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SF 3035

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

Current Version - as introduced

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A bill for an act
relating to education; providing for early childhood and family education
including self-sufficiency and lifelong learning; amending Minnesota Statutes
2004, sections 119A.50, subdivision 1; 119A.52; 119A.53; 119A.545; 124D.518,
subdivision 4; 124D.52, subdivision 1; Laws 2005, First Special Session chapter
5, article 7, section 20, subdivision 5; proposing coding for new law in Minnesota
Statutes, chapter 119A; repealing Minnesota Statutes 2004, section 119A.51.

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

ARTICLE 1

SELF-SUFFICIENCY AND LIFELONG LEARNING

Section 1.

Minnesota Statutes 2004, section 124D.518, subdivision 4, is amended to
read:


Subd. 4.

First prior program year.

"First prior program year" means the deleted text begin period
from May 1 of the second prior fiscal year through April 30 of the first prior fiscal year
deleted text end new text begin
specific time period defined by the commissioner that aligns to a program academic year
new text end .

Sec. 2.

Minnesota Statutes 2004, section 124D.52, subdivision 1, is amended to read:


Subdivision 1.

Program requirements.

(a) An adult basic education program is a
day or evening program offered by a district that is for people over 16 years of age who do
not attend an elementary or secondary school. The program offers academic instruction
necessary to earn a high school diploma or equivalency certificate.

(b) Notwithstanding any law to the contrary, a school board or the governing body of
a consortium offering an adult basic education program may adopt a sliding fee schedule
based on a family's income, but must waive the fee for participants who are under the
age of 21 or unable to pay. The fees charged must be designed to enable individuals of
all socioeconomic levels to participate in the program. A program may charge a security
deposit to assure return of materials, supplies, and equipment.

(c) Each approved adult basic education program must develop a memorandum of
understanding with the local workforce development centers located in the approved
program's service delivery area. The memorandum of understanding must describe how
the adult basic education program and the workforce development centers will cooperate
and coordinate services to provide unduplicated, efficient, and effective services to clients.

(d) Adult basic education aid must be spent for adult basic education purposes as
specified in sections 124D.518 to 124D.531.

new text begin (e) A state-approved adult basic education program must count and submit student
contact hours for a program that offers high school credit toward an adult high school
diploma according to student eligibility requirements and competency demonstration
requirements established by the commissioner.
new text end

ARTICLE 2

EARLY CHILDHOOD EDUCATION

Section 1.

Minnesota Statutes 2004, section 119A.50, subdivision 1, is amended to read:


Subdivision 1.

Department of Education.

The Department of Education is the
state agency responsible for administering the Head Start program. The commissioner
of education deleted text begin may make grantsdeleted text end new text begin shall allocate funds according to the formula in section
119A.52
new text end to public or private nonprofit agencies for the purpose of providing supplemental
funds for the federal Head Start program.

Sec. 2.

Minnesota Statutes 2004, section 119A.52, is amended to read:


119A.52 DISTRIBUTION OF APPROPRIATION deleted text begin AND PROGRAM
COORDINATION
deleted text end .

The commissioner of education must distribute money appropriated for that purpose
to new text begin federally designated new text end Head Start deleted text begin program granteesdeleted text end new text begin programs new text end to expand services and to
serve additional low-income children. deleted text begin Money must be allocated to each project Head Start
grantee in existence on the effective date of Laws 1989, chapter 282.
deleted text end Migrant and Indian
reservation deleted text begin granteesdeleted text end new text begin programs new text end must be initially allocated money based on the deleted text begin grantees'deleted text end
new text begin programs' new text end share of federal funds. The remaining money must be initially allocated to the
remaining local agencies based equally on the agencies' share of federal funds and on the
proportion of eligible children in the agencies' service area who are not currently being
served. A Head Start grantee must be funded at a per child rate equal to its contracted,
federally funded base level deleted text begin for program accounts 20, 22, and 25deleted text end at the start of the fiscal
year. In allocating funds under this paragraph, the commissioner of education must assure
that each Head Start deleted text begin granteedeleted text end new text begin program in existence in 1993 new text end is allocated no less funding
in any fiscal year than was allocated to that deleted text begin granteedeleted text end new text begin program new text end in fiscal year 1993. deleted text begin The
commissioner may provide additional funding to grantees for start-up costs incurred by
grantees due to the increased number of children to be served.
deleted text end Before paying money to
the deleted text begin granteesdeleted text end new text begin programsnew text end , the commissioner must notify each deleted text begin granteedeleted text end new text begin program new text end of its initial
allocation, how the money must be used, and the number of low-income children deleted text begin that
must
deleted text end new text begin to new text end be served with the allocationnew text begin based upon the federally funded per child ratenew text end .
Each deleted text begin granteedeleted text end new text begin program new text end must present a deleted text begin workdeleted text end plan deleted text begin to the commissioner for approval. The
work plan must include the estimated number of low-income children and families it will
be able to serve, a description of the program design and service delivery area which
meets the needs of and encourages access by low-income working families, a program
design that ensures fair and equitable access to Head Start services for all populations and
parts of the service area, and a plan for coordinating services to maximize assistance
for child care costs available to families under chapter 119B.
deleted text end new text begin under section 119A.535.
new text end For any grantee that cannot utilize its full allocation, the commissioner must reduce the
allocation proportionately. Money available after the initial allocations are reduced must
be redistributed to eligible grantees.

Sec. 3.

Minnesota Statutes 2004, section 119A.53, is amended to read:


119A.53 FEDERAL REQUIREMENTS.

deleted text begin Granteesdeleted text end new text begin Programs new text end and the commissioner shall comply with federal regulations
governing the federal Head Start program, except for funding for innovative initiatives
under section , which may be used to
operate differently than federal Head Start regulations. If a state statute or rule conflicts
with a federal statute or regulation, the state statute or rule prevails.

Sec. 4.

new text begin [119A.535] APPLICATION REQUIREMENTS.
new text end

new text begin Eligible Head Start organizations must submit a plan to the department for approval
on a form and in the manner prescribed by the commissioner. The plan must include:
new text end

new text begin (1) the estimated number of low-income children and families the program will be
able to serve;
new text end

new text begin (2) a description of the program design and service delivery area which meets the
needs of and encourages access by low-income working families;
new text end

new text begin (3) a program design that ensures fair and equitable access to Head Start services for
all populations and parts of the service area;
new text end

new text begin (4) a plan for coordinating services to maximize assistance for child care costs
available to families under chapter 119B; and
new text end

new text begin (5) identification of regular Head Start, early Head Start, and innovative services
based upon demonstrated needs to be provided.
new text end

Sec. 5.

Minnesota Statutes 2004, section 119A.545, is amended to read:


119A.545 AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER
PERIODS.

The commissioner of education may waive requirements under sections 119A.50
to deleted text begin 119A.53deleted text end new text begin 119A.535new text end , for up to nine months after the disaster, for Head Start deleted text begin granteesdeleted text end
new text begin programs new text end in areas where a federal disaster has been declared under United States Code,
title 42, section 5121, et seq., or the governor has exercised authority under chapter 12.
The commissioner shall notify the chairs of the new text begin appropriate new text end senate deleted text begin Family and Early
Childhood Education Budget Division, the senate Education Finance Committee, the
deleted text end new text begin and
new text end house deleted text begin Family and Early Childhood Education Finance Division, the house Education
Committee, and the house Ways and Means Committee
deleted text end new text begin committees new text end ten days before the
effective date of any waiver granted under this section.

Sec. 6.

Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision 5,
is amended to read:



Subd. 5. Head Start program. For Head Start programs under Minnesota Statutes,
section 119A.52:


$
19,100,000
.....
2006
$
19,100,000
.....
2007

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 119A.51, new text end new text begin is repealed.
new text end