted text beginTo qualify for
program approval for fiscal year 2017, a district or charter school must submit an application
to the commissioner by July 1, 2016.
deleted text end To qualify for program approval deleted text beginfor fiscal year 2018
and later,
deleted text end a district or charter school must submit an application to the commissioner by
January 30 of the fiscal year prior to the fiscal year in which the program will be
implemented. The application must include:

(1) a description of the proposed program, including the number of hours per week the
program will be offered at each school site or mixed-delivery location;

(2) an estimate of the number of eligible children to be served in the program at each
school site or mixed-delivery location; and

(3) a statement of assurances signed by the superintendent or charter school director that
the proposed program meets the requirements of subdivision 2.

(b) The commissioner must review all applications submitted deleted text beginfor fiscal year 2017 by
August 1, 2016, and must review all applications submitted for fiscal year 2018 and later
deleted text end
by March 1 of the fiscal year in which the applications are received and determine whether
each application meets the requirements of paragraph (a).

(c) The commissioner must divide all applications for new or expanded voluntary
prekindergarten programs under this section meeting the requirements of paragraph (a) and
school readiness plus programs into four groups as follows: the Minneapolis and St. Paul
school districts; other school districts located in the metropolitan equity region as defined
in section 126C.10, subdivision 28; school districts located in the rural equity region as
defined in section 126C.10, subdivision 28; and charter schools. Within each group, the
applications must be ordered by rank using a sliding scale based on the following criteria:

(1) concentration of kindergarten students eligible for free or reduced-price lunches by
school site on October 1 of the previous school year. A school site may contract to partner
with a community-based provider or Head Start under subdivision 3 or establish an early
childhood center and use the concentration of kindergarten students eligible for free or
reduced-price meals from a specific school site as long as those eligible children are
prioritized and guaranteed services at the mixed-delivery site or early education center. For
school district programs to be operated at locations that do not have free and reduced-price
lunch concentration data for kindergarten programs for October 1 of the previous school
year, including mixed-delivery programs, the school district average concentration of
kindergarten students eligible for free or reduced-price lunches must be used for the rank
ordering;

(2) presence or absence of a three- or four-star Parent Aware rated program within the
school district or close proximity of the district. School sites with the highest concentration
of kindergarten students eligible for free or reduced-price lunches that do not have a three-
or four-star Parent Aware program within the district or close proximity of the district shall
receive the highest priority, and school sites with the lowest concentration of kindergarten
students eligible for free or reduced-price lunches that have a three- or four-star Parent
Aware rated program within the district or close proximity of the district shall receive the
lowest priority; and

(3) whether the district has implemented a deleted text beginmixed deliverydeleted text endnew text begin mixed-deliverynew text end system.

(d) The limit on participation for the programs as specified in subdivision 6 must initially
be allocated among the four groups based on each group's percentage share of the statewide
kindergarten enrollment on October 1 of the previous school year. Within each group, the
participation limit for fiscal years 2018 and 2019 must first be allocated to school sites
approved for aid in the previous year to ensure that those sites are funded for the same
number of participants as approved for the previous year. The remainder of the participation
limit for each group must be allocated among school sites in priority order until that region's
share of the participation limit is reached. If the participation limit is not reached for all
groups, the remaining amount must be allocated to the highest priority school sites, as
designated under this section, not funded in the initial allocation on a statewide basis. For
fiscal year 2020 and later, the participation limit must first be allocated to school sites
approved for aid in fiscal year 2017, and then to school sites approved for aid in fiscal year
2018 based on the statewide rankings under paragraph (c).

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

(f) If the total number of participants approved based on applications submitted under
paragraph (a) is less than the participation limit under subdivision 6, the commissioner must
notify all school districts and charter schools of the amount that remains available within
30 days of the initial application deadline under paragraph (a), and complete a second round
of allocations based on applications received within 60 days of the initial application deadline.

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

new text begin (h) For fiscal year 2021 and later, the commissioner may waive the mixed-delivery
requirements under subdivisions 3 and 6 for an otherwise-qualified applicant that provides
documented evidence that the school district or charter school was unable to provide a
mixed-delivery program because of the unavailability of providers willing to contract with
the school district or charter school or other factors beyond their control.
new text end

Sec. 3.

Minnesota Statutes 2018, section 124D.151, subdivision 6, is amended to read:


Subd. 6.

Participation limits.

(a) Notwithstanding section 126C.05, subdivision 1,
paragraph (d), the pupil units for a voluntary prekindergarten program for an eligible school
district or charter school must not exceed 60 percent of the kindergarten pupil units for that
school district or charter school under section 126C.05, subdivision 1, paragraph (e).

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

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

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

new text begin (c) For fiscal year 2021 and later, at least 40 percent of the number of program participants
served under this section in excess of 3,160 participants must be served through
mixed-delivery services according to subdivision 3.
new text end