SF 1344

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for kindergarten 
  1.3             through grade 12 general education, special programs, 
  1.4             educational excellence and other policy, and 
  1.5             nutrition; providing for family and early childhood 
  1.6             education; amending Minnesota Statutes 2002, sections 
  1.7             84A.51, subdivision 4; 119A.52; 119B.011, subdivisions 
  1.8             5, 15, 19, by adding a subdivision; 119B.02, 
  1.9             subdivision 1; 119B.03, subdivision 9; 119B.05, 
  1.10            subdivision 1; 119B.08, subdivision 3; 119B.11, 
  1.11            subdivision 2a; 119B.12, subdivision 2; 119B.13, 
  1.12            subdivision 6; 119B.19, subdivision 7; 119B.21, 
  1.13            subdivision 11; 119B.23, subdivision 3; 120A.24, 
  1.14            subdivision 4; 121A.21; 121A.23, subdivision 1; 
  1.15            121A.41, subdivision 10; 122A.414, by adding a 
  1.16            subdivision; 122A.415, subdivision 3; 123B.88, 
  1.17            subdivision 2; 124D.081, by adding a subdivision; 
  1.18            124D.09, subdivision 20; 124D.10, subdivisions 2a, 4; 
  1.19            124D.118, subdivisions 1, 3; 124D.13, subdivisions 4, 
  1.20            8; 124D.15, subdivision 7; 124D.16, subdivision 1; 
  1.21            124D.52, subdivision 3; 125A.023, subdivision 3; 
  1.22            125A.03; 125A.08; 125A.28; 125A.30; 126C.05, 
  1.23            subdivision 16; 126C.17, subdivision 11; 256.046, 
  1.24            subdivision 1; 256.0471, subdivision 1; 256.98, 
  1.25            subdivision 8; 475.61, subdivisions 1, 3; 611A.78, 
  1.26            subdivision 1; 626.556, subdivision 2; proposing 
  1.27            coding for new law in Minnesota Statutes, chapters 
  1.28            119B; 124D; repealing Minnesota Statutes 2002, 
  1.29            sections 15.014, subdivision 3; 119A.08; 119A.15, 
  1.30            subdivision 5a; 124D.118, subdivision 2; 124D.93; 
  1.31            125A.47; 144.401, subdivision 5; 239.004; Laws 2001, 
  1.32            First Special Session chapter 3, article 1, section 16.
  1.33  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.34                             ARTICLE 1 
  1.35                         GENERAL EDUCATION 
  1.36     Section 1.  Minnesota Statutes 2002, section 84A.51, 
  1.37  subdivision 4, is amended to read: 
  1.38     Subd. 4.  [COUNTY'S USE OF FUNDS.] The funds received by 
  1.39  each county must be apportioned by the county auditor as follows:
  2.1      (1) 30 percent to a county development fund, which is 
  2.2   created, to be spent under the direction of the county board for 
  2.3   the rehabilitation and development of the portion of the county 
  2.4   within the conservation area; 
  2.5      (2) 40 percent to the capital outlay general fund of the 
  2.6   school district from which derived; 
  2.7      (3) 20 percent to the county revenue fund; and 
  2.8      (4) ten percent to the township road and bridge fund of the 
  2.9   township from which derived. 
  2.10     If the proceeds are derived from an unorganized township 
  2.11  with no levy for road and bridge purposes, the township portion 
  2.12  must be credited to the county revenue fund. 
  2.13     Sec. 2.  Minnesota Statutes 2002, section 123B.88, 
  2.14  subdivision 2, is amended to read: 
  2.15     Subd. 2.  [VOLUNTARY SURRENDER OF TRANSPORTATION 
  2.16  PRIVILEGES.] The parent or guardian of a secondary student may 
  2.17  voluntarily surrender the secondary student's to and from school 
  2.18  transportation privileges granted under subdivision 1. 
  2.19     Sec. 3.  Minnesota Statutes 2002, section 124D.09, 
  2.20  subdivision 20, is amended to read: 
  2.21     Subd. 20.  [TEXTBOOKS; MATERIALS.] All textbooks and 
  2.22  equipment provided to a pupil, and paid for under subdivision 
  2.23  13, are the property of the pupil's school district of residence 
  2.24  postsecondary institution.  Each pupil is required to return all 
  2.25  textbooks and equipment to the district postsecondary 
  2.26  institution after the course has ended. 
  2.27     Sec. 4.  Minnesota Statutes 2002, section 124D.10, 
  2.28  subdivision 2a, is amended to read: 
  2.29     Subd. 2a.  [CHARTER SCHOOL ADVISORY COUNCIL.] (a) A charter 
  2.30  school advisory council is established under section 15.059.  
  2.31  The advisory council is composed of seven members from 
  2.32  throughout the state who have demonstrated experience with or 
  2.33  interest in charter schools.  The members of the council shall 
  2.34  be appointed by the commissioner.  The advisory council shall 
  2.35  bring to the attention of the commissioner any matters related 
  2.36  to charter schools that the council deems necessary and shall: 
  3.1      (1) encourage school boards to make full use of charter 
  3.2   school opportunities; 
  3.3      (2) encourage the creation of innovative schools; 
  3.4      (3) provide leadership and support for charter school 
  3.5   sponsors to increase the innovation in and the effectiveness, 
  3.6   accountability, and fiscal soundness of charter schools; 
  3.7      (4) serve an ombudsman function in facilitating the 
  3.8   operations of new and existing charter schools; 
  3.9      (5) promote timely financial management training for newly 
  3.10  elected members of a charter school board of directors and 
  3.11  ongoing training for other members of a charter school board of 
  3.12  directors; and 
  3.13     (6) review charter school applications and recommend 
  3.14  approving or disapproving the applications; and 
  3.15     (7) facilitate compliance with auditing and other reporting 
  3.16  requirements.  The advisory council shall refer all its 
  3.17  proposals to the commissioner who shall provide time for reports 
  3.18  from the council. 
  3.19     (b) The charter school advisory council under this 
  3.20  subdivision expires June 30, 2003 2007. 
  3.21     Sec. 5.  Minnesota Statutes 2002, section 124D.52, 
  3.22  subdivision 3, is amended to read: 
  3.23     Subd. 3.  [ACCOUNTS; REVENUE; AID.] (a) Each district, 
  3.24  group of districts, or private nonprofit organization providing 
  3.25  adult basic education programs must establish and maintain 
  3.26  accounts separate from all other district accounts for the 
  3.27  receipt and disbursement of all funds related to these 
  3.28  programs.  All revenue received pursuant to this section must be 
  3.29  utilized solely for the purposes of adult basic education 
  3.30  programs.  State aid must not equal more than 100 percent of the 
  3.31  unreimbursed expenses of providing these programs, excluding 
  3.32  in-kind costs.  
  3.33     (b) Notwithstanding section 123A.26 or any other law to the 
  3.34  contrary, an adult basic education consortium providing an 
  3.35  approved adult basic education program may be its own fiscal 
  3.36  agent and is eligible to receive state-aid payments directly 
  4.1   from the commissioner. 
  4.2      Sec. 6.  Minnesota Statutes 2002, section 126C.05, 
  4.3   subdivision 16, is amended to read: 
  4.4      Subd. 16.  [FREE AND REDUCED PRICED LUNCHES.] The 
  4.5   commissioner shall determine the number of children eligible to 
  4.6   receive either a free or reduced priced lunch on October 1 each 
  4.7   year.  Children enrolled in a building on October 1 and 
  4.8   determined to be eligible to receive free or reduced price lunch 
  4.9   by January December 15 of the following year shall be counted as 
  4.10  eligible on October 1 for purposes of subdivision 3.  The 
  4.11  commissioner may use federal definitions for these purposes and 
  4.12  may adjust these definitions as appropriate.  The commissioner 
  4.13  may adopt reporting guidelines to assure accuracy of data counts 
  4.14  and eligibility.  Districts shall use any guidelines adopted by 
  4.15  the commissioner. 
  4.16     Sec. 7.  Minnesota Statutes 2002, section 475.61, 
  4.17  subdivision 1, is amended to read: 
  4.18     Subdivision 1.  [DEBT SERVICE RESOLUTION.] The governing 
  4.19  body of any municipality issuing general obligations shall, 
  4.20  prior to delivery of the obligations, levy by resolution a 
  4.21  direct general ad valorem tax upon all taxable property in the 
  4.22  municipality to be spread upon the tax rolls for each year of 
  4.23  the term of the obligations.  The tax levies for all years for 
  4.24  municipalities other than school districts shall be specified 
  4.25  and such that if collected in full they, together with estimated 
  4.26  collections of special assessments and other revenues pledged 
  4.27  for the payment of said obligations, will produce at least five 
  4.28  percent in excess of the amount needed to meet when due the 
  4.29  principal and interest payments on the obligations.  The tax 
  4.30  levies for school districts shall be specified and such that if 
  4.31  collected in full they, together with estimated collection of 
  4.32  other revenues pledged for the payment of the obligations, will 
  4.33  produce between five and six percent in excess of the amount 
  4.34  needed to meet when due the principal and interest payments on 
  4.35  the obligations, rounded up to the nearest dollar; except that, 
  4.36  with the permission of the commissioner of children, families, 
  5.1   and learning, a school board may specify a tax levy in a higher 
  5.2   amount if necessary either to meet an anticipated tax 
  5.3   delinquency or for cash flow needs to meet the required payments 
  5.4   from the debt redemption fund.  Such resolution shall 
  5.5   irrevocably appropriate the taxes so levied and any special 
  5.6   assessments or other revenues so pledged to the municipality's 
  5.7   debt service fund or a special debt service fund or account 
  5.8   created for the payment of one or more issues of obligations.  
  5.9   The governing body may, in its discretion, at any time after the 
  5.10  obligations have been authorized, adopt a resolution levying 
  5.11  only a portion of such taxes, to be filed, assessed, extended, 
  5.12  collected, and remitted as hereinafter provided, and the amount 
  5.13  or amounts therein levied shall be credited against the tax 
  5.14  required to be levied prior to delivery of the obligations. 
  5.15     Sec. 8.  Minnesota Statutes 2002, section 475.61, 
  5.16  subdivision 3, is amended to read: 
  5.17     Subd. 3.  [IRREVOCABILITY.] (a) Tax levies so made and 
  5.18  filed shall be irrevocable, except as provided in this 
  5.19  subdivision. 
  5.20     (b) For purposes of this subdivision, "excess debt 
  5.21  redemption fund balance" means the greater of zero or the 
  5.22  balance in the district's debt redemption fund as of June 30 of 
  5.23  the fiscal year ending in the year before the year the levy is 
  5.24  certified, minus any debt redemption fund balance attributable 
  5.25  to refunding of existing bonds, minus the amount of the levy 
  5.26  reduction for the current year and the prior year under 
  5.27  paragraphs (e) and (f), minus five percent of the district's 
  5.28  required debt service levy for the next year. 
  5.29     (c) By July 15 each year, a district shall report to the 
  5.30  commissioner of children, families, and learning the amount of 
  5.31  the districts' debt redemption fund balance as of June 30 of the 
  5.32  prior year attributable to refunding of existing bonds.  
  5.33     (d) By August 15 each year, the commissioner shall 
  5.34  determine the excess debt redemption fund balance for each 
  5.35  school district, and shall certify the amount of the excess 
  5.36  balance to the school district superintendent.  
  6.1      (e) In each year when a district has an excess debt 
  6.2   redemption fund balance, the commissioner shall report the 
  6.3   amount of the excess to the county auditor and the auditor shall 
  6.4   reduce the tax levy otherwise to be included in the rolls next 
  6.5   prepared by the amount certified.  
  6.6      (f) The school board may, with the approval of the 
  6.7   commissioner, retain all or part of the excess balance if it is 
  6.8   necessary to ensure the prompt and full payment of its 
  6.9   obligations and any call premium on its obligations, will be 
  6.10  used for redemption of its obligations in accordance with their 
  6.11  terms, or to level out the debt service tax rate, excluding the 
  6.12  debt excess adjustment, for its obligations over the next two 
  6.13  years.  A school district requesting authority to retain all or 
  6.14  part of the excess balance shall provide written documentation 
  6.15  to the commissioner describing the rationale for its request by 
  6.16  September 15 including the issuance of new obligations within 
  6.17  the next year or the refunding of existing obligations.  A 
  6.18  school district that retains an excess may request to transfer 
  6.19  the excess to its operating capital account in the general fund 
  6.20  under section 123B.80.  The school board may, with the approval 
  6.21  of the commissioner, specify a tax levy in a higher amount if 
  6.22  necessary because of anticipated tax delinquency or for cash 
  6.23  flow needs to meet the required payments from the debt 
  6.24  redemption fund.  
  6.25     (g) If the governing body, including the governing body of 
  6.26  a school district, in any year makes an irrevocable 
  6.27  appropriation to the debt service fund of money actually on hand 
  6.28  or if there is on hand any excess amount in the debt service 
  6.29  fund, the recording officer may certify to the county auditor 
  6.30  the fact and amount thereof and the auditor shall reduce by the 
  6.31  amount so certified the amount otherwise to be included in the 
  6.32  rolls next thereafter prepared. 
  6.33                             ARTICLE 2 
  6.34              EDUCATIONAL EXCELLENCE AND OTHER POLICY 
  6.35     Section 1.  Minnesota Statutes 2002, section 120A.24, 
  6.36  subdivision 4, is amended to read: 
  7.1      Subd. 4.  [REPORTS TO THE STATE.] A superintendent must 
  7.2   make an annual report to the commissioner of children, families, 
  7.3   and learning.  The report must include the following information:
  7.4      (1) the number of children residing in the district 
  7.5   attending nonpublic schools or receiving instruction from 
  7.6   persons or institutions other than a public school; 
  7.7      (2) the number of children in clause (1) who are in 
  7.8   compliance with section 120A.22 and this section; and 
  7.9      (3) the names, ages, and addresses number of children whom 
  7.10  in clause (1) who the superintendent has determined are not in 
  7.11  compliance with section 120A.22 and this section.  
  7.12     Sec. 2.  Minnesota Statutes 2002, section 122A.414, is 
  7.13  amended by adding a subdivision to read: 
  7.14     Subd. 3.  [REPORT.] Participating districts and school 
  7.15  sites must report on the implementation and effectiveness of the 
  7.16  alternative teacher compensation plan, particularly addressing 
  7.17  each requirement under section 122A.44, subdivision 2, and make 
  7.18  recommendations biannually by January 1 to their school boards.  
  7.19  The school boards shall transmit a summary of the findings and 
  7.20  recommendations of their district to the commissioner. 
  7.21     Sec. 3.  Minnesota Statutes 2002, section 122A.415, 
  7.22  subdivision 3, is amended to read: 
  7.23     Subd. 3.  [AID TIMING.] (a) Districts or sites with 
  7.24  approved applications must receive alternative compensation aid 
  7.25  for each school year that the district or site participates in 
  7.26  the program as described in this subdivision.  Districts or 
  7.27  sites with applications received by the commissioner before June 
  7.28  1 of the first year of a two-year contract shall receive 
  7.29  compensation aid for both years of the contract.  Districts or 
  7.30  sites with applications received by the commissioner after June 
  7.31  1 of the first year of a two-year contract shall receive 
  7.32  compensation aid only for the second year of the contract.  The 
  7.33  commissioner must approve initial applications for school 
  7.34  districts qualifying under subdivision 1, paragraph (b), clause 
  7.35  (1), by January 15 of each year.  If any money remains, the 
  7.36  commissioner must approve aid amounts for school districts 
  8.1   qualifying under subdivision 1, paragraph (b), clause (2), by 
  8.2   February 15 of each year.  
  8.3      (b) The commissioner shall select applicants that qualify 
  8.4   for this program, notify school districts and school sites about 
  8.5   the program, develop and disseminate application materials, and 
  8.6   carry out other activities needed to implement this section.  
  8.7      Sec. 4.  Minnesota Statutes 2002, section 124D.10, 
  8.8   subdivision 4, is amended to read: 
  8.9      Subd. 4.  [FORMATION OF SCHOOL.] (a) A sponsor may 
  8.10  authorize one or more licensed teachers under section 122A.18, 
  8.11  subdivision 1, to operate a charter school subject to approval 
  8.12  by the commissioner.  A board must vote on charter school 
  8.13  application for sponsorship no later than 90 days after 
  8.14  receiving the application.  After 90 days, the applicant may 
  8.15  apply to the commissioner.  If a board elects not to sponsor a 
  8.16  charter school, the applicant may appeal the board's decision to 
  8.17  the commissioner.  The commissioner may elect to sponsor the 
  8.18  charter school or assist the applicant in finding an eligible 
  8.19  sponsor.  The school must be organized and operated as a 
  8.20  cooperative under chapter 308A or nonprofit corporation under 
  8.21  chapter 317A and the provisions under the applicable chapter 
  8.22  shall apply to the school except as provided in this section.  
  8.23  Notwithstanding sections 465.717 and 465.719, a school district 
  8.24  may create a corporation for the purpose of creating a charter 
  8.25  school.  
  8.26     (b) Before the operators may form and operate a school, the 
  8.27  sponsor must file an affidavit with the commissioner stating its 
  8.28  intent to authorize a charter school.  The affidavit must state 
  8.29  the terms and conditions under which the sponsor would authorize 
  8.30  a charter school.  The commissioner must approve or disapprove 
  8.31  the sponsor's proposed authorization within 60 days of receipt 
  8.32  of the affidavit.  Failure to obtain commissioner approval 
  8.33  precludes a sponsor from authorizing the charter school that was 
  8.34  the subject of the affidavit.  
  8.35     (c) The operators authorized to organize and operate a 
  8.36  school, before entering into a contract or other agreement for 
  9.1   professional or other services, goods, or facilities, must 
  9.2   incorporate as a cooperative under chapter 308A or as a 
  9.3   nonprofit corporation under chapter 317A and must establish a 
  9.4   board of directors composed of at least five members until a 
  9.5   timely election for members of the charter school board of 
  9.6   directors is held according to the school's articles and 
  9.7   bylaws.  A charter school board of directors must be composed of 
  9.8   at least five members.  Any staff members who are employed at 
  9.9   the school, including teachers providing instruction under a 
  9.10  contract with a cooperative, and all parents of children 
  9.11  enrolled in the school may participate in the election for 
  9.12  members of the school's board of directors.  Licensed teachers 
  9.13  employed at the school, including teachers providing instruction 
  9.14  under a contract with a cooperative, must be a majority of the 
  9.15  members of the board of directors before the school completes 
  9.16  its third year of operation, unless the commissioner waives the 
  9.17  requirement for a majority of licensed teachers on the board.  
  9.18  Board of director meetings must comply with chapter 13D. 
  9.19     (d) The granting or renewal of a charter by a sponsoring 
  9.20  entity must not be conditioned upon the bargaining unit status 
  9.21  of the employees of the school.  
  9.22     (e) A sponsor may authorize the operators of a charter 
  9.23  school to expand the operation of the charter school to 
  9.24  additional sites or to add additional grades at the school 
  9.25  beyond those described in the sponsor's application as approved 
  9.26  by the commissioner only after submitting a supplemental 
  9.27  application to the commissioner in a form and manner prescribed 
  9.28  by the commissioner.  The supplemental application must provide 
  9.29  evidence that: 
  9.30     (1) the expansion of the charter school is supported by 
  9.31  need and projected enrollment; 
  9.32     (2) the charter school is fiscally sound; 
  9.33     (3) the sponsor supports the expansion; and 
  9.34     (4) the building of the additional site meets all health 
  9.35  and safety requirements to be eligible for lease aid. 
  9.36     (f) The commissioner annually must provide timely financial 
 10.1   management training to newly elected members of a charter school 
 10.2   board of directors and ongoing training to other members of a 
 10.3   charter school board of directors.  Training must address ways 
 10.4   to: 
 10.5      (1) proactively assess opportunities for a charter school 
 10.6   to maximize all available revenue sources; 
 10.7      (2) establish and maintain complete, auditable records for 
 10.8   the charter school; 
 10.9      (3) establish proper filing techniques; 
 10.10     (4) document formal actions of the charter school, 
 10.11  including meetings of the charter school board of directors; 
 10.12     (5) properly manage and retain charter school and student 
 10.13  records; 
 10.14     (6) comply with state and federal payroll record-keeping 
 10.15  requirements; and 
 10.16     (7) address other similar factors that facilitate 
 10.17  establishing and maintaining complete records on the charter 
 10.18  school's operations.  
 10.19     Sec. 5.  Minnesota Statutes 2002, section 124D.118, 
 10.20  subdivision 3, is amended to read: 
 10.21     Subd. 3.  [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 
 10.22  (a) The commissioner shall: 
 10.23     (1) encourage all districts to participate in the school 
 10.24  milk program for kindergartners; 
 10.25     (2) prepare program guidelines, not subject to chapter 14 
 10.26  until July 1, 1998, which will effectively and efficiently 
 10.27  distribute appropriated and donated money to participating 
 10.28  districts; and 
 10.29     (3) seek donations and matching funds from appropriate 
 10.30  private and public sources schools. 
 10.31     (b) Program guidelines may provide for disbursement to 
 10.32  districts through a mechanism of prepayments or by reimbursement 
 10.33  for approved program expenses. 
 10.34     Sec. 6.  Minnesota Statutes 2002, section 126C.17, 
 10.35  subdivision 11, is amended to read: 
 10.36     Subd. 11.  [REFERENDUM DATE.] (a) Except for a referendum 
 11.1   held under paragraph (b), any referendum under this section held 
 11.2   on a day other than the first Tuesday after the first Monday in 
 11.3   November must be conducted by mail in accordance with section 
 11.4   204B.46.  Notwithstanding subdivision 9, paragraph (b), to the 
 11.5   contrary, in the case of a referendum conducted by mail under 
 11.6   this paragraph, the notice required by subdivision 9, paragraph 
 11.7   (b), must be prepared and delivered by first-class mail at least 
 11.8   20 days before the referendum. 
 11.9      (b) In addition to the referenda allowed in subdivision 9, 
 11.10  clause (a), the commissioner may grant authority to a district 
 11.11  to hold a referendum on a different day if the district is in 
 11.12  statutory operating debt and has an approved plan or has 
 11.13  received an extension from the department to file a plan to 
 11.14  eliminate the statutory operating debt.  
 11.15     (c) The commissioner must approve, deny, or modify each 
 11.16  district's request for a referendum levy on a different day 
 11.17  within 60 days of receiving the request from a district. 
 11.18     Sec. 7.  Minnesota Statutes 2002, section 611A.78, 
 11.19  subdivision 1, is amended to read: 
 11.20     Subdivision 1.  [MEMBERSHIP.] A crime victim services 
 11.21  roundtable is created and shall be convened by the commissioner 
 11.22  of administration or a designee.  The roundtable membership 
 11.23  shall include representatives from the following:  the 
 11.24  departments of health; human services; children, families, and 
 11.25  learning; corrections; and public safety; the supreme court; the 
 11.26  Minnesota planning agency; the office of the attorney general; 
 11.27  the office of crime victim ombudsman; the county attorneys 
 11.28  association; and the office of dispute resolution.  The 
 11.29  roundtable membership shall also include one person representing 
 11.30  the four councils designated in sections 3.922, 3.9223, 3.9225, 
 11.31  and 3.9226. 
 11.32     Sec. 8.  Minnesota Statutes 2002, section 626.556, 
 11.33  subdivision 2, is amended to read: 
 11.34     Subd. 2.  [DEFINITIONS.] As used in this section, the 
 11.35  following terms have the meanings given them unless the specific 
 11.36  content indicates otherwise: 
 12.1      (a) "Sexual abuse" means the subjection of a child by a 
 12.2   person responsible for the child's care, by a person who has a 
 12.3   significant relationship to the child, as defined in section 
 12.4   609.341, or by a person in a position of authority, as defined 
 12.5   in section 609.341, subdivision 10, to any act which constitutes 
 12.6   a violation of section 609.342 (criminal sexual conduct in the 
 12.7   first degree), 609.343 (criminal sexual conduct in the second 
 12.8   degree), 609.344 (criminal sexual conduct in the third degree), 
 12.9   609.345 (criminal sexual conduct in the fourth degree), or 
 12.10  609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
 12.11  abuse also includes any act which involves a minor which 
 12.12  constitutes a violation of prostitution offenses under sections 
 12.13  609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
 12.14  sexual abuse.  
 12.15     (b) "Person responsible for the child's care" means (1) an 
 12.16  individual functioning within the family unit and having 
 12.17  responsibilities for the care of the child such as a parent, 
 12.18  guardian, or other person having similar care responsibilities, 
 12.19  or (2) an individual functioning outside the family unit and 
 12.20  having responsibilities for the care of the child such as a 
 12.21  teacher, school administrator, other school employees or agents, 
 12.22  or other lawful custodian of a child having either full-time or 
 12.23  short-term care responsibilities including, but not limited to, 
 12.24  day care, babysitting whether paid or unpaid, counseling, 
 12.25  teaching, and coaching.  
 12.26     (c) "Neglect" means: 
 12.27     (1) failure by a person responsible for a child's care to 
 12.28  supply a child with necessary food, clothing, shelter, health, 
 12.29  medical, or other care required for the child's physical or 
 12.30  mental health when reasonably able to do so; 
 12.31     (2) failure to protect a child from conditions or actions 
 12.32  that seriously endanger the child's physical or mental health 
 12.33  when reasonably able to do so; 
 12.34     (3) failure to provide for necessary supervision or child 
 12.35  care arrangements appropriate for a child after considering 
 12.36  factors as the child's age, mental ability, physical condition, 
 13.1   length of absence, or environment, when the child is unable to 
 13.2   care for the child's own basic needs or safety, or the basic 
 13.3   needs or safety of another child in their care; 
 13.4      (4) failure to ensure that the child is educated as defined 
 13.5   in sections 120A.22 and 260C.163, subdivision 11, which does not 
 13.6   include a parent's refusal to provide the parent's child with 
 13.7   sympathomimetic medications, consistent with section 125A.09, 
 13.8   subdivision 3; 
 13.9      (5) nothing in this section shall be construed to mean that 
 13.10  a child is neglected solely because the child's parent, 
 13.11  guardian, or other person responsible for the child's care in 
 13.12  good faith selects and depends upon spiritual means or prayer 
 13.13  for treatment or care of disease or remedial care of the child 
 13.14  in lieu of medical care; except that a parent, guardian, or 
 13.15  caretaker, or a person mandated to report pursuant to 
 13.16  subdivision 3, has a duty to report if a lack of medical care 
 13.17  may cause serious danger to the child's health.  This section 
 13.18  does not impose upon persons, not otherwise legally responsible 
 13.19  for providing a child with necessary food, clothing, shelter, 
 13.20  education, or medical care, a duty to provide that care; 
 13.21     (6) prenatal exposure to a controlled substance, as defined 
 13.22  in section 253B.02, subdivision 2, used by the mother for a 
 13.23  nonmedical purpose, as evidenced by withdrawal symptoms in the 
 13.24  child at birth, results of a toxicology test performed on the 
 13.25  mother at delivery or the child at birth, or medical effects or 
 13.26  developmental delays during the child's first year of life that 
 13.27  medically indicate prenatal exposure to a controlled substance; 
 13.28     (7) "medical neglect" as defined in section 260C.007, 
 13.29  subdivision 6, clause (5); 
 13.30     (8) chronic and severe use of alcohol or a controlled 
 13.31  substance by a parent or person responsible for the care of the 
 13.32  child that adversely affects the child's basic needs and safety; 
 13.33  or 
 13.34     (9) emotional harm from a pattern of behavior which 
 13.35  contributes to impaired emotional functioning of the child which 
 13.36  may be demonstrated by a substantial and observable effect in 
 14.1   the child's behavior, emotional response, or cognition that is 
 14.2   not within the normal range for the child's age and stage of 
 14.3   development, with due regard to the child's culture. 
 14.4      (d) "Physical abuse" means any physical injury, mental 
 14.5   injury, or threatened injury, inflicted by a person responsible 
 14.6   for the child's care on a child other than by accidental means, 
 14.7   or any physical or mental injury that cannot reasonably be 
 14.8   explained by the child's history of injuries, or any aversive or 
 14.9   deprivation procedures, or regulated interventions, that have 
 14.10  not been authorized under section 121A.67 where there is a 
 14.11  showing of injury to a child or have not been authorized by 
 14.12  section 245.825.  Abuse does not include reasonable and moderate 
 14.13  physical discipline of a child administered by a parent or legal 
 14.14  guardian which does not result in an injury.  Abuse does not 
 14.15  include the use of reasonable force by a teacher, principal, or 
 14.16  school employee as allowed by section 121A.582.  Actions which 
 14.17  are not reasonable and moderate include, but are not limited to, 
 14.18  any of the following that are done in anger or without regard to 
 14.19  the safety of the child: 
 14.20     (1) throwing, kicking, burning, biting, or cutting a child; 
 14.21     (2) striking a child with a closed fist; 
 14.22     (3) shaking a child under age three; 
 14.23     (4) striking or other actions which result in any 
 14.24  nonaccidental injury to a child under 18 months of age; 
 14.25     (5) unreasonable interference with a child's breathing; 
 14.26     (6) threatening a child with a weapon, as defined in 
 14.27  section 609.02, subdivision 6; 
 14.28     (7) striking a child under age one on the face or head; 
 14.29     (8) purposely giving a child poison, alcohol, or dangerous, 
 14.30  harmful, or controlled substances which were not prescribed for 
 14.31  the child by a practitioner, in order to control or punish the 
 14.32  child; or other substances that substantially affect the child's 
 14.33  behavior, motor coordination, or judgment or that results in 
 14.34  sickness or internal injury, or subjects the child to medical 
 14.35  procedures that would be unnecessary if the child were not 
 14.36  exposed to the substances; 
 15.1      (9) unreasonable physical confinement or restraint not 
 15.2   permitted under section 609.379, including but not limited to 
 15.3   tying, caging, or chaining; or 
 15.4      (10) in a school facility or school zone, an act by a 
 15.5   person responsible for the child's care that is a violation 
 15.6   under section 121A.58. 
 15.7      (e) "Report" means any report received by the local welfare 
 15.8   agency, police department, county sheriff, or agency responsible 
 15.9   for assessing or investigating maltreatment pursuant to this 
 15.10  section. 
 15.11     (f) "Facility" means a licensed or unlicensed day care 
 15.12  facility, residential facility, agency, hospital, sanitarium, or 
 15.13  other facility or institution required to be licensed under 
 15.14  sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
 15.15  chapter 245B; or a school as defined in sections 120A.05, 
 15.16  subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
 15.17  personal care provider organization as defined in sections 
 15.18  256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
 15.19     (g) "Operator" means an operator or agency as defined in 
 15.20  section 245A.02.  
 15.21     (h) "Commissioner" means the commissioner of human services.
 15.22     (i) "Assessment" includes authority to interview the child, 
 15.23  the person or persons responsible for the child's care, the 
 15.24  alleged perpetrator, and any other person with knowledge of the 
 15.25  abuse or neglect for the purpose of gathering the facts, 
 15.26  assessing the risk to the child, and formulating a plan.  
 15.27     (j) "Practice of social services," for the purposes of 
 15.28  subdivision 3, includes but is not limited to employee 
 15.29  assistance counseling and the provision of guardian ad litem and 
 15.30  parenting time expeditor services.  
 15.31     (k) "Mental injury" means an injury to the psychological 
 15.32  capacity or emotional stability of a child as evidenced by an 
 15.33  observable or substantial impairment in the child's ability to 
 15.34  function within a normal range of performance and behavior with 
 15.35  due regard to the child's culture. 
 15.36     (l) "Threatened injury" means a statement, overt act, 
 16.1   condition, or status that represents a substantial risk of 
 16.2   physical or sexual abuse or mental injury.  Threatened injury 
 16.3   includes, but is not limited to, exposing a child to a person 
 16.4   responsible for the child's care, as defined in paragraph (b), 
 16.5   clause (1), who has: 
 16.6      (1) subjected a child to, or failed to protect a child 
 16.7   from, an overt act or condition that constitutes egregious harm, 
 16.8   as defined in section 260C.007, subdivision 14, or a similar law 
 16.9   of another jurisdiction; 
 16.10     (2) been found to be palpably unfit under section 260C.301, 
 16.11  paragraph (b), clause (4), or a similar law of another 
 16.12  jurisdiction; 
 16.13     (3) committed an act that has resulted in an involuntary 
 16.14  termination of parental rights under section 260C.301, or a 
 16.15  similar law of another jurisdiction; or 
 16.16     (4) committed an act that has resulted in the involuntary 
 16.17  transfer of permanent legal and physical custody of a child to a 
 16.18  relative under section 260C.201, subdivision 11, paragraph (d), 
 16.19  clause (1), or a similar law of another jurisdiction. 
 16.20     (m) Persons who conduct assessments or investigations under 
 16.21  this section shall take into account accepted child-rearing 
 16.22  practices of the culture in which a child participates and 
 16.23  accepted teacher discipline practices, which are not injurious 
 16.24  to the child's health, welfare, and safety. 
 16.25     Sec. 9.  [CHARTER SCHOOL ADVISORY BOARD MEMBER TERMS.] 
 16.26     In order to establish staggered terms for charter school 
 16.27  advisory board members under Minnesota Statutes, section 
 16.28  124D.10, subdivision 2a, the commissioner of children, families, 
 16.29  and learning shall, by lot, determine the length of term for 
 16.30  each member serving on the board on the effective date of this 
 16.31  section.  One-third of the members shall serve a one-year term, 
 16.32  one-third shall serve a two-year term, and one-third shall serve 
 16.33  a three-year term.  Thereafter, the term for each member must be 
 16.34  three years. 
 16.35     Sec. 10.  [REPEALER.] 
 16.36     Minnesota Statutes 2002, sections 124D.118, subdivision 2; 
 17.1   and 124D.93, are repealed. 
 17.2                              ARTICLE 3 
 17.3                           SPECIAL PROGRAMS 
 17.4      Section 1.  Minnesota Statutes 2002, section 121A.41, 
 17.5   subdivision 10, is amended to read: 
 17.6      Subd. 10.  [SUSPENSION.] "Suspension" means an action by 
 17.7   the school administration, under rules promulgated by the school 
 17.8   board, prohibiting a pupil from attending school for a period of 
 17.9   no more than ten school days.  If a suspension is longer than 
 17.10  five days, the suspending administrator must provide the 
 17.11  superintendent with a reason for the longer suspension.  This 
 17.12  definition does not apply to dismissal from school for one 
 17.13  school day or less, except as provided in federal law for a 
 17.14  student with a disability.  Each suspension action may include a 
 17.15  readmission plan.  The readmission plan shall include, where 
 17.16  appropriate, a provision for implementing alternative 
 17.17  educational services upon readmission and may not be used to 
 17.18  extend the current suspension.  Consistent with section 125A.09, 
 17.19  subdivision 3, the readmission plan must not obligate a parent 
 17.20  to provide a sympathomimetic medication for the parent's child 
 17.21  as a condition of readmission.  The school administration may 
 17.22  not impose consecutive suspensions against the same pupil for 
 17.23  the same course of conduct, or incident of misconduct, except 
 17.24  where the pupil will create an immediate and substantial danger 
 17.25  to self or to surrounding persons or property, or where the 
 17.26  district is in the process of initiating an expulsion, in which 
 17.27  case the school administration may extend the suspension to a 
 17.28  total of 15 days.  In the case of a student with a disability, 
 17.29  the student's individual education plan team must meet 
 17.30  immediately but not more than ten school days after the date on 
 17.31  which the decision to remove the student from the student's 
 17.32  current education placement is made.  The individual education 
 17.33  plan team and other qualified personnel shall at that meeting:  
 17.34  conduct a review of the relationship between the child's 
 17.35  disability and the behavior subject to disciplinary action; and 
 17.36  determine the appropriateness of the child's education plan. 
 18.1      The requirements of the individual education plan team 
 18.2   meeting apply when: 
 18.3      (1) the parent requests a meeting; 
 18.4      (2) the student is removed from the student's current 
 18.5   placement for five or more consecutive days; or 
 18.6      (3) the student's total days of removal from the student's 
 18.7   placement during the school year exceed ten cumulative days in a 
 18.8   school year.  The school administration shall implement 
 18.9   alternative educational services when the suspension exceeds 
 18.10  five days.  A separate administrative conference is required for 
 18.11  each period of suspension. 
 18.12     Sec. 2.  Minnesota Statutes 2002, section 124D.081, is 
 18.13  amended by adding a subdivision to read: 
 18.14     Subd. 9.  [RESERVE ACCOUNT.] First grade preparedness 
 18.15  revenue must be placed in a reserve account within the general 
 18.16  fund and may only be used for first grade preparedness programs 
 18.17  at qualifying school sites. 
 18.18     Sec. 3.  [124D.452] [DISTRICT REPORT; CAREER AND TECHNICAL 
 18.19  EDUCATION.] 
 18.20     Each district and cooperative center must report data to 
 18.21  the department of children, families, and learning for all 
 18.22  career and technical education programs as required by the 
 18.23  department. 
 18.24     Sec. 4.  Minnesota Statutes 2002, section 125A.03, is 
 18.25  amended to read: 
 18.26     125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A 
 18.27  DISABILITY.] 
 18.28     (a) As defined in paragraph (b), every district must 
 18.29  provide special instruction and services, either within the 
 18.30  district or in another district, for all children with a 
 18.31  disability who are residents of the district and who are 
 18.32  disabled as set forth in section 125A.02.  For purposes of state 
 18.33  and federal special education laws, the phrase "special 
 18.34  instruction and services" in the state education code means a 
 18.35  free and appropriate public education provided to an eligible 
 18.36  child with disabilities and includes special education and 
 19.1   related services defined in the Individuals with Disabilities 
 19.2   Education Act, subpart A, section 300.24.  
 19.3      (b) Notwithstanding any age limits in laws to the contrary, 
 19.4   special instruction and services must be provided from birth 
 19.5   until July 1 after the child with a disability becomes 21 years 
 19.6   old but shall not extend beyond secondary school or its 
 19.7   equivalent, except as provided in section 124D.68, subdivision 
 19.8   2.  Local health, education, and social service agencies must 
 19.9   refer children under age five who are known to need or suspected 
 19.10  of needing special instruction and services to the school 
 19.11  district.  Districts with less than the minimum number of 
 19.12  eligible children with a disability as determined by the 
 19.13  commissioner must cooperate with other districts to maintain a 
 19.14  full range of programs for education and services for children 
 19.15  with a disability.  This section does not alter the compulsory 
 19.16  attendance requirements of section 120A.22. 
 19.17     Sec. 5.  Minnesota Statutes 2002, section 125A.08, is 
 19.18  amended to read: 
 19.19     125A.08 [SCHOOL DISTRICT OBLIGATIONS.] 
 19.20     (a) As defined in this section, every district must ensure 
 19.21  the following: 
 19.22     (1) all students with disabilities are provided the special 
 19.23  instruction and services which are appropriate to their needs.  
 19.24  Where the individual education plan program team has determined 
 19.25  appropriate goals and objectives based on the student's needs, 
 19.26  including the extent to which the student can be included in the 
 19.27  least restrictive environment, and where there are essentially 
 19.28  equivalent and effective instruction, related services, or 
 19.29  assistive technology devices available to meet the student's 
 19.30  needs, cost to the district may be among the factors considered 
 19.31  by the team in choosing how to provide the appropriate services, 
 19.32  instruction, or devices that are to be made part of the 
 19.33  student's individual education plan program.  The individual 
 19.34  individualized education plan program team shall consider and 
 19.35  may authorize services covered by medical assistance according 
 19.36  to section 256B.0625, subdivision 26.  The student's needs and 
 20.1   the special education instruction and related services to be 
 20.2   provided must be agreed upon through the development of 
 20.3   an individual individualized education plan program.  The plan 
 20.4   individualized education program must address the student's need 
 20.5   to develop skills to live and work as independently as possible 
 20.6   within the community.  The individual individualized 
 20.7   education plan program team must consider positive behavioral 
 20.8   interventions, strategies, and supports that address behavior 
 20.9   for children with attention deficit disorder or attention 
 20.10  deficit hyperactivity disorder.  By grade 9 or age 14, the 
 20.11  plan individualized education program must address the student's 
 20.12  needs for transition from secondary services to post-secondary 
 20.13  education and training, employment, community participation, 
 20.14  recreation, and leisure and home living.  In developing the 
 20.15  plan, districts must inform parents of the full range of 
 20.16  transitional goals and related services that should be 
 20.17  considered.  The plan must include a statement of the needed 
 20.18  transition services, including a statement of the interagency 
 20.19  responsibilities or linkages or both before secondary services 
 20.20  are concluded taking into account the student's preferences and 
 20.21  interests; including instruction, related services, community 
 20.22  experiences, the development of employment and other postschool 
 20.23  adult living objectives; and, if appropriate, acquisition of 
 20.24  daily living skills and functional vocational evaluation.  The 
 20.25  individualized education program must also include transition 
 20.26  services which may include postsecondary education, vocational 
 20.27  training, integrated employment, including supported employment, 
 20.28  continuing and adult education, adult services, independent 
 20.29  living, and community participation.  The individualized 
 20.30  education program must include a statement of transition service 
 20.31  needs, needed transition services, including, if appropriate, a 
 20.32  statement of the interagency responsibilities or any needed 
 20.33  linkages; 
 20.34     (2) children with a disability under age five and their 
 20.35  families are provided special instruction and services 
 20.36  appropriate to the child's level of functioning and needs; 
 21.1      (3) children with a disability and their parents or 
 21.2   guardians are guaranteed procedural safeguards and the right to 
 21.3   participate in decisions involving identification, assessment 
 21.4   including assistive technology assessment, and educational 
 21.5   placement of children with a disability; 
 21.6      (4) eligibility and needs of children with a disability are 
 21.7   determined by an initial assessment or reassessment, which may 
 21.8   be completed using existing data under United States Code, title 
 21.9   20, section 33, et seq.; 
 21.10     (5) to the maximum extent appropriate, children with a 
 21.11  disability, including those in public or private institutions or 
 21.12  other care facilities, are educated with children who are not 
 21.13  disabled, and that special classes, separate schooling, or other 
 21.14  removal of children with a disability from the regular 
 21.15  educational environment occurs only when and to the extent that 
 21.16  the nature or severity of the disability is such that education 
 21.17  in regular classes with the use of supplementary services cannot 
 21.18  be achieved satisfactorily; 
 21.19     (6) in accordance with recognized professional standards, 
 21.20  testing and evaluation materials, and procedures used for the 
 21.21  purposes of classification and placement of children with a 
 21.22  disability are selected and administered so as not to be 
 21.23  racially or culturally discriminatory; and 
 21.24     (7) the rights of the child are protected when the parents 
 21.25  or guardians are not known or not available, or the child is a 
 21.26  ward of the state. 
 21.27     (b) For paraprofessionals employed to work in programs for 
 21.28  students with disabilities, the school board in each district 
 21.29  shall ensure that: 
 21.30     (1) before or immediately upon employment, each 
 21.31  paraprofessional develops sufficient knowledge and skills in 
 21.32  emergency procedures, building orientation, roles and 
 21.33  responsibilities, confidentiality, vulnerability, and 
 21.34  reportability, among other things, to begin meeting the needs of 
 21.35  the students with whom the paraprofessional works; 
 21.36     (2) annual training opportunities are available to enable 
 22.1   the paraprofessional to continue to further develop the 
 22.2   knowledge and skills that are specific to the students with whom 
 22.3   the paraprofessional works, including understanding 
 22.4   disabilities, following lesson plans, and implementing follow-up 
 22.5   instructional procedures and activities; and 
 22.6      (3) a districtwide process obligates each paraprofessional 
 22.7   to work under the ongoing direction of a licensed teacher and, 
 22.8   where appropriate and possible, the supervision of a school 
 22.9   nurse. 
 22.10     Sec. 6.  [REPEALER.] 
 22.11     Minnesota Statutes 2002, sections 15.014, subdivision 3; 
 22.12  and 239.004, are repealed. 
 22.13                             ARTICLE 4 
 22.14                             NUTRITION 
 22.15     Section 1.  Minnesota Statutes 2002, section 124D.118, 
 22.16  subdivision 1, is amended to read: 
 22.17     Subdivision 1.  [LEGISLATIVE FINDINGS ESTABLISHMENT; SCHOOL 
 22.18  PARTICIPANT.] The legislature finds that for best health and 
 22.19  well-being, school children in the state should receive at least 
 22.20  one serving of milk each day.  The school milk program 
 22.21  established in this section is to provide districts public and 
 22.22  nonpublic schools in the state with added resources so that all 
 22.23  kindergarten students in public and nonpublic schools may have 
 22.24  access to wholesome milk on a daily basis.  Participating 
 22.25  schools must offer one serving of milk per school day to each 
 22.26  kindergarten student.  The program must be operated under the 
 22.27  direction of the commissioner or the commissioner's designee. 
 22.28                             ARTICLE 5 
 22.29                FAMILY AND EARLY CHILDHOOD EDUCATION 
 22.30     Section 1.  Minnesota Statutes 2002, section 119A.52, is 
 22.31  amended to read: 
 22.32     119A.52 [DISTRIBUTION OF APPROPRIATION AND PROGRAM 
 22.33  COORDINATION.] 
 22.34     Subdivision 1.  [DISTRIBUTION OF APPROPRIATION; WORK PLAN.] 
 22.35  (a) The commissioner of children, families, and learning must 
 22.36  distribute money appropriated for that purpose to Head Start 
 23.1   program grantees to expand services and to serve additional 
 23.2   low-income children.  Money must be allocated to each project 
 23.3   Head Start grantee in existence on the effective date of Laws 
 23.4   1989, chapter 282.  Migrant and Indian reservation grantees must 
 23.5   be initially allocated money based on the grantees' share of 
 23.6   federal funds.  The remaining money must be initially allocated 
 23.7   to the remaining local agencies based equally on the agencies' 
 23.8   share of federal funds and on the proportion of eligible 
 23.9   children in the agencies' service area who are not currently 
 23.10  being served.  A Head Start grantee must be funded at a per 
 23.11  child rate equal to its contracted, federally funded base level 
 23.12  for program accounts 20, 22, and 25 at the start of the fiscal 
 23.13  year.  In allocating funds under this paragraph, the 
 23.14  commissioner of children, families, and learning must assure 
 23.15  that each Head Start grantee is allocated no less funding in any 
 23.16  fiscal year than was allocated to that grantee in fiscal year 
 23.17  1993.  The commissioner may provide additional funding to 
 23.18  grantees for start-up costs incurred by grantees due to the 
 23.19  increased number of children to be served.  Before paying money 
 23.20  to the grantees, the commissioner must notify each grantee of 
 23.21  its initial allocation, how the money must be used, and the 
 23.22  number of low-income children that must be served with the 
 23.23  allocation.  Each grantee must notify present a work plan to the 
 23.24  commissioner of for approval.  The work plan must include the 
 23.25  estimated number of low-income children and families it will be 
 23.26  able to serve, a description of the program design and service 
 23.27  delivery area which meets the needs of and encourages access by 
 23.28  low-income working families, a program design that ensures fair 
 23.29  and equitable access to Head Start services for all populations 
 23.30  and parts of the service area, and a plan for coordinating 
 23.31  services to maximize assistance for child care costs available 
 23.32  to families under chapter 119B.  For any grantee that cannot 
 23.33  utilize its full allocation, the commissioner must reduce the 
 23.34  allocation proportionately.  Money available after the initial 
 23.35  allocations are reduced must be redistributed to eligible 
 23.36  grantees. 
 24.1      (b) Up to 11 percent of the funds appropriated annually may 
 24.2   be used to provide grants to local Head Start agencies to 
 24.3   provide funds for innovative programs designed either to target 
 24.4   Head Start resources to particular at-risk groups of children or 
 24.5   to provide services in addition to those currently allowable 
 24.6   under federal Head Start regulations.  The commissioner must 
 24.7   award funds for innovative programs under this paragraph on a 
 24.8   competitive basis. 
 24.9      Subd. 2.  [PROGRAM COORDINATION.] Each Head Start grantee 
 24.10  must submit a plan, as part of the work plan requirement in 
 24.11  subdivision 1, to coordinate and maximize use of existing public 
 24.12  and private community resources, including school districts, 
 24.13  health care facilities, government agencies, neighborhood 
 24.14  organizations, and other resources knowledgeable in early 
 24.15  childhood development, to coordinate Head Start programming with 
 24.16  existing community-based programs and service providers, to 
 24.17  foster collaboration among agencies and other community-based 
 24.18  programs that provide flexible, family-focused services to 
 24.19  families with young children, and to facilitate the transition 
 24.20  to kindergarten.  These existing programs and providers include 
 24.21  child care programs, child care resource and referral programs, 
 24.22  early childhood family education, school readiness, local 
 24.23  interagency early intervention committees, early childhood 
 24.24  screening, special education services, and other early childhood 
 24.25  care and education services and programs as specified in the 
 24.26  Head Start performance standards to the extent possible.  The 
 24.27  plan must describe a method by which to share information, 
 24.28  responsibility, and accountability among service and program 
 24.29  providers. 
 24.30     Sec. 2.  Minnesota Statutes 2002, section 119B.011, 
 24.31  subdivision 5, is amended to read: 
 24.32     Subd. 5.  [CHILD CARE.] "Child care" means the care of a 
 24.33  child by someone other than a parent or, stepparent, legal 
 24.34  guardian, eligible relative, caregiver, or the spouses of any of 
 24.35  the foregoing in or outside the child's own home for gain or 
 24.36  otherwise, on a regular basis, for any part of a 24-hour day. 
 25.1      Sec. 3.  Minnesota Statutes 2002, section 119B.011, 
 25.2   subdivision 15, is amended to read: 
 25.3      Subd. 15.  [INCOME.] "Income" means earned or unearned 
 25.4   income received by all family members, including public 
 25.5   assistance cash benefits and at-home infant care subsidy 
 25.6   payments, unless specifically excluded and child support and 
 25.7   maintenance distributed to the family under section 256.741, 
 25.8   subdivision 15.  The following are excluded from income:  funds 
 25.9   used to pay for health insurance premiums for family members, 
 25.10  Supplemental Security Income, scholarships, work-study income, 
 25.11  and grants that cover costs or reimbursement for tuition, fees, 
 25.12  books, and educational supplies; student loans for tuition, 
 25.13  fees, books, supplies, and living expenses; state and federal 
 25.14  earned income tax credits; assistance specifically excluded as 
 25.15  income by law; in-kind income such as food stamps, energy 
 25.16  assistance, foster care assistance, medical assistance, child 
 25.17  care assistance, and housing subsidies; earned income of 
 25.18  full-time or part-time students up to the age of 19, who have 
 25.19  not earned a high school diploma or GED high school equivalency 
 25.20  diploma including earnings from summer employment; grant awards 
 25.21  under the family subsidy program; nonrecurring lump sum income 
 25.22  only to the extent that it is earmarked and used for the purpose 
 25.23  for which it is paid; and any income assigned to the public 
 25.24  authority according to section 256.741. 
 25.25     Sec. 4.  Minnesota Statutes 2002, section 119B.011, 
 25.26  subdivision 19, is amended to read: 
 25.27     Subd. 19.  [PROVIDER.] "Provider" means (1) an individual 
 25.28  or child care center or facility, either licensed or unlicensed, 
 25.29  providing legal child care services as defined under section 
 25.30  245A.03, or (2) an individual or child care center or facility 
 25.31  holding a valid child care license issued by another state or a 
 25.32  tribe and providing child care services in the licensing state 
 25.33  or in the area under the licensing tribe's jurisdiction.  A 
 25.34  legally unlicensed registered family child care provider must be 
 25.35  at least 18 years of age, and not a member of the MFIP 
 25.36  assistance unit or a member of the family receiving child care 
 26.1   assistance to be authorized under this chapter.  
 26.2      Sec. 5.  Minnesota Statutes 2002, section 119B.011, is 
 26.3   amended by adding a subdivision to read: 
 26.4      Subd. 19a.  [REGISTRATION.] "Registration" means the 
 26.5   process used by a county to determine whether the provider 
 26.6   selected by a family applying for or receiving child care 
 26.7   assistance to care for that family's children meets the 
 26.8   requirements necessary for payment of child care assistance for 
 26.9   care provided by that provider. 
 26.10     Sec. 6.  Minnesota Statutes 2002, section 119B.02, 
 26.11  subdivision 1, is amended to read: 
 26.12     Subdivision 1.  [CHILD CARE SERVICES.] The commissioner 
 26.13  shall develop standards for county and human services boards to 
 26.14  provide child care services to enable eligible families to 
 26.15  participate in employment, training, or education programs.  
 26.16  Within the limits of available appropriations, the commissioner 
 26.17  shall distribute money to counties to reduce the costs of child 
 26.18  care for eligible families.  The commissioner shall adopt rules 
 26.19  to govern the program in accordance with this section.  The 
 26.20  rules must establish a sliding schedule of fees for parents 
 26.21  receiving child care services.  The rules shall provide that 
 26.22  funds received as a lump sum payment of child support arrearages 
 26.23  shall not be counted as income to a family in the month received 
 26.24  but shall be prorated over the 12 months following receipt and 
 26.25  added to the family income during those months.  In the rules 
 26.26  adopted under this section, county and human services boards 
 26.27  shall be authorized to establish policies for payment of child 
 26.28  care spaces for absent children, when the payment is required by 
 26.29  the child's regular provider.  The rules shall not set a maximum 
 26.30  number of days for which absence payments can be made, but 
 26.31  instead shall direct the county agency to set limits and pay for 
 26.32  absences according to the prevailing market practice in the 
 26.33  county.  County policies for payment of absences shall be 
 26.34  subject to the approval of the commissioner.  The commissioner 
 26.35  shall maximize the use of federal money under title I and title 
 26.36  IV of Public Law Number 104-193, the Personal Responsibility and 
 27.1   Work Opportunity Reconciliation Act of 1996, and other programs 
 27.2   that provide federal or state reimbursement for child care 
 27.3   services for low-income families who are in education, training, 
 27.4   job search, or other activities allowed under those programs.  
 27.5   Money appropriated under this section must be coordinated with 
 27.6   the programs that provide federal reimbursement for child care 
 27.7   services to accomplish this purpose.  Federal reimbursement 
 27.8   obtained must be allocated to the county that spent money for 
 27.9   child care that is federally reimbursable under programs that 
 27.10  provide federal reimbursement for child care services.  The 
 27.11  counties shall use the federal money to expand child care 
 27.12  services.  The commissioner may adopt rules under chapter 14 to 
 27.13  implement and coordinate federal program requirements. 
 27.14     Sec. 7.  Minnesota Statutes 2002, section 119B.03, 
 27.15  subdivision 9, is amended to read: 
 27.16     Subd. 9.  [PORTABILITY POOL.] (a) The commissioner shall 
 27.17  establish a pool of up to five percent of the annual 
 27.18  appropriation for the basic sliding fee program to provide 
 27.19  continuous child care assistance for eligible families who move 
 27.20  between Minnesota counties.  At the end of each allocation 
 27.21  period, any unspent funds in the portability pool must be used 
 27.22  for assistance under the basic sliding fee program.  If 
 27.23  expenditures from the portability pool exceed the amount of 
 27.24  money available, the reallocation pool must be reduced to cover 
 27.25  these shortages. 
 27.26     (b) To be eligible for portable basic sliding fee 
 27.27  assistance, a family that has moved from a county in which it 
 27.28  was receiving basic sliding fee assistance to a county with a 
 27.29  waiting list for the basic sliding fee program must: 
 27.30     (1) meet the income and eligibility guidelines for the 
 27.31  basic sliding fee program; and 
 27.32     (2) notify the new county of residence within 30 60 days of 
 27.33  moving and apply for basic sliding fee assistance in submit 
 27.34  information to the new county of residence to verify eligibility 
 27.35  for the basic sliding fee program. 
 27.36     (c) The receiving county must: 
 28.1      (1) accept administrative responsibility for applicants for 
 28.2   portable basic sliding fee assistance at the end of the two 
 28.3   months of assistance under the Unitary Residency Act; 
 28.4      (2) continue basic sliding fee assistance for the lesser of 
 28.5   six months or until the family is able to receive assistance 
 28.6   under the county's regular basic sliding program; and 
 28.7      (3) notify the commissioner through the quarterly reporting 
 28.8   process of any family that meets the criteria of the portable 
 28.9   basic sliding fee assistance pool. 
 28.10     Sec. 8.  Minnesota Statutes 2002, section 119B.05, 
 28.11  subdivision 1, is amended to read: 
 28.12     Subdivision 1.  [ELIGIBLE PARTICIPANTS.] Families eligible 
 28.13  for child care assistance under the MFIP child care program are: 
 28.14     (1) MFIP participants who are employed or in job search and 
 28.15  meet the requirements of section 119B.10; 
 28.16     (2) persons who are members of transition year families 
 28.17  under section 119B.011, subdivision 20, and meet the 
 28.18  requirements of section 119B.10; 
 28.19     (3) families who are participating in employment 
 28.20  orientation or job search, or other employment or training 
 28.21  activities that are included in an approved employability 
 28.22  development plan under chapter 256K; 
 28.23     (4) MFIP families who are participating in work job search, 
 28.24  job support, employment, or training activities as required in 
 28.25  their job search support or employment plan, or in appeals, 
 28.26  hearings, assessments, or orientations according to chapter 
 28.27  256J; 
 28.28     (5) MFIP families who are participating in social services 
 28.29  activities under chapter 256J or 256K as required in their 
 28.30  employment plan approved according to chapter 256J or 256K; and 
 28.31     (6) families who are participating in programs as required 
 28.32  in tribal contracts under section 119B.02, subdivision 2, or 
 28.33  256.01, subdivision 2. 
 28.34     Sec. 9.  Minnesota Statutes 2002, section 119B.08, 
 28.35  subdivision 3, is amended to read: 
 28.36     Subd. 3.  [CHILD CARE FUND PLAN.] The county and designated 
 29.1   administering agency shall submit a biennial child care fund 
 29.2   plan to the commissioner an annual child care fund plan in its 
 29.3   biennial community social services plan.  The commissioner shall 
 29.4   establish the dates by which the county must submit the plans.  
 29.5   The plan shall include: 
 29.6      (1) a narrative of the total program for child care 
 29.7   services, including all policies and procedures that affect 
 29.8   eligible families and are used to administer the child care 
 29.9   funds; 
 29.10     (2) the methods used by the county to inform eligible 
 29.11  families of the availability of child care assistance and 
 29.12  related services; 
 29.13     (3) the provider rates paid for all children with special 
 29.14  needs by provider type; 
 29.15     (4) the county prioritization policy for all eligible 
 29.16  families under the basic sliding fee program; and 
 29.17     (5) other a description of strategies to coordinate and 
 29.18  maximize public and private community resources, including 
 29.19  school districts, health care facilities, government agencies, 
 29.20  neighborhood organizations, and other resources knowledgeable in 
 29.21  early childhood development, in particular to coordinate child 
 29.22  care assistance with existing community-based programs and 
 29.23  service providers including child care resource and referral 
 29.24  programs, early childhood family education, school readiness, 
 29.25  Head Start, local interagency early intervention committees, 
 29.26  special education services, early childhood screening, and other 
 29.27  early childhood care and education services and programs to the 
 29.28  extent possible, to foster collaboration among agencies and 
 29.29  other community-based programs that provide flexible, 
 29.30  family-focused services to families with young children and to 
 29.31  facilitate the transition to kindergarten.  The county must 
 29.32  describe a method by which to share information, responsibility, 
 29.33  and accountability among service and program providers; 
 29.34     (2) a description of procedures and methods to be used to 
 29.35  make copies of the proposed state plan reasonably available to 
 29.36  the public, including members of the public particularly 
 30.1   interested in child care policies such as parents, child care 
 30.2   providers, culturally specific service organizations, child care 
 30.3   resource and referral programs, interagency early intervention 
 30.4   committees, potential collaboration partners and agencies 
 30.5   involved in the provision of care and education to young 
 30.6   children, and allowing sufficient time for public review and 
 30.7   comment; and 
 30.8      (3) information as requested by the department to ensure 
 30.9   compliance with the child care fund statutes and rules 
 30.10  promulgated by the commissioner. 
 30.11     The commissioner shall notify counties within 60 90 days of 
 30.12  the date the plan is submitted whether the plan is approved or 
 30.13  the corrections or information needed to approve the plan.  The 
 30.14  commissioner shall withhold a county's allocation until it has 
 30.15  an approved plan.  Plans not approved by the end of the second 
 30.16  quarter after the plan is due may result in a 25 percent 
 30.17  reduction in allocation.  Plans not approved by the end of the 
 30.18  third quarter after the plan is due may result in a 100 percent 
 30.19  reduction in the allocation to the county.  Counties are to 
 30.20  maintain services despite any reduction in their allocation due 
 30.21  to plans not being approved. 
 30.22     Sec. 10.  Minnesota Statutes 2002, section 119B.11, 
 30.23  subdivision 2a, is amended to read: 
 30.24     Subd. 2a.  [RECOVERY OF OVERPAYMENTS.] An amount of child 
 30.25  care assistance paid to a recipient in excess of the payment due 
 30.26  is recoverable by the county agency.  If the family remains 
 30.27  eligible for child care assistance, the overpayment must be 
 30.28  recovered through recoupment as identified in Minnesota Rules, 
 30.29  part 3400.0140, subpart 19, except that the overpayments must be 
 30.30  calculated and collected on a service period basis.  If the 
 30.31  family no longer remains eligible for child care assistance, the 
 30.32  county may choose to initiate efforts to recover overpayments 
 30.33  from the family for overpayment less than $50.  If the 
 30.34  overpayment is greater than or equal to $50, the county shall 
 30.35  seek voluntary repayment of the overpayment from the family.  If 
 30.36  the county is unable to recoup the overpayment through voluntary 
 31.1   repayment, the county shall initiate civil court proceedings to 
 31.2   recover the overpayment unless the county's costs to recover the 
 31.3   overpayment will exceed the amount of the overpayment.  A family 
 31.4   with an outstanding debt under this subdivision is not eligible 
 31.5   for child care assistance until:  (1) the debt is paid in full; 
 31.6   or (2) satisfactory arrangements are made with the county to 
 31.7   retire the debt consistent with the requirements of this chapter 
 31.8   and Minnesota Rules, chapter 3400, and the family is in 
 31.9   compliance with the arrangements. 
 31.10     Sec. 11.  Minnesota Statutes 2002, section 119B.12, 
 31.11  subdivision 2, is amended to read: 
 31.12     Subd. 2.  [PARENT FEE.] A family must be assessed a parent 
 31.13  fee for each service period.  A family's monthly parent fee must 
 31.14  be a fixed percentage of its annual gross income.  Parent fees 
 31.15  must apply to families eligible for child care assistance under 
 31.16  sections 119B.03 and 119B.05.  Income must be as defined in 
 31.17  section 119B.011, subdivision 15.  The fixed percent is based on 
 31.18  the relationship of the family's annual gross income to 100 
 31.19  percent of state median income.  Beginning January 1, 1998, 
 31.20  parent fees must begin at 75 percent of the poverty level.  The 
 31.21  minimum parent fees for families between 75 percent and 100 
 31.22  percent of poverty level must be $5 $2.50 per month service 
 31.23  period.  Parent fees must be established in rule and must 
 31.24  provide for graduated movement to full payment. 
 31.25     Sec. 12.  [119B.125] [PROVIDER REQUIREMENTS.] 
 31.26     Subdivision 1.  [AUTHORIZATION.] Except as provided in 
 31.27  subdivision 3, a county must authorize the provider chosen by an 
 31.28  applicant or a participant before the county can authorize 
 31.29  payment for care provided by that provider.  The commissioner 
 31.30  must establish the requirements necessary for authorization of 
 31.31  providers. 
 31.32     Subd. 2.  [UNSAFE CARE.] A county may deny authorization as 
 31.33  a child care provider to any applicant or rescind authorization 
 31.34  of any provider when the county knows or has reason to believe 
 31.35  that the provider is unsafe or that the circumstances of the 
 31.36  chosen child care arrangement are unsafe.  The county must 
 32.1   include the conditions under which a provider or care 
 32.2   arrangement will be determined to be unsafe in the county's 
 32.3   child care fund plan under section 119B.08, subdivision 3. 
 32.4      Subd. 3.  [PROVISIONAL PAYMENT.] After a county receives a 
 32.5   completed application from a provider, the county may issue 
 32.6   provisional authorization and payment to the provider during the 
 32.7   time needed to determine whether to give final authorization to 
 32.8   the provider. 
 32.9      Subd. 4.  [RECORD KEEPING REQUIREMENT.] All providers must 
 32.10  keep daily attendance records for children receiving child care 
 32.11  assistance and must make those records available immediately to 
 32.12  the county upon request.  The daily attendance records must be 
 32.13  retained for six years after the date of service.  A county may 
 32.14  deny authorization as a child care provider to any applicant or 
 32.15  rescind authorization of any provider when the county knows or 
 32.16  has reason to believe that the provider has not complied with 
 32.17  the record keeping requirement in this subdivision. 
 32.18     Sec. 13.  Minnesota Statutes 2002, section 119B.13, 
 32.19  subdivision 6, is amended to read: 
 32.20     Subd. 6.  [PROVIDER PAYMENTS.] (a) Counties or the state 
 32.21  shall make vendor payments to the child care provider or pay the 
 32.22  parent directly for eligible child care expenses.  
 32.23     (b) If payments for child care assistance are made to 
 32.24  providers, the provider shall bill the county for services 
 32.25  provided within ten days of the end of the month of service 
 32.26  period.  If bills are submitted in accordance with the 
 32.27  provisions of this subdivision within ten days of the end of the 
 32.28  service period, a county or the state shall issue payment to the 
 32.29  provider of child care under the child care fund within 30 days 
 32.30  of receiving an invoice a bill from the provider.  Counties or 
 32.31  the state may establish policies that make payments on a more 
 32.32  frequent basis.  
 32.33     (c) All bills must be submitted within 60 days of the last 
 32.34  date of service on the bill.  A county may pay a bill submitted 
 32.35  more than 60 days after the last date of service if the provider 
 32.36  shows good cause why the bill was not submitted within 60 days.  
 33.1   Good cause must be defined in the county's child care fund plan 
 33.2   under section 119B.08, subdivision 3, and the definition of good 
 33.3   cause must include county error.  A county may not pay any bill 
 33.4   submitted more than a year after the last date of service on the 
 33.5   bill. 
 33.6      (d) A county may stop payment issued to a provider or may 
 33.7   refuse to pay a bill submitted by a provider if: 
 33.8      (1) the provider admits to intentionally giving the county 
 33.9   false information on the provider's billing forms; or 
 33.10     (2) a county finds by a preponderance of the evidence that 
 33.11  the provider intentionally gave the county false information on 
 33.12  the provider's billing forms. 
 33.13     (e) A county's payment policies must be included in the 
 33.14  county's child care plan under section 119B.08, subdivision 3.  
 33.15  If payments are made by the state, in addition to being in 
 33.16  compliance with this subdivision, the payments must be made in 
 33.17  compliance with section 16A.124. 
 33.18     Sec. 14.  Minnesota Statutes 2002, section 119B.19, 
 33.19  subdivision 7, is amended to read: 
 33.20     Subd. 7.  [CHILD CARE RESOURCE AND REFERRAL PROGRAMS.] 
 33.21  Within each region, a child care resource and referral program 
 33.22  must: 
 33.23     (1) maintain one database of all existing child care 
 33.24  resources and services and one database of family referrals; 
 33.25     (2) provide a child care referral service for families; 
 33.26     (3) develop resources to meet the child care service needs 
 33.27  of families; 
 33.28     (4) increase the capacity to provide culturally responsive 
 33.29  child care services; 
 33.30     (5) coordinate professional development opportunities for 
 33.31  child care and school-age care providers; 
 33.32     (6) administer and award child care services grants; 
 33.33     (7) administer and provide loans for child development 
 33.34  education and training; and 
 33.35     (8) cooperate with the Minnesota Child Care Resource and 
 33.36  Referral Network and its member programs to develop effective 
 34.1   child care services and child care resources; and 
 34.2      (9) assist in fostering coordination, collaboration, and 
 34.3   planning among child care programs and community programs such 
 34.4   as school readiness, Head Start, early childhood family 
 34.5   education, local interagency early intervention committees, 
 34.6   early childhood screening, special education services, and other 
 34.7   early childhood care and education services and programs that 
 34.8   provide flexible, family-focused services to families with young 
 34.9   children to the extent possible. 
 34.10     Sec. 15.  Minnesota Statutes 2002, section 119B.21, 
 34.11  subdivision 11, is amended to read: 
 34.12     Subd. 11.  [STATEWIDE ADVISORY TASK FORCE.] The 
 34.13  commissioner may convene a statewide advisory task force to 
 34.14  advise the commissioner on statewide grants or other child care 
 34.15  issues.  The following groups must be represented:  family child 
 34.16  care providers, child care center programs, school-age care 
 34.17  providers, parents who use child care services, health services, 
 34.18  social services, Head Start, public schools, school-based early 
 34.19  childhood programs, special education programs, employers, and 
 34.20  other citizens with demonstrated interest in child care issues.  
 34.21  Additional members may be appointed by the commissioner.  The 
 34.22  commissioner may compensate members for their travel, child 
 34.23  care, and child care provider substitute expenses for attending 
 34.24  task force meetings.  The commissioner may also pay a stipend to 
 34.25  parent representatives for participating in task force meetings. 
 34.26     Sec. 16.  Minnesota Statutes 2002, section 119B.23, 
 34.27  subdivision 3, is amended to read: 
 34.28     Subd. 3.  [BIENNIAL PLAN.] The county board shall 
 34.29  biennially develop a plan for the distribution of money for 
 34.30  child care services as part of the community social services 
 34.31  plan described in section 256E.09 child care fund plan under 
 34.32  section 119B.08.  All licensed child care programs shall be 
 34.33  given written notice concerning the availability of money and 
 34.34  the application process. 
 34.35     Sec. 17.  Minnesota Statutes 2002, section 121A.21, is 
 34.36  amended to read: 
 35.1      121A.21 [SCHOOL HEALTH SERVICES.] 
 35.2      (a) Every school board must provide services to promote the 
 35.3   health of its pupils. 
 35.4      (b) The board of a district with 1,000 pupils or more in 
 35.5   average daily membership in early childhood family education, 
 35.6   preschool handicapped, elementary, and secondary programs must 
 35.7   comply with the requirements of this paragraph.  It may use one 
 35.8   or a combination of the following methods: 
 35.9      (1) employ personnel, including at least one full-time 
 35.10  equivalent licensed school nurse or continue to employ a 
 35.11  registered nurse not yet certified as a public health nurse as 
 35.12  defined in section 145A.02, subdivision 18, who is enrolled in a 
 35.13  program that would lead to certification within four years of 
 35.14  August 1, 1988; 
 35.15     (2) contract with a public or private health organization 
 35.16  or another public agency for personnel during the regular school 
 35.17  year, determined appropriate by the board, who are currently 
 35.18  licensed under chapter 148 and who are certified public health 
 35.19  nurses; or 
 35.20     (3) enter into another arrangement approved by the 
 35.21  commissioner.  
 35.22     Sec. 18.  Minnesota Statutes 2002, section 121A.23, 
 35.23  subdivision 1, is amended to read: 
 35.24     Subdivision 1.  [SEXUALLY TRANSMITTED INFECTIONS AND 
 35.25  DISEASES PROGRAM.] The commissioner of children, families, and 
 35.26  learning, in consultation with the commissioner of health, shall 
 35.27  assist districts in developing and implementing a program to 
 35.28  prevent and reduce the risk of sexually transmitted infections 
 35.29  and diseases, including but not exclusive to human immune 
 35.30  deficiency virus and human papilloma virus.  Each district must 
 35.31  have a program that includes at least: 
 35.32     (1) planning materials, guidelines, and other technically 
 35.33  accurate and updated information; 
 35.34     (2) a comprehensive, technically accurate, and updated 
 35.35  curriculum that includes helping students to abstain from sexual 
 35.36  activity until marriage; 
 36.1      (3) cooperation and coordination among districts and SCs; 
 36.2      (4) a targeting of adolescents, especially those who may be 
 36.3   at high risk of contracting sexually transmitted infections and 
 36.4   diseases, for prevention efforts; 
 36.5      (5) involvement of parents and other community members; 
 36.6      (6) in-service training for appropriate district staff and 
 36.7   school board members; 
 36.8      (7) collaboration with state agencies and organizations 
 36.9   having a sexually transmitted infection and disease prevention 
 36.10  or sexually transmitted infection and disease risk reduction 
 36.11  program; 
 36.12     (8) collaboration with local community health services, 
 36.13  agencies and organizations having a sexually transmitted 
 36.14  infection and disease prevention or sexually transmitted 
 36.15  infection and disease risk reduction program; and 
 36.16     (9) participation by state and local student organizations. 
 36.17     The department may provide assistance at a neutral site to 
 36.18  a nonpublic school participating in a district's program.  
 36.19  District programs must not conflict with the health and wellness 
 36.20  curriculum developed under Laws 1987, chapter 398, article 5, 
 36.21  section 2, subdivision 7. 
 36.22     If a district fails to develop and implement a program to 
 36.23  prevent and reduce the risk of sexually transmitted infection 
 36.24  and disease, the department must assist the service cooperative 
 36.25  in the region serving that district to develop or implement the 
 36.26  program.  
 36.27     Sec. 19.  Minnesota Statutes 2002, section 124D.13, 
 36.28  subdivision 4, is amended to read: 
 36.29     Subd. 4.  [HOME VISITING PROGRAM.] (a) The commissioner A 
 36.30  district that levies for home visiting under section 124D.135, 
 36.31  subdivision 6, shall use this revenue to include as part of the 
 36.32  early childhood family education programs a parent education 
 36.33  component to prevent child abuse and neglect.  This parent 
 36.34  education component must include: 
 36.35     (1) expanding statewide the home visiting component of the 
 36.36  early childhood family education programs; 
 37.1      (2) training parent educators, child educators, community 
 37.2   outreach workers, and home visitors in the dynamics of child 
 37.3   abuse and neglect and positive parenting and discipline 
 37.4   practices; and 
 37.5      (3) developing and disseminating education and public 
 37.6   information materials that promote positive parenting skills and 
 37.7   prevent child abuse and neglect. 
 37.8      (b) The parent education component must: 
 37.9      (1) offer to isolated or at-risk families home visiting 
 37.10  parent education services that at least address parenting 
 37.11  skills, a child's development and stages of growth, 
 37.12  communication skills, managing stress, problem-solving skills, 
 37.13  positive child discipline practices, methods of improving 
 37.14  parent-child interactions and enhancing self-esteem, using 
 37.15  community support services and other resources, and encouraging 
 37.16  parents to have fun with and enjoy their children; 
 37.17     (2) develop a that is designed to reach isolated or at-risk 
 37.18  families. 
 37.19     The home visiting program must use: 
 37.20     (1) an established risk assessment tool to determine the 
 37.21  family's level of risk; 
 37.22     (3) (2) establish clear objectives and protocols for home 
 37.23  visits; 
 37.24     (4) determine the frequency and duration of home visits 
 37.25  based on a risk-need assessment of the client, with home visits 
 37.26  beginning in the second trimester of pregnancy and continuing, 
 37.27  based on client need, until a child is six years old; 
 37.28     (5) (3) encourage families to make a transition from home 
 37.29  visits to site-based parenting programs to build a family 
 37.30  support network and reduce the effects of isolation; 
 37.31     (6) develop and distribute education materials on 
 37.32  preventing child abuse and neglect that may be used in home 
 37.33  visiting programs and parent education classes and distributed 
 37.34  to the public; 
 37.35     (7) initially provide at least 40 hours of training and 
 37.36  thereafter ongoing training for parent educators, child 
 38.1   educators, community outreach workers, and home visitors that 
 38.2   covers the dynamics of child abuse and neglect, domestic 
 38.3   violence and victimization within family systems, signs of abuse 
 38.4   or other indications that a child may be at risk of being abused 
 38.5   or neglected, what child abuse and neglect are, how to properly 
 38.6   report cases of child abuse and neglect, respect for cultural 
 38.7   preferences in child rearing, what community resources, social 
 38.8   service agencies, and family support activities and programs are 
 38.9   available, child development and growth, parenting skills, 
 38.10  positive child discipline practices, identifying stress factors 
 38.11  and techniques for reducing stress, home visiting techniques, 
 38.12  and risk assessment measures; 
 38.13     (8) (4) provide program services that are community-based, 
 38.14  accessible, and culturally relevant; and 
 38.15     (9) (5) foster collaboration among existing agencies and 
 38.16  community-based organizations that serve young children and 
 38.17  their families. 
 38.18     (c) Home visitors should reflect the demographic 
 38.19  composition of the community the home visitor is serving to the 
 38.20  extent possible.  
 38.21     Sec. 20.  Minnesota Statutes 2002, section 124D.13, 
 38.22  subdivision 8, is amended to read: 
 38.23     Subd. 8.  [COORDINATION.] (a) A district is encouraged to 
 38.24  coordinate the program with its special education and vocational 
 38.25  education programs and with related services provided by other 
 38.26  governmental agencies and nonprofit agencies. must describe 
 38.27  strategies to coordinate and maximize public and private 
 38.28  community resources, including school districts, health care 
 38.29  facilities, government agencies, neighborhood organizations, and 
 38.30  other resources knowledgeable in early childhood development, to 
 38.31  coordinate early childhood family education with existing 
 38.32  community-based programs and service providers to foster 
 38.33  collaboration among agencies and other community-based programs 
 38.34  that provide flexible, family-focused services to families with 
 38.35  young children, and to facilitate the transition to 
 38.36  kindergarten.  These existing programs and providers include:  
 39.1   child care programs, child care resource and referral programs, 
 39.2   school readiness, Head Start, local interagency early 
 39.3   intervention committees, early childhood special education, 
 39.4   early childhood screening, and education services and programs 
 39.5   to the extent possible.  The district must describe a method to 
 39.6   share information, responsibility, and accountability among 
 39.7   service and program providers.  
 39.8      (b) A district is encouraged to coordinate adult basic 
 39.9   education programs provided to parents and early childhood 
 39.10  family education programs provided to children to accomplish the 
 39.11  goals of section 124D.895. 
 39.12     Sec. 21.  Minnesota Statutes 2002, section 124D.15, 
 39.13  subdivision 7, is amended to read: 
 39.14     Subd. 7.  [ADVISORY COUNCIL.] Each school readiness program 
 39.15  must have an advisory council composed of members of existing 
 39.16  early education-related boards, parents of participating 
 39.17  children, child care providers, culturally specific service 
 39.18  organizations, local resource and referral agencies, local early 
 39.19  intervention committees, and representatives of early childhood 
 39.20  service providers.  The council must advise the board in 
 39.21  creating and administering the program and must monitor the 
 39.22  progress of the program.  The council must ensure that children 
 39.23  at greatest risk receive appropriate services.  If the board is 
 39.24  unable to appoint to the advisory council members of existing 
 39.25  early education-related boards, it must appoint parents of 
 39.26  children enrolled in the program who represent the racial, 
 39.27  cultural, and economic diversity of the district and 
 39.28  representatives of early childhood service providers as 
 39.29  representatives to an existing advisory council. 
 39.30     Sec. 22.  Minnesota Statutes 2002, section 124D.16, 
 39.31  subdivision 1, is amended to read: 
 39.32     Subdivision 1.  [PROGRAM REVIEW AND APPROVAL.] A school 
 39.33  district shall biennially by May 1 submit to the commissioners 
 39.34  of children, families, and learning and health the program plan 
 39.35  required under this subdivision.  As determined by the 
 39.36  commissioners, one-half of the districts shall first submit the 
 40.1   plan by May 1 of the 2000-2001 school year and one-half of the 
 40.2   districts shall first submit the plan by May 1 of the 2001-2002 
 40.3   school year.  The program plan must include: 
 40.4      (1) a description of the services to be provided; 
 40.5      (2) a plan to ensure children at greatest risk receive 
 40.6   appropriate services; 
 40.7      (3) a description of procedures and methods to be used 
 40.8   strategies to coordinate and maximize public and private 
 40.9   community resources to maximize use of existing community 
 40.10  resources, including school districts, health care facilities, 
 40.11  government agencies, neighborhood organizations, and other 
 40.12  resources knowledgeable in early childhood development, to 
 40.13  coordinate school readiness with existing community-based 
 40.14  programs and service providers to foster collaboration among 
 40.15  agencies and other community-based programs that provide 
 40.16  flexible, family-focused services to families with young 
 40.17  children, and to facilitate the transition to kindergarten.  
 40.18  These existing programs and providers include child care 
 40.19  programs, child care resource and referral programs, early 
 40.20  childhood family education, Head Start, local interagency early 
 40.21  intervention committees, special education services, early 
 40.22  childhood screening, and other education services and programs 
 40.23  to the extent possible.  The district must describe a method to 
 40.24  share information, responsibility, and accountability among 
 40.25  service and program providers; 
 40.26     (4) comments about the district's proposed program by the 
 40.27  advisory council required by section 124D.15, subdivision 7; and 
 40.28     (5) agreements with all participating service providers.  
 40.29     Each commissioner may review and comment on the program, 
 40.30  and make recommendations to the commissioner of children, 
 40.31  families, and learning, within 30 90 days of receiving the plan. 
 40.32     Sec. 23.  Minnesota Statutes 2002, section 125A.023, 
 40.33  subdivision 3, is amended to read: 
 40.34     Subd. 3.  [DEFINITIONS.] For purposes of this section and 
 40.35  section 125A.027, the following terms have the meanings given 
 40.36  them: 
 41.1      (a) "Health plan" means: 
 41.2      (1) a health plan under section 62Q.01, subdivision 3; 
 41.3      (2) a county-based purchasing plan under section 256B.692; 
 41.4      (3) a self-insured health plan established by a local 
 41.5   government under section 471.617; or 
 41.6      (4) self-insured health coverage provided by the state to 
 41.7   its employees or retirees. 
 41.8      (b) For purposes of this section, "health plan company" 
 41.9   means an entity that issues a health plan as defined in 
 41.10  paragraph (a). 
 41.11     (c) "Individual interagency intervention plan" means a 
 41.12  standardized written plan describing those programs or services 
 41.13  and the accompanying funding sources available to eligible 
 41.14  children with disabilities. 
 41.15     (d) "Interagency intervention service system" means a 
 41.16  system that coordinates services and programs required in state 
 41.17  and federal law to meet the needs of eligible children with 
 41.18  disabilities ages three to 21, including: 
 41.19     (1) services provided under the following programs or 
 41.20  initiatives administered by state or local agencies: 
 41.21     (i) the maternal and child health program under title V of 
 41.22  the Social Security Act, United States Code, title 42, sections 
 41.23  701 to 709; 
 41.24     (ii) the Individuals with Disabilities Education Act under 
 41.25  United States Code, title 20, chapter 33, subchapter II, 
 41.26  sections 1411 to 1420; 
 41.27     (iii) medical assistance under the Social Security Act, 
 41.28  United States Code, title 42, chapter 7, subchapter XIX, section 
 41.29  1396, et seq.; 
 41.30     (iv) the Developmental Disabilities Assistance and Bill of 
 41.31  Rights Act, United States Code, title 42, chapter 75, subchapter 
 41.32  II, sections 6021 to 6030, Part B; 
 41.33     (v) the Head Start Act, United States Code, title 42, 
 41.34  chapter 105, subchapter II, sections 9831 to 9852; 
 41.35     (vi) rehabilitation services provided under chapter 268A; 
 41.36     (vii) Juvenile Court Act services provided under sections 
 42.1   260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 to 
 42.2   260C.451; 
 42.3      (viii) the children's mental health collaboratives under 
 42.4   section 245.493; 
 42.5      (ix) the family service collaboratives under section 
 42.6   124D.23; 
 42.7      (x) the family community support plan under section 
 42.8   245.4881, subdivision 4; 
 42.9      (xi) the MinnesotaCare program under chapter 256L; 
 42.10     (xii) the community health services grants under chapter 
 42.11  145; 
 42.12     (xiii) the Community Social Services Act funding under the 
 42.13  Social Security Act, United States Code, title 42, sections 1397 
 42.14  to 1397f; and 
 42.15     (xiv) the community transition interagency committees under 
 42.16  section 125A.22; 
 42.17     (xv) the child care assistance program under chapter 119B; 
 42.18  and 
 42.19     (xvi) services offered through the child care resource and 
 42.20  referral programs under chapter 119B; 
 42.21     (2) services provided under a health plan in conformity 
 42.22  with an individual family service plan or an individual 
 42.23  education plan; and 
 42.24     (3) additional appropriate services that local agencies and 
 42.25  counties provide on an individual need basis upon determining 
 42.26  eligibility and receiving a request from the interagency early 
 42.27  intervention committee and the child's parent. 
 42.28     (e) "Children with disabilities" has the meaning given in 
 42.29  section 125A.02. 
 42.30     (f) A "standardized written plan" means those individual 
 42.31  services or programs available through the interagency 
 42.32  intervention service system to an eligible child other than the 
 42.33  services or programs described in the child's individual 
 42.34  education plan or the child's individual family service plan. 
 42.35     Sec. 24.  Minnesota Statutes 2002, section 125A.28, is 
 42.36  amended to read: 
 43.1      125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.] 
 43.2      An interagency coordinating council of at least 17, but not 
 43.3   more than 25 members is established, in compliance with Public 
 43.4   Law Number 102-119, section 682.  The members must be appointed 
 43.5   by the governor.  Council members must elect the council chair.  
 43.6   The representative of the commissioner may not serve as the 
 43.7   chair.  The council must be composed of at least five parents, 
 43.8   including persons of color, of children with disabilities under 
 43.9   age 12, including at least three parents of a child with a 
 43.10  disability under age seven, five representatives of public or 
 43.11  private providers of services for children with disabilities 
 43.12  under age five, including a special education director, county 
 43.13  social service director, local Head Start director, and a 
 43.14  community health services or public health nursing 
 43.15  administrator, one member of the senate, one member of the house 
 43.16  of representatives, one representative of teacher preparation 
 43.17  programs in early childhood-special education or other 
 43.18  preparation programs in early childhood intervention, at least 
 43.19  one representative of advocacy organizations for children with 
 43.20  disabilities under age five, one physician who cares for young 
 43.21  children with special health care needs, one representative each 
 43.22  from the commissioners of commerce, children, families, and 
 43.23  learning, health, human services, a representative from the 
 43.24  state agency responsible for child care, and a representative 
 43.25  from Indian health services or a tribal council.  Section 
 43.26  15.059, subdivisions 2 to 5, apply to the council.  The council 
 43.27  must meet at least quarterly.  
 43.28     The council must address methods of implementing the state 
 43.29  policy of developing and implementing comprehensive, 
 43.30  coordinated, multidisciplinary interagency programs of early 
 43.31  intervention services for children with disabilities and their 
 43.32  families. 
 43.33     The duties of the council include recommending policies to 
 43.34  ensure a comprehensive and coordinated system of all state and 
 43.35  local agency services for children under age five with 
 43.36  disabilities and their families.  The policies must address how 
 44.1   to incorporate each agency's services into a unified state and 
 44.2   local system of multidisciplinary assessment practices, 
 44.3   individual intervention plans, comprehensive systems to find 
 44.4   children in need of services, methods to improve public 
 44.5   awareness, and assistance in determining the role of interagency 
 44.6   early intervention committees.  
 44.7      By September 1, the council must recommend to the governor 
 44.8   and the commissioners of children, families, and learning, 
 44.9   health, human services, commerce, and economic security policies 
 44.10  for a comprehensive and coordinated system. 
 44.11     Notwithstanding any other law to the contrary, the state 
 44.12  interagency coordinating council expires on June 30, 2003 2005.  
 44.13     Sec. 25.  Minnesota Statutes 2002, section 125A.30, is 
 44.14  amended to read: 
 44.15     125A.30 [INTERAGENCY EARLY INTERVENTION COMMITTEES.] 
 44.16     (a) A school district, group of districts, or special 
 44.17  education cooperative, in cooperation with the health and human 
 44.18  service agencies located in the county or counties in which the 
 44.19  district or cooperative is located, must establish an 
 44.20  interagency early intervention committee for children with 
 44.21  disabilities under age five and their families under this 
 44.22  section, and for children with disabilities ages three to 22 
 44.23  consistent with the requirements under sections 125A.023 and 
 44.24  125A.027.  Committees must include representatives of local and 
 44.25  regional health, education, and county human service agencies, 
 44.26  county boards, school boards, early childhood family education 
 44.27  programs, Head Start, parents of young children with 
 44.28  disabilities under age 12, child care resource and referral 
 44.29  agencies, school readiness programs, current service providers, 
 44.30  and may also include representatives from other private or 
 44.31  public agencies and school nurses.  The committee must elect a 
 44.32  chair from among its members and must meet at least quarterly. 
 44.33     (b) The committee must develop and implement interagency 
 44.34  policies and procedures concerning the following ongoing duties: 
 44.35     (1) develop public awareness systems designed to inform 
 44.36  potential recipient families of available programs and services; 
 45.1      (2) implement interagency child find systems designed to 
 45.2   actively seek out, identify, and refer infants and young 
 45.3   children with, or at risk of, disabilities and their families; 
 45.4      (3) establish and evaluate the identification, referral, 
 45.5   child and family assessment systems, procedural safeguard 
 45.6   process, and community learning systems to recommend, where 
 45.7   necessary, alterations and improvements; 
 45.8      (4) assure the development of individualized family service 
 45.9   plans for all eligible infants and toddlers with disabilities 
 45.10  from birth through age two, and their families, and individual 
 45.11  education plans and individual service plans when necessary to 
 45.12  appropriately serve children with disabilities, age three and 
 45.13  older, and their families and recommend assignment of financial 
 45.14  responsibilities to the appropriate agencies; 
 45.15     (5) encourage agencies to develop individual family service 
 45.16  plans for children with disabilities, age three and older; 
 45.17     (6) implement a process for assuring that services involve 
 45.18  cooperating agencies at all steps leading to individualized 
 45.19  programs; 
 45.20     (7) facilitate the development of a transitional plan if a 
 45.21  service provider is not recommended to continue to provide 
 45.22  services; 
 45.23     (8) identify the current services and funding being 
 45.24  provided within the community for children with disabilities 
 45.25  under age five and their families; 
 45.26     (9) develop a plan for the allocation and expenditure of 
 45.27  additional state and federal early intervention funds under 
 45.28  United States Code, title 20, section 1471 et seq.  (Part H, 
 45.29  Public Law Number 102-119) and United States Code, title 20, 
 45.30  section 631, et seq. (Chapter I, Public Law Number 89-313); and 
 45.31     (10) develop a policy that is consistent with section 
 45.32  13.05, subdivision 9, and federal law to enable a member of an 
 45.33  interagency early intervention committee to allow another member 
 45.34  access to data classified as not public. 
 45.35     (c) The local committee shall also: 
 45.36     (1) participate in needs assessments and program planning 
 46.1   activities conducted by local social service, health and 
 46.2   education agencies for young children with disabilities and 
 46.3   their families; and 
 46.4      (2) review and comment on the early intervention section of 
 46.5   the total special education system for the district, the county 
 46.6   social service plan, the section or sections of the community 
 46.7   health services plan that address needs of and service 
 46.8   activities targeted to children with special health care 
 46.9   needs, the section on children with special needs in the county 
 46.10  child care fund plan, sections in Head Start plans on 
 46.11  coordinated planning and services for children with special 
 46.12  needs, any relevant portions of early childhood education plans, 
 46.13  such as early childhood family education or school readiness, or 
 46.14  other applicable coordinated school and community plans for 
 46.15  early childhood programs and services, and the section of the 
 46.16  maternal and child health special project grants that address 
 46.17  needs of and service activities targeted to children with 
 46.18  chronic illness and disabilities. 
 46.19     Sec. 26.  Minnesota Statutes 2002, section 256.046, 
 46.20  subdivision 1, is amended to read: 
 46.21     Subdivision 1.  [HEARING AUTHORITY.] A local agency must 
 46.22  initiate an administrative fraud disqualification hearing for 
 46.23  individuals accused of wrongfully obtaining assistance or 
 46.24  intentional program violations, in lieu of a criminal action 
 46.25  when it has not been pursued, in the aid to families with 
 46.26  dependent children program formerly codified in sections 256.72 
 46.27  to 256.87, MFIP, child care assistance programs, general 
 46.28  assistance, family general assistance program formerly codified 
 46.29  in section 256D.05, subdivision 1, clause (15), Minnesota 
 46.30  supplemental aid, medical care, or food stamp programs.  The 
 46.31  hearing is subject to the requirements of section 256.045 and 
 46.32  the requirements in Code of Federal Regulations, title 7, 
 46.33  section 273.16, for the food stamp program and title 45, section 
 46.34  235.112, as of September 30, 1995, for the cash grant, child 
 46.35  care assistance administered under chapter 119B, and medical 
 46.36  care programs. 
 47.1      Sec. 27.  Minnesota Statutes 2002, section 256.0471, 
 47.2   subdivision 1, is amended to read: 
 47.3      Subdivision 1.  [QUALIFYING OVERPAYMENT.] Any overpayment 
 47.4   for assistance granted under section 119B.05 chapter 119B, the 
 47.5   MFIP program formerly codified under sections 256.031 to 
 47.6   256.0361, and the AFDC program formerly codified under sections 
 47.7   256.72 to 256.871; chapters 256B, 256D, 256I, 256J, and 256K; 
 47.8   and the food stamp program, except agency error claims, become a 
 47.9   judgment by operation of law 90 days after the notice of 
 47.10  overpayment is personally served upon the recipient in a manner 
 47.11  that is sufficient under rule 4.03(a) of the Rules of Civil 
 47.12  Procedure for district courts, or by certified mail, return 
 47.13  receipt requested.  This judgment shall be entitled to full 
 47.14  faith and credit in this and any other state. 
 47.15     Sec. 28.  Minnesota Statutes 2002, section 256.98, 
 47.16  subdivision 8, is amended to read: 
 47.17     Subd. 8.  [DISQUALIFICATION FROM PROGRAM.] (a) Any person 
 47.18  found to be guilty of wrongfully obtaining assistance by a 
 47.19  federal or state court or by an administrative hearing 
 47.20  determination, or waiver thereof, through a disqualification 
 47.21  consent agreement, or as part of any approved diversion plan 
 47.22  under section 401.065, or any court-ordered stay which carries 
 47.23  with it any probationary or other conditions, in the Minnesota 
 47.24  family investment program, the food stamp program, the general 
 47.25  assistance program, the group residential housing program, or 
 47.26  the Minnesota supplemental aid program shall be disqualified 
 47.27  from that program.  In addition, any person disqualified from 
 47.28  the Minnesota family investment program shall also be 
 47.29  disqualified from the food stamp program.  The needs of that 
 47.30  individual shall not be taken into consideration in determining 
 47.31  the grant level for that assistance unit:  
 47.32     (1) for one year after the first offense; 
 47.33     (2) for two years after the second offense; and 
 47.34     (3) permanently after the third or subsequent offense.  
 47.35     The period of program disqualification shall begin on the 
 47.36  date stipulated on the advance notice of disqualification 
 48.1   without possibility of postponement for administrative stay or 
 48.2   administrative hearing and shall continue through completion 
 48.3   unless and until the findings upon which the sanctions were 
 48.4   imposed are reversed by a court of competent jurisdiction.  The 
 48.5   period for which sanctions are imposed is not subject to 
 48.6   review.  The sanctions provided under this subdivision are in 
 48.7   addition to, and not in substitution for, any other sanctions 
 48.8   that may be provided for by law for the offense involved.  A 
 48.9   disqualification established through hearing or waiver shall 
 48.10  result in the disqualification period beginning immediately 
 48.11  unless the person has become otherwise ineligible for 
 48.12  assistance.  If the person is ineligible for assistance, the 
 48.13  disqualification period begins when the person again meets the 
 48.14  eligibility criteria of the program from which they were 
 48.15  disqualified and makes application for that program. 
 48.16     (b) A family receiving assistance through child care 
 48.17  assistance programs under chapter 119B with a family member who 
 48.18  is found to be guilty of wrongfully obtaining child care 
 48.19  assistance by a federal court, state court, or an administrative 
 48.20  hearing determination or waiver, through a disqualification 
 48.21  consent agreement, as part of an approved diversion plan under 
 48.22  section 401.065, or a court-ordered stay with probationary or 
 48.23  other conditions, is disqualified from child care assistance 
 48.24  programs.  The disqualifications must be for periods of three 
 48.25  months, six months, and two years for the first, second, and 
 48.26  third offenses respectively.  Subsequent violations must result 
 48.27  in permanent disqualification.  During the disqualification 
 48.28  period, disqualification from any child care program must extend 
 48.29  to all child care programs and must be immediately applied. 
 48.30     (c) A provider caring for children receiving assistance 
 48.31  through child care assistance programs under chapter 119B is 
 48.32  disqualified from receiving payment for child care services from 
 48.33  the child care assistance program under chapter 119B when the 
 48.34  provider is found to have wrongfully obtained child care 
 48.35  assistance by a federal court, state court, or an administrative 
 48.36  hearing determination or waiver under section 256.046, through a 
 49.1   disqualification consent agreement, as part of an approved 
 49.2   diversion plan under section 401.065, or a court-ordered stay 
 49.3   with probationary or other conditions.  The disqualification 
 49.4   must be for a period of one year for the first offense and two 
 49.5   years for the second offense.  Any subsequent violation must 
 49.6   result in permanent disqualification.  The disqualification 
 49.7   period must be imposed immediately after a determination is made 
 49.8   under this paragraph.  During the disqualification period, the 
 49.9   provider is disqualified from receiving payment from any child 
 49.10  care program under chapter 119B. 
 49.11     Sec. 29.  [REPEALER.] 
 49.12     Minnesota Statutes 2002, sections 119A.08; 119A.15, 
 49.13  subdivision 5a; 125A.47; and 144.401, subdivision 5, are 
 49.14  repealed.  Laws 2001, First Special Session chapter 3, article 
 49.15  1, section 16, is repealed.