SF 2811

as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2014 09:41am

A bill for an act
relating to education; removing redundant, obsolete, and superseded provisions;
making miscellaneous corrections to statutes; amending Minnesota Statutes
2012, sections 120A.22, subdivision 2; 120A.32; 121A.36; 122A.09, subdivision
7; 124D.141, subdivisions 2, 3; 127A.41, subdivision 7; repealing Minnesota
Statutes 2012, sections 119A.04, subdivision 3; 119A.08; 120A.30; 120B.19;
120B.24; 121A.17, subdivision 9; 122A.52; 122A.53; 122A.61, subdivision 2;
122A.71; 124D.24; 124D.25; 124D.26; 124D.27; 124D.28; 124D.29; 124D.30;
124D.31.

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

ARTICLE 1

UNSESSION CHANGES

Section 1.

Minnesota Statutes 2012, section 121A.36, is amended to read:

121A.36 MOTORCYCLE SAFETY EDUCATION PROGRAM.

Subdivision 1.

Established; administration; rules.

A motorcycle safety education
program is established. The program shall be administered by the commissioners of
public safety deleted text begin and education deleted text end . The program shall include but is not limited to training and
coordination of motorcycle safety instructors, motorcycle safety promotion and public
information, and reimbursement for the cost of approved courses offered by schools
and organizations.

Subd. 2.

Reimbursements.

The commissioner of deleted text begin education deleted text end new text begin public safety new text end , to the
extent that funds are available, may reimburse schools and other approved organizations
offering approved motorcycle safety education courses for up to 50 percent of the actual
cost of the courses. If sufficient funds are not available, reimbursements shall be prorated.
The commissioner may conduct audits and otherwise examine the records and accounts of
schools and approved organizations offering the courses to insure the accuracy of the costs.

Subd. 3.

Appropriation.

(a) All funds in the motorcycle safety fund created by
section 171.06, subdivision 2a, are hereby annually appropriated to the commissioner of
public safety to carry out the purposes of subdivisions 1 and 2. deleted text begin The commissioner of
public safety may make grants from the fund to the commissioner of education at such
times and in such amounts as the commissioner deems necessary to carry out the purposes
of subdivisions 1 and 2.
deleted text end

(b) Of the money appropriated under paragraph (a):

(1) not more than five percent shall be expended to defray the administrative costs
of carrying out the purposes of subdivisions 1 and 2; and

(2) not more than 65 percent shall be expended for the combined purpose of
training and coordinating the activities of motorcycle safety instructors and making
reimbursements to schools and other approved organizations.

Sec. 2.

Minnesota Statutes 2012, section 124D.141, subdivision 2, is amended to read:

Subd. 2.

Additional duties.

The following duties are added to those assigned
to the council under federal law:

(1) make recommendations on the most efficient and effective way to leverage state
and federal funding streams for early childhood and child care programs;

deleted text begin (2) make recommendations on how to coordinate or colocate early childhood and
child care programs in one state Office of Early Learning. The council shall establish a task
force to develop these recommendations. The task force shall include two nonexecutive
branch or nonlegislative branch representatives from the council; six representatives from
the early childhood caucus; two representatives each from the Departments of Education,
Human Services, and Health; one representative each from a local public health agency, a
local county human services agency, and a school district; and two representatives from
the private nonprofit organizations that support early childhood programs in Minnesota.
In developing recommendations in coordination with existing efforts of the council, the
task force shall consider how to:
deleted text end

deleted text begin (i) consolidate and coordinate resources and public funding streams for early
childhood education and child care, and ensure the accountability and coordinated
development of all early childhood education and child care services to children from birth
to kindergarten entrance;
deleted text end

deleted text begin (ii) create a seamless transition from early childhood programs to kindergarten;
deleted text end

deleted text begin (iii) encourage family choice by ensuring a mixed system of high-quality public and
private programs, with local points of entry, staffed by well-qualified professionals;
deleted text end

deleted text begin (iv) ensure parents a decisive role in the planning, operation, and evaluation of
programs that aid families in the care of children;
deleted text end

deleted text begin (v) provide consumer education and accessibility to early childhood education
and child care resources;
deleted text end

deleted text begin (vi) advance the quality of early childhood education and child care programs in order
to support the healthy development of children and preparation for their success in school;
deleted text end

deleted text begin (vii) develop a seamless service delivery system with local points of entry for early
childhood education and child care programs administered by local, state, and federal
agencies;
deleted text end

deleted text begin (viii) ensure effective collaboration between state and local child welfare programs
and early childhood mental health programs and the Office of Early Learning;
deleted text end

deleted text begin (ix) develop and manage an effective data collection system to support the necessary
functions of a coordinated system of early childhood education and child care in order to
enable accurate evaluation of its impact;
deleted text end

deleted text begin (x) respect and be sensitive to family values and cultural heritage; and
deleted text end

deleted text begin (xi) establish the administrative framework for and promote the development of
early childhood education and child care services in order to provide that these services,
staffed by well-qualified professionals, are available in every community for all families
that express a need for them.
deleted text end

deleted text begin In addition, the task force must consider the following responsibilities for transfer
to the Office of Early Learning:
deleted text end

deleted text begin (A) responsibilities of the commissioner of education for early childhood education
programs and financing under sections 119A.50 to 119A.535, 121A.16 to 121A.19, and
124D.129 to 124D.2211;
deleted text end

deleted text begin (B) responsibilities of the commissioner of human services for child care assistance,
child care development, and early childhood learning and child protection facilities
programs and financing under chapter 119B and section 256E.37; and
deleted text end

deleted text begin (C) responsibilities of the commissioner of health for family home visiting programs
and financing under section 145A.17.
deleted text end

deleted text begin Any costs incurred by the council in making these recommendations must be paid
from private funds. If no private funds are received, the council must not proceed in
making these recommendations. The council must report its recommendations to the
governor and the legislature by January 15, 2011;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end review program evaluations regarding high-quality early childhood programs;
new text begin and
new text end

deleted text begin (4) deleted text end new text begin (3) new text end make recommendations to the governor and legislature, including proposed
legislation on how to most effectively create a high-quality early childhood system in
Minnesota in order to improve the educational outcomes of children so that all children
are school-ready by 2020 deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (5) make recommendations to the governor and the legislature by March 1, 2011, on
the creation and implementation of a statewide school readiness report card to monitor
progress toward the goal of having all children ready for kindergarten by the year 2020.
The recommendations shall include what should be measured including both children and
system indicators, what benchmarks should be established to measure state progress
toward the goal, and how frequently the report card should be published. In making their
recommendations, the council shall consider the indicators and strategies for Minnesota's
early childhood system report, the Minnesota school readiness study, developmental
assessment at kindergarten entrance, and the work of the council's accountability
committee. Any costs incurred by the council in making these recommendations must be
paid from private funds. If no private funds are received, the council must not proceed in
making these recommendations; and
deleted text end

deleted text begin (6) make recommendations to the governor and the legislature on how to screen
earlier and comprehensively assess children for school readiness in order to provide
increased early interventions and increase the number of children ready for kindergarten.
In formulating their recommendations, the council shall consider (i) ways to interface
with parents of children who are not participating in early childhood education or care
programs, (ii) ways to interface with family child care providers, child care centers, and
school-based early childhood and Head Start programs, (iii) if there are age-appropriate
and culturally sensitive screening and assessment tools for three-, four-, and five-year-olds,
(iv) the role of the medical community in screening, (v) incentives for parents to have
children screened at an earlier age, (vi) incentives for early education and care providers
to comprehensively assess children in order to improve instructional practice, (vii) how to
phase in increases in screening and assessment over time, (viii) how the screening and
assessment data will be collected and used and who will have access to the data, (ix)
how to monitor progress toward the goal of having 50 percent of three-year-old children
screened and 50 percent of entering kindergarteners assessed for school readiness by 2015
and 100 percent of three-year-old children screened and entering kindergarteners assessed
for school readiness by 2020, and (x) costs to meet these benchmarks. The council shall
consider the screening instruments and comprehensive assessment tools used in Minnesota
early childhood education and care programs and kindergarten. The council may survey
early childhood education and care programs in the state to determine the screening and
assessment tools being used or rely on previously collected survey data, if available. For
purposes of this subdivision, "school readiness" is defined as the child's skills, knowledge,
and behaviors at kindergarten entrance in these areas of child development: social;
self-regulation; cognitive, including language, literacy, and mathematical thinking; and
physical. For purposes of this subdivision, "screening" is defined as the activities used to
identify a child who may need further evaluation to determine delay in development or
disability. For purposes of this subdivision, "assessment" is defined as the activities used
to determine a child's level of performance in order to promote the child's learning and
development. Work on this duty will begin in fiscal year 2012. Any costs incurred by the
council in making these recommendations must be paid from private funds. If no private
funds are received, the council must not proceed in making these recommendations. The
council must report its recommendations to the governor and legislature by January 15,
2013, with an interim report on February 15, 2011.
deleted text end

Sec. 3.

Minnesota Statutes 2012, section 124D.141, subdivision 3, is amended to read:

Subd. 3.

Administration.

deleted text begin An amount up to $12,500 from federal child care and
development fund administrative funds and up to $12,500 from prekindergarten exploratory
project funds appropriated under Laws 2007, chapter 147, article 19, section 3, may be
used to reimburse the parents on the council and for technical assistance and administrative
support of the State Advisory Council on Early Childhood Education and Care. This
funding stream is for fiscal year 2009. deleted text end The council may pursue additional funds from state,
federal, and private sources. deleted text begin If additional operational funds are received, the council must
reduce the amount of prekindergarten exploratory project funds used in an equal amount.
deleted text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 121A.36, as
section 171.335. The revisor of statutes shall also make cross-reference changes in
Minnesota Statutes and Minnesota Rules consistent with the renumbering.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 119A.04, subdivision 3; 119A.08; 120A.30;
120B.19; 120B.24; 121A.17, subdivision 9; 122A.52; 122A.53; 122A.61, subdivision
2; 122A.71; 124D.24; 124D.25; 124D.26; 124D.27; 124D.28; 124D.29; 124D.30; and
124D.31, new text end new text begin are repealed.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2012, section 120A.22, subdivision 2, is amended to read:

Subd. 2.

Applicability.

This section and sections 120A.24; 120A.26; deleted text begin 120A.30;
deleted text end 120A.32; and 120A.34 apply only to a child required to receive instruction according to
subdivision 5 and to instruction that is intended to fulfill that requirement.

Sec. 2.

Minnesota Statutes 2012, section 120A.32, is amended to read:

120A.32 OFFICERS, TEACHERS; NEGLECT OF DUTY; PENALTY.

Any school officer, truant officer, public or nonpublic school teacher, principal,
district superintendent, or person providing instruction other than a parent refusing,
willfully failing, or neglecting to perform any duty imposed by sections 120A.22 deleted text begin to
120A.30 deleted text end new text begin 120A.26 new text end , 120A.35, 120A.41, and 123B.03 is guilty of a misdemeanor. All
persons found guilty shall be punished for each offense by a fine of not more than $10 or
by imprisonment for not more than ten days. All fines, when collected, shall be paid into
the county treasury for the benefit of the school district in which the offense is committed.

Sec. 3.

Minnesota Statutes 2012, section 122A.09, subdivision 7, is amended to read:

Subd. 7.

Commissioner's assistance; board money.

The commissioner shall
provide all necessary materials and assistance for the transaction of the business of the
Board of Teaching and all moneys received by the Board of Teaching shall be paid into
the state treasury as provided by law. The expenses of administering sections 122A.01,
122A.05 to 122A.09, 122A.15, 122A.16, 122A.17, 122A.18, 122A.20, 122A.21, 122A.22,
122A.23, 122A.26, 122A.30, 122A.40, 122A.41, 122A.42, 122A.45, 122A.49, deleted text begin 122A.52,
122A.53, deleted text end 122A.54, 122A.55, 122A.56, 122A.57, and 122A.58 which are incurred by the
Board of Teaching shall be paid for from appropriations made to the Board of Teaching.

Sec. 4.

Minnesota Statutes 2012, section 127A.41, subdivision 7, is amended to read:

Subd. 7.

Schedule adjustments.

(a) It is the intention of the legislature to encourage
efficient and effective use of staff and facilities by districts. Districts are encouraged to
consider both cost and energy saving measures.

(b) Any district operating a program pursuant to sections 124D.12 to 124D.127 deleted text begin , deleted text end new text begin or
new text end 124D.128, deleted text begin or 124D.25 to 124D.29, deleted text end or operating a commissioner-designated area learning
center program under section 123A.09, or that otherwise receives the approval of the
commissioner to operate its instructional program to avoid an aid reduction in any year,
may adjust the annual school schedule for that program throughout the calendar year.