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SF 3445

as introduced - 89th Legislature (2015 - 2016) Posted on 04/05/2016 08:59am

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

Current Version - as introduced

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A bill for an act
relating to early childhood; creating the voluntary prekindergarten MinneK
program; expanding the age range for early learning scholarships; eliminating
the Head Start waiting list; encouraging additional home visiting opportunities;
creating education grants and loan forgiveness for certain prospective early
education teachers; appropriating money for early childhood learning and child
protection facilities; authorizing grants to be used to renovate facilities and
for school-based prekindergarten programs; authorizing the sale and issuance
of state bonds; appropriating money; requiring a report; amending Minnesota
Statutes 2014, sections 122A.09, by adding a subdivision; 122A.26, subdivision
2; 123B.92, by adding a subdivision; 124D.1158, subdivisions 3, 4; 124D.13,
subdivisions 4, 9, 12, by adding a subdivision; 124D.135, subdivisions 1, 6;
124D.15, subdivisions 1, 3, 3a, 15; 124D.165, as amended; 126C.10, subdivision
2d; 256E.37; Minnesota Statutes 2015 Supplement, sections 120A.41; 122A.415,
subdivision 1; 124D.59, subdivision 2; 124E.11; 126C.05, subdivision 1;
Laws 2015, First Special Session chapter 3, article 9, section 8, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapters 122A; 123B; 124D;
136A; repealing Minnesota Statutes 2014, section 136A.128, subdivision 3.

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

ARTICLE 1

VOLUNTARY HALF-DAY PREKINDERGARTEN

Section 1.

Minnesota Statutes 2015 Supplement, section 120A.41, is amended to read:


120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.

A school board's annual school calendar must include at least 425 hours of
instruction for a kindergarten student without a disability, 935 hours of instruction for a
student in grades 1 through 6, and 1,020 hours of instruction for a student in grades 7
through 12, not including summer school. The school calendar for all-day kindergarten
must include at least 850 hours of instruction for the school year. new text begin The school calendar for
prekindergarten, if offered by the district, must include at least 425 hours of instruction
for the school year.
new text end A school board's annual calendar must include at least 165 days of
instruction for a student in grades 1 through 11 unless a four-day week schedule has been
approved by the commissioner under section 124D.126.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and
later.
new text end

Sec. 2.

Minnesota Statutes 2014, section 122A.09, is amended by adding a subdivision
to read:


new text begin Subd. 9a. new text end

new text begin Prekindergarten early learning license; MinneK program. new text end

new text begin The Board
of Teaching must adopt rules establishing the licenses that qualify a teacher to teach in a
prekindergarten MinneK program under section 124D.171. The training and preparation
requirements for these qualifying licenses must emphasize play-based learning and must
prepare licensees to effectively implement MinneK program requirements.
new text end

Sec. 3.

Minnesota Statutes 2014, section 122A.26, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

A person who teaches in a community education program
which qualifies for aid pursuant to section 124D.52 shall continue to meet licensure
requirements as a teacher. A person who teaches in an early childhood and family
education program which is offered through a community education program and which
qualifies for community education aid pursuant to section 124D.20 or early childhood
and family education aid pursuant to section 124D.135 shall continue to meet licensure
requirements as a teacher. A person who teaches in a community education course which
is offered for credit for graduation to persons under 18 years of age shall continue to meet
licensure requirements as a teacher. A person who teaches a driver training course which
is offered through a community education program to persons under 18 years of age shall
be licensed by the Board of Teaching or be subject to section 171.35. deleted text begin A license which is
required for an instructor in a community education program pursuant to this subdivision
shall not be construed to bring an individual within the definition of a teacher for purposes
of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 4.

Minnesota Statutes 2015 Supplement, section 122A.415, subdivision 1, is
amended to read:


Subdivision 1.

Revenue amount.

(a) A school district, intermediate school district,
cooperative unit as defined in section 123A.24, subdivision 2, school site, or charter
school that meets the conditions of section 122A.414 and submits an application approved
by the commissioner is eligible for alternative teacher compensation revenue.

(b) For school district and intermediate school district applications, the commissioner
must consider only those applications to participate that are submitted jointly by a
district and the exclusive representative of the teachers. The application must contain an
alternative teacher professional pay system agreement that:

(1) implements an alternative teacher professional pay system consistent with
section 122A.414; and

(2) is negotiated and adopted according to the Public Employment Labor Relations
Act under chapter 179A, except that notwithstanding section 179A.20, subdivision 3, a
district may enter into a contract for a term of two or four years.

Alternative teacher compensation revenue for a qualifying school district or site in
which the school board and the exclusive representative of the teachers agree to place
teachers in the district or at the site on the alternative teacher professional pay system
equals deleted text begin $260deleted text end new text begin the alternative teacher compensation allowancenew text end times the number of pupils
enrolled at the district or site on October 1 of the previous fiscal year. new text begin The alternative
teacher compensation allowance equals $260 for fiscal years 2015 to 2018, $246 for fiscal
year 2019, and $244 for fiscal year 2020 and later.
new text end Alternative teacher compensation
revenue for a qualifying intermediate school district or cooperative must be calculated
under subdivision 4, paragraph (b).

(c) For a newly combined or consolidated district, the revenue shall be computed
using the sum of pupils enrolled on October 1 of the previous year in the districts entering
into the combination or consolidation. The commissioner may adjust the revenue computed
for a site using prior year data to reflect changes attributable to school closings, school
openings, or grade level reconfigurations between the prior year and the current year.

(d) The revenue is available only to school districts, intermediate school districts,
cooperatives, school sites, and charter schools that fully implement an alternative teacher
professional pay system by October 1 of the current school year.

Sec. 5.

new text begin [123B.635] SCHOOL FACILITIES IMPROVEMENT REVENUE.
new text end

new text begin Subdivision 1. new text end

new text begin School facilities improvement revenue uses. new text end

new text begin (a) A school district
may use its school facilities improvement revenue for:
new text end

new text begin (1) lease agreements for school facilities;
new text end

new text begin (2) facility modifications designed to enhance student and staff safety;
new text end

new text begin (3) facilities improvements;
new text end

new text begin (4) long-term facilities maintenance; and
new text end

new text begin (5) new construction of instructional space, not to exceed in size 20 percent of the
square footage of the previously existing building.
new text end

new text begin (b) A school district qualifies for revenue under this section only if the district is not
levying for building lease revenue under section 126C.40 for the same year.
new text end

new text begin Subd. 2. new text end

new text begin School facilities improvement revenue. new text end

new text begin (a) A school district's facilities
improvement revenue equals $212 times the district's adjusted pupil units for that year.
new text end

new text begin (b) A school district that is a member of an intermediate school district may include
in its revenue under this section an additional amount not to exceed $65 times the adjusted
pupil units of the member districts for school facilities improvement projects under
subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin School facilities improvement levy. new text end

new text begin A district's school facilities
improvement levy equals its school facilities improvement revenue times the lesser of one
or the ratio of its adjusted net tax capacity per adjusted pupil unit in the year preceding the
year the levy is certified to 125 percent of the state average adjusted net tax capacity per
adjusted pupil unit for the current school year.
new text end

new text begin Subd. 4. new text end

new text begin School facilities improvement aid. new text end

new text begin A district's school facilities
improvement aid equals the difference between its school facilities improvement revenue
and levy.
new text end

new text begin Subd. 5. new text end

new text begin Choice of revenue. new text end

new text begin A school district that receives revenue under this
section may not levy under section 126C.40 for the same school year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2017.
new text end

Sec. 6.

Minnesota Statutes 2014, section 123B.92, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Voluntary prekindergarten pupil transportation aid. new text end

new text begin (a) A school
district or charter school is eligible for prekindergarten pupil transportation aid equal to
the lesser of:
new text end

new text begin (1) its actual costs of transporting prekindergarten pupils to and from school during
the previous school year, including summer session transportation; or
new text end

new text begin (2) $200 times the number of prekindergarten pupils transported during the previous
year.
new text end

new text begin (b) For fiscal year 2018, the aid in paragraph (a) must be computed based on data
from the current school year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2018 and later.
new text end

Sec. 7.

Minnesota Statutes 2014, section 124D.1158, subdivision 3, is amended to read:


Subd. 3.

Program reimbursement.

Each school year, the state must reimburse
each participating school 30 cents for each reduced-price breakfast, 55 cents for each fully
paid breakfast served to students in grades 1 to 12, and $1.30 for each fully paid breakfast
served to a new text begin prekindergarten or new text end kindergarten student.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2018 and
later.
new text end

Sec. 8.

Minnesota Statutes 2014, section 124D.1158, subdivision 4, is amended to read:


Subd. 4.

No fees.

A school that receives school breakfast aid under this section must
make breakfast available without charge to all participating students in grades 1 to 12 who
qualify for free or reduced-price meals and to all new text begin prekindergarten or new text end kindergarten students.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2018 and
later.
new text end

Sec. 9.

Minnesota Statutes 2014, section 124D.13, subdivision 4, is amended to read:


Subd. 4.

Home visiting program.

A district that deleted text begin leviesdeleted text end new text begin receives revenuenew text end for home
visiting under section 124D.135, subdivision 6, shall use this revenue to include as part
of the early childhood family education programs a parent education component that is
designed to reach isolated or at-risk families.

The home visiting program must:

(1) incorporate evidence-informed parenting education practices designed to support
the healthy growth and development of children, with a priority focus on those children
who have high needs;

(2) establish clear objectives and protocols for home visits;

(3) encourage families to make a transition from home visits to site-based parenting
programs;

(4) provide program services that are community-based, accessible, and culturally
relevant;

(5) foster collaboration among existing agencies and community-based organizations
that serve young children and their families, such as public health evidence-based models
of home visiting and Head Start home visiting; and

(6) provide information about and assist in making arrangements for an early
childhood health and developmental screening when the child nears his or her third birthday.

The home visiting program should be provided by licensed parenting educators,
certified family life educators, deleted text begin ordeleted text end professionals with an equivalent license that reflect the
demographic composition of the community to the extent possiblenew text begin , or licensed classroom
teachers
new text end .

Sec. 10.

Minnesota Statutes 2014, section 124D.13, is amended by adding a
subdivision to read:


new text begin Subd. 4a. new text end

new text begin Digital home visiting. new text end

new text begin On a voluntary basis, a district may establish its
own digital home visiting program or participate in the department's digital home visiting
project that uses text messages, e-mails, and social media to provide families of young
children with links to early childhood family education curricula.
new text end

Sec. 11.

Minnesota Statutes 2014, section 124D.13, subdivision 9, is amended to read:


Subd. 9.

District advisory councils.

The board must appoint an advisory council
from the area in which the program is provided. A majority of the council must be parents
participating in the program, who represent the demographics of the community. The
district must ensure, to the extent possible, that the council includes representation of
families who are racially, culturally, linguistically, and economically diverse. The council
must assist the board in developing, planning, and monitoring the early childhood family
education program. The council must report to the board and the community education
advisory council.new text begin The council must review the district's home visiting plan at least every
other year in order for the district to receive funds under section 124D.135, subdivision 6.
new text end

Sec. 12.

Minnesota Statutes 2014, section 124D.13, subdivision 12, is amended to read:


Subd. 12.

Assistance.

The department must provide assistance to districts with
programs described in this section. new text begin The department may coordinate a voluntary digital
contact list consisting of the cell phone numbers and e-mail addresses of parents with
young children in order to provide information on early childhood family education
curricula. Any voluntary digital list created under this section is educational data under
section 13.32.
new text end The department must establish guidelines that list barriers to learning and
development affecting children served by early childhood family education programs.

Sec. 13.

Minnesota Statutes 2014, section 124D.135, subdivision 1, is amended to read:


Subdivision 1.

Revenue.

The revenue for early childhood family education
programs for a school district equals deleted text begin $120 for fiscal year 2014 anddeleted text end the formula allowance
for the year times 0.023 for fiscal year 2015 and later, times the greater of:

(1) 150; or

(2) the number of people under five years of age residing in the district on October 1
of the previous school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2018
and later.
new text end

Sec. 14.

Minnesota Statutes 2014, section 124D.135, subdivision 6, is amended to read:


Subd. 6.

Home visiting deleted text begin levydeleted text end new text begin revenuenew text end .

deleted text begin Adeleted text end new text begin (a) In addition to the revenue authorized in
subdivision 1, a school
new text end district that deleted text begin is eligible to levy for early childhood family education
under subdivision 3 and that
deleted text end enters into a collaborative agreement to provide education
services and social services to families with young children new text begin through a home visiting
program is eligible for state aid equal to $20 times the number of people under five years
of age residing in the district on October 1 of the previous school year and
new text end may levy an
amount deleted text begin equaldeleted text end new text begin notnew text end tonew text begin exceednew text end $1.60 times the number of people under five years of age
residing in the district on September 1 of the last school year. deleted text begin Levy revenue under this
subdivision must not be included as revenue under subdivision 1.
deleted text end The revenue must be
used for home visiting programs under section 124D.13, subdivision 4.

new text begin (b) A school district providing financial support for classroom teachers to provide
home visiting services must not supplant revenue used for that program with revenue
received under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2018
and later.
new text end

Sec. 15.

Minnesota Statutes 2014, section 124D.15, subdivision 1, is amended to read:


Subdivision 1.

Establishment; purpose.

A district or a group of districts may
establish a school readiness program for children age three to kindergarten entrance.
The purpose of a school readiness program is to prepare children to enter kindergarten.new text begin
A school district that participates in the prekindergarten MinneK program under section
124D.171 may modify its school readiness program to provide additional services to
students participating in the prekindergarten MinneK program.
new text end

Sec. 16.

Minnesota Statutes 2014, section 124D.15, subdivision 3, is amended to read:


Subd. 3.

Program requirements.

new text begin (a) new text end A school readiness program provider must:

(1) assess each child's cognitive and language skills with a comprehensive child
assessment instrument when the child enters and again before the child leaves the program
to improve program planning and implementation, communicate with parents, and
promote kindergarten readiness;

(2) provide comprehensive program content and intentional instructional practice
aligned with the state early childhood learning guidelines and kindergarten standards and
based on early childhood research and professional practice that is focused on children's
cognitive, social, emotional, and physical skills and development and prepares children
for the transition to kindergarten, including early literacy and language skills;

(3) coordinate appropriate kindergarten transition with parents and kindergarten
teachers;

(4) involve parents in program planning and decision making;

(5) coordinate with relevant community-based services;

(6) cooperate with adult basic education programs and other adult literacy programs;

(7) ensure staff-child ratios of one-to-ten and maximum group size of 20 children
with the first staff required to be a teacher; and

(8) have teachers knowledgeable in early childhood curriculum content, assessment,
native and English language development programs, and instruction.

new text begin (b) A school district offering a school readiness program in conjunction with a
prekindergarten MinneK program under section 124D.171 may coordinate the activities
required in paragraph (a) with its prekindergarten MinneK program.
new text end

Sec. 17.

Minnesota Statutes 2014, section 124D.15, subdivision 3a, is amended to read:


Subd. 3a.

Application and reporting requirements.

(a) new text begin Before receiving aid under
section 124D.16,
new text end a school readiness program provider must submit a biennial plan for
approval by the commissioner deleted text begin before receiving aid under section 124D.16deleted text end new text begin in the form and
manner and by the date established by the commissioner
new text end . The plan must describe how
the program meets the program requirements under subdivision 3. deleted text begin A school district by
April 1 must submit the plan for approval by the commissioner in the form and manner
prescribed by the commissioner. One-half the districts must first submit the plan by
April 1, 2006, and one-half the districts must first submit the plan by April 1, 2007, as
determined by the commissioner.
deleted text end

(b) Programs receiving school readiness funds annually must submit a report to
the department.

Sec. 18.

Minnesota Statutes 2014, section 124D.15, subdivision 15, is amended to read:


Subd. 15.

Eligibility.

deleted text begin Adeleted text end new text begin Any child enrolled in a prekindergarten MinneK program
may participate in a school readiness program and any other
new text end child is eligible to participate
in a school readiness program if the child:

(1) is at least three years old on September 1;

(2) has completed health and developmental screening within 90 days of program
enrollment under sections 121A.16 to 121A.19; and

(3) has one or more of the following risk factors:

(i) qualifies for free or reduced-price lunch;

(ii) is an English learner;

(iii) is homeless;

(iv) has an individualized education program (IEP) or an individual interagency
intervention plan (IIIP);

(v) is identified, through health and developmental screenings under sections
121A.16 to 121A.19, with a potential risk factor that may influence learning; or

(vi) is defined as at-risk by the school district.

Sec. 19.

Minnesota Statutes 2014, section 124D.165, as amended by Laws 2015, First
Special Session chapter 3, article 9, section 6, is amended to read:


124D.165 EARLY LEARNING SCHOLARSHIPS.

Subdivision 1.

Establishment; purpose.

There is established an early learning
scholarships program in order to increase access to high-quality early childhood programs
for children deleted text begin ages three todeleted text end new text begin under the age ofnew text end five.

Subd. 2.

Family eligibility.

(a) For a family to receive an early learning scholarship,
parents or guardians must meet the following eligibility requirements:

(1) have a child deleted text begin three or four years ofdeleted text end new text begin under thenew text end agenew text begin of fivenew text end on September 1 of the
current school year, who has not yet started kindergarten; and

(2) have income equal to or less than 185 percent of federal poverty level income
in the current calendar year, or be able to document their child's current participation in
the free and reduced-price lunch program or child and adult care food program, National
School Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food
Distribution Program on Indian Reservations, Food and Nutrition Act, United States
Code, title 7, sections 2011-2036; Head Start under the federal Improving Head Start for
School Readiness Act of 2007; Minnesota family investment program under chapter 256J;
child care assistance programs under chapter 119B; the supplemental nutrition assistance
program; or placement in foster care under section 260C.212.

(b) Notwithstanding the other provisions of this section, a parent under age 21 who
is pursuing a high school or general education equivalency diploma is eligible for an early
learning scholarship if the parent has a child age zero to five years old and meets the
income eligibility guidelines in this subdivision.

(c) Any siblings between the ages zero to five years old of a child who has been
awarded a scholarship under this section must be awarded a scholarship upon request,
provided the sibling attends the same program as long as funds are available.

(d) A child who has received a scholarship under this section must continue to
receive a scholarship each year until that child is eligible for kindergarten under section
120A.20 and as long as funds are available.

(e) Early learning scholarships may not be counted as earned income for the
purposes of medical assistance under chapter 256B, MinnesotaCare under chapter 256L,
Minnesota family investment program under chapter 256J, child care assistance programs
under chapter 119B, or Head Start under the federal Improving Head Start for School
Readiness Act of 2007.

(f) A child from an adjoining state whose family resides at a Minnesota address as
assigned by the United States Postal Service, who has received developmental screening
under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district,
and whose family meets the criteria of paragraph (a) is eligible for an early learning
scholarship under this section.

Subd. 3.

Administration.

(a) The commissioner shall establish application
timelines and determine the schedule for awarding scholarships that meets operational
needs of eligible families and programs. The commissioner may prioritize applications on
factors including family income, geographic location, and whether the child's family is on a
waiting list for a publicly funded program providing early education or child care services.

(b) deleted text begin For fiscal years 2014 and 2015 only, scholarships may not exceed $5,000 per year
for each eligible child.
deleted text end For fiscal year 2016 and later, the commissioner shall establish
a target for the average scholarship amount per child based on the results of the rate
survey conducted under section 119B.02.

(c) A four-star rated program that has children eligible for a scholarship enrolled
in or on a waiting list for a program beginning in July, August, or September may notify
the commissioner, in the form and manner prescribed by the commissioner, each year
of the program's desire to enhance program services or to serve more children than
current funding provides. The commissioner may designate a predetermined number of
scholarship slots for that program and notify the program of that number. Beginning July
1, 2016, a school district or Head Start program qualifying under this paragraph may
use its established registration process to enroll scholarship recipients and may verify a
scholarship recipient's family income in the same manner as for other program participants.

(d) A scholarship is awarded for a 12-month period. If the scholarship recipient has
not been accepted and subsequently enrolled in a rated program within ten months of the
awarding of the scholarship, the scholarship cancels and the recipient must reapply in
order to be eligible for another scholarship. A child may not be awarded more than one
scholarship in a 12-month period.

(e) A child who receives a scholarship who has not completed development
screening under sections 121A.16 to 121A.19 must complete that screening within 90
days of first attending an eligible program.

(f) For fiscal year 2017 and later, a school district or Head Start program enrolling
scholarship recipients under paragraph (c) may apply to the commissioner, in the form
and manner prescribed by the commissioner, for direct payment of state aid. Upon receipt
of the application, the commissioner must pay each program directly for each approved
scholarship recipient enrolled under paragraph (c) according to the metered payment
system or another schedule established by the commissioner.

Subd. 4.

Early childhood program eligibility.

(a) In order to be eligible to accept
an early learning scholarship, a program must:

(1) participate in the quality rating and improvement system under section
124D.142; and

(2) beginning July 1, 2016, have a three- or four-star rating in the quality rating
and improvement system.

(b) Any program accepting scholarships must use the revenue to supplement and not
supplant federal funding.

(c) Notwithstanding paragraph (a), all Minnesota early learning foundation
scholarship program pilot sites are eligible to accept an early learning scholarship under
this section.

Subd. 5.

Report required.

The commissioner shall contract with an independent
contractor to evaluate the early learning scholarship program. The evaluation must
include recommendations regarding the appropriate scholarship amount, efficiency, and
effectiveness of the administration, and impact on kindergarten readiness. By January
15, 2016, the commissioner shall submit a written copy of the evaluation to the chairs
and ranking minority members of the legislative committees and divisions with primary
jurisdiction over kindergarten through grade 12 education.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for early learning scholarships
awarded on or after July 1, 2017.
new text end

Sec. 20.

new text begin [124D.171] MINNEK PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Programs authorized. new text end

new text begin A school district or charter school may offer
a voluntary prekindergarten MinneK program for all four-year-old children.
new text end

new text begin Subd. 2. new text end

new text begin Program characteristics. new text end

new text begin (a) These high-quality, state-funded voluntary
prekindergarten MinneK programs must prepare children for kindergarten and meet the
following state prekindergarten criteria:
new text end

new text begin (1) provide compensatory instruction through play-based learning to foster
children's social and emotional development, cognitive development, physical and motor
development, and language and literacy skills, including the native language and literacy
skills of English learners;
new text end

new text begin (2) offer developmentally appropriate instructional content and child-centered
activities of sufficient length and intensity to address children's learning needs;
new text end

new text begin (3) use a formative measure to determine each child's cognitive and social skills
when entering and before leaving a program, literacy screening, and other state-approved
kindergarten entrance measures;
new text end

new text begin (4) limit a class size to 20 or fewer children;
new text end

new text begin (5) have a maximum ratio of ten children to one staff person in each class, and have
at least one staff person in each class as the teacher of record;
new text end

new text begin (6) have as the teacher of record a teacher licensed by the Board of Teaching and
trained in child development, early language and literacy development, early education
instruction, or native and English language development;
new text end

new text begin (7) support collaboration and planning among community-based agencies,
including community health and social service agencies, to ensure children's access to
comprehensive services;
new text end

new text begin (8) coordinate all relevant school programs and services, including special education,
homeless, and English learner programs and services;
new text end

new text begin (9) engage parents in culturally and linguistically responsive activities in
prekindergarten through grade 3;
new text end

new text begin (10) develop and implement curriculum, assessment, and instructional strategies
aligned with the state's prekindergarten through grade 3 early learning guidelines and
academic standards;
new text end

new text begin (11) include children with disabilities in the prekindergarten program; and
new text end

new text begin (12) coordinate professional development and training for school and
community-based early learning providers that includes adult-child interactions.
new text end

new text begin (b) A district must include in its world's best workforce plan a strategy to implement
and measure the impact of its state-funded voluntary prekindergarten MinneK program.
new text end

new text begin Subd. 3. new text end

new text begin Child eligibility. new text end

new text begin A child may participate in a prekindergarten MinneK
program if the child:
new text end

new text begin (1) is not yet in kindergarten and is four years old on September 1 of that school year;
new text end

new text begin (2) completes the early childhood health and development screening under sections
121A.16 to 121A.19 within 45 days of enrolling; and
new text end

new text begin (3) complies with the requirements of section 121A.15.
new text end

new text begin Subd. 4. new text end

new text begin Hours of instruction. new text end

new text begin A school board's annual school calendar for
prekindergarten must meet the minimum hours requirement in section 120A.41.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 21.

Minnesota Statutes 2015 Supplement, section 124D.59, subdivision 2, is
amended to read:


Subd. 2.

English learner.

(a) "English learner" means a pupil in deleted text begin kindergartendeleted text end new text begin
prekindergarten
new text end through grade 12 who meets the requirements under subdivision 2a or the
following requirements:

(1) the pupil, as declared by a parent or guardian first learned a language other than
English, comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English; and

(2) the pupil is determined by a valid assessment measuring the pupil's English
language proficiency and by developmentally appropriate measures, which might include
observations, teacher judgment, parent recommendations, or developmentally appropriate
assessment instruments, to lack the necessary English skills to participate fully in
academic classes taught in English.

(b) A pupil enrolled in a Minnesota public school in any grade 4 through 12 who in
the previous school year took a commissioner-provided assessment measuring the pupil's
emerging academic English, shall be counted as an English learner in calculating English
learner pupil units under section 126C.05, subdivision 17, and shall generate state English
learner aid under section 124D.65, subdivision 5, if the pupil scored below the state cutoff
score or is otherwise counted as a nonproficient participant on the assessment measuring
the pupil's emerging academic English, or, in the judgment of the pupil's classroom
teachers, consistent with section 124D.61, clause (1), the pupil is unable to demonstrate
academic language proficiency in English, including oral academic language, sufficient to
successfully and fully participate in the general core curriculum in the regular classroom.

(c) Notwithstanding paragraphs (a) and (b), a pupil in deleted text begin kindergartendeleted text end new text begin prekindergartennew text end
through grade 12 shall not be counted as an English learner in calculating English learner
pupil units under section 126C.05, subdivision 17, and shall not generate state English
learner aid under section 124D.65, subdivision 5, if:

(1) the pupil is not enrolled during the current fiscal year in an educational program
for English learners under sections 124D.58 to 124D.64; or

(2) the pupil has generated seven or more years of average daily membership new text begin in
kindergarten through grade 12
new text end in Minnesota public schools since July 1, 1996.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2018.
new text end

Sec. 22.

Minnesota Statutes 2015 Supplement, section 124E.11, is amended to read:


124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.

(a) A charter school may limit admission to:

(1) pupils within an age group or grade level;

(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or

(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.

(b) A charter school shall enroll an eligible pupil who submits a timely application,
unless the number of applications exceeds the capacity of a program, class, grade level, or
building. In this case, pupils must be accepted by lot. The charter school must develop
and publish, including on its Web site, a lottery policy and process that it must use when
accepting pupils by lot.

(c) A charter school shall give enrollment preference to a sibling of an enrolled
pupil and to a foster child of that pupil's parents and may give preference for enrolling
children of the school's staff before accepting other pupils by lot. A charter school that
is located in Duluth township in St. Louis County and admits students in kindergarten
through grade 6 must give enrollment preference to students residing within a five-mile
radius of the school and to the siblings of enrolled children. deleted text begin Adeleted text end new text begin If a charter school has a
preschool or prekindergarten program under section 124E.06, subdivision 3, paragraph
(a), that is free to all participants, the
new text end charter school may give enrollment preference to
children currently enrolled in the school's free preschool or prekindergarten program under
section 124E.06, subdivision 3, paragraph (a), who are eligible to enroll in kindergarten
in the next school year.

(d) A person shall not be admitted to a charter school (1) as a kindergarten pupil,
unless the pupil is at least five years of age on September 1 of the calendar year in which
the school year for which the pupil seeks admission commences; or (2) as a first grade
student, unless the pupil is at least six years of age on September 1 of the calendar year in
which the school year for which the pupil seeks admission commences or has completed
kindergarten; except that a charter school may establish and publish on its Web site a
policy for admission of selected pupils at an earlier age, consistent with the enrollment
process in paragraphs (b) and (c).

(e) Except as permitted in paragraph (d), a charter school may not limit admission
to pupils on the basis of intellectual ability, measures of achievement or aptitude, or
athletic ability and may not establish any criteria or requirements for admission that are
inconsistent with this section.

(f) The charter school shall not distribute any services or goods of value to students,
parents, or guardians as an inducement, term, or condition of enrolling a student in a
charter school.

(g) Once a student is enrolled in the school, the student is considered enrolled in the
school until the student formally withdraws or is expelled under the Pupil Fair Dismissal
Act in sections 121A.40 to 121A.56. A charter school is subject to and must comply with
the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56.

(h) A charter school with at least 90 percent of enrolled students who are eligible
for special education services and have a primary disability of deaf or hard-of-hearing
may enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1,
paragraph (a), and must comply with the federal Individuals with Disabilities Education Act
under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause (iv).

Sec. 23.

Minnesota Statutes 2015 Supplement, section 126C.05, subdivision 1, is
amended to read:


Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph
(c), in average daily membership enrolled in the district of residence, in another district
under sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school
under chapter 124E; or for whom the resident district pays tuition under section 123A.18,
123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04,
124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to this
subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individualized education program is counted as the ratio
of the number of hours of assessment and education service to 825 times 1.0 with a
minimum average daily membership of 0.28, but not more than 1.0 pupil unit.

(b) A prekindergarten pupil who is assessed but determined not to be disabled is
counted as the ratio of the number of hours of assessment service to 825 times 1.0.

(c) A kindergarten pupil with a disability who is enrolled in a program approved
by the commissioner is counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's individualized education
program to 875, but not more than one.

(d) new text begin A prekindergarten pupil who is not included in paragraph (a) or (b) is counted as
0.6 pupil unit if the pupil is enrolled in a free prekindergarten program available to all
prekindergarten pupils at the pupil's school that meets the minimum hours requirement in
section 120A.41 and the requirements in section 124D.171.
new text end

new text begin (e) new text end A kindergarten pupil who is not included in paragraph (c) is counted as 1.0 pupil
unit if the pupil is enrolled in a free all-day, every day kindergarten program available to
all kindergarten pupils at the pupil's school that meets the minimum hours requirement in
section 120A.41, or is counted as .55 pupil unit, if the pupil is not enrolled in a free all-day,
every day kindergarten program available to all kindergarten pupils at the pupil's school.

deleted text begin (e)deleted text end new text begin (f)new text end A pupil who is in any of grades 1 to 6 is counted as 1.0 pupil unit.

deleted text begin (f)deleted text end new text begin (g)new text end A pupil who is in any of grades 7 to 12 is counted as 1.2 pupil units.

deleted text begin (g)deleted text end new text begin (h)new text end A pupil who is in the postsecondary enrollment options program is counted
as 1.2 pupil units.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2018
and later.
new text end

Sec. 24.

Minnesota Statutes 2014, section 126C.10, subdivision 2d, is amended to read:


Subd. 2d.

Declining enrollment revenue.

(a) A school district's declining
enrollment revenue equals the greater of zero or the product of: (1) 28 percent of the
formula allowance for that year and (2) the difference between the adjusted pupil units for
the preceding year and the adjusted pupil units for the current year.

(b) Notwithstanding paragraph (a), for fiscal years 2015, 2016, and 2017 only, a pupil
enrolled at the Crosswinds school shall not generate declining enrollment revenue for the
district or charter school in which the pupil was last counted in average daily membership.

new text begin (c) Notwithstanding paragraph (a), for fiscal years 2018, 2019, and 2020 only,
prekindergarten pupil units under section 126C.05, subdivision 1, paragraph (d), must be
excluded from the calculation of declining enrollment revenue.
new text end

Sec. 25.

Laws 2015, First Special Session chapter 3, article 9, section 8, subdivision 4,
is amended to read:


Subd. 4.

Head Start program.

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

$
25,100,000
.....
2016
$
25,100,000
.....
2017

new text begin For fiscal year 2018 and later, the annual base budget for this program is $78,266,000.
new text end

Sec. 26. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Microgrants for digital home visiting. new text end

new text begin (a) For microgrants for digital
home visiting distribution of early childhood family education curricula:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2017
new text end

new text begin (b) The Department of Education may establish the form and manner for applicants
to apply for a microgrant. The department must consult with the Minnesota Early
Learning Council and the Minnesota Association for Family and Early Education before
awarding microgrants.
new text end

new text begin (c) To the extent possible, microgrants must be awarded to applicants throughout
Minnesota.
new text end

new text begin (d) Each microgrant must not exceed $........
new text end

new text begin Subd. 3. new text end

new text begin Management costs. new text end

new text begin For management costs for the Department of
Education and local early childhood family education programs to develop and maintain
databases in order to provide digital curricula to parents of young children:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2017
new text end

new text begin Subd. 4. new text end

new text begin Facilities aid. new text end

new text begin For facilities aid under Minnesota Statutes, section
123B.635:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2017
new text end

ARTICLE 2

HIGHER EDUCATION GRANTS AND LOAN FORGIVENESS

Section 1.

new text begin [122A.187] GRANTS TO DISTRICT EMPLOYEES FOR
PREKINDERGARTEN EARLY LEARNING TEACHING LICENSURE OR
EXPANSION.
new text end

new text begin Subdivision 1. new text end

new text begin Program establishment; requirements. new text end

new text begin (a) An annual grant
program is established to provide opportunities for district employees to attain:
new text end

new text begin (1) a prekindergarten early learning teaching license; or
new text end

new text begin (2) an additional subject area license in prekindergarten early learning.
new text end

new text begin (b) Grants under this section are available to district employees who are:
new text end

new text begin (1) education or teaching assistants or other nonlicensed district employees
interested in becoming licensed prekindergarten early learning teachers; or
new text end

new text begin (2) currently licensed classroom teachers interested in acquiring an additional
subject area license in prekindergarten early learning.
new text end

new text begin (c) All districts participating in this grant program must agree to support and monitor
the progress of each grant recipient and to provide the recipients with student teaching
opportunities, teacher mentoring, or other professional development opportunities, as
appropriate. District employees receiving grant funding must agree to work in the district
providing the funding for at least three school years after receiving a prekindergarten early
learning license; the agreement must establish consequences for grant recipients who fail
to complete the requisite three school years of work in the district but must not penalize a
grant recipient who is prevented by a district action from completing the requisite work.
new text end

new text begin Subd. 2. new text end

new text begin Program funding. new text end

new text begin (a) The commissioner shall make grants with
appropriations for this purpose to interested school districts on a first-come, first-served
basis until funds are expended. Districts receiving funding must use the funding to help
eligible individuals under subdivision 1 offset education costs, including tuition, textbooks,
and other instructional materials, or for compensation to allow these individuals to complete
student teaching requirements. The grant amount, excluding compensation, must not
exceed the grant recipient's actual program or course costs in a school term or year minus
any federal Pell grant or state grant the grant recipient is eligible to receive. Districts must
award grants annually on a first-come, first-served basis to the extent funding is available.
new text end

new text begin (b) To receive grant funding, eligible individuals must enroll and make satisfactory
progress in a teacher preparation or other academic program offered by a local or regional
postsecondary institution or program, and annually complete an application for federal
student aid.
new text end

new text begin (c) A district must recognize all credits earned under this program when placing a
teacher on the district's salary schedule.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning in fiscal year 2017.
new text end

Sec. 2.

new text begin [136A.1792] EARLY CHILDHOOD EDUCATOR LOAN FORGIVENESS
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Qualifying educational institution" means an institution of higher education that
had in effect at the time of an applicant's attendance a program participation agreement
under United States Code, title 20, chapter 28, subchapter IV, part F, section 1094.
new text end

new text begin (c) "Qualifying position" means being employed as a licensed teacher teaching in a
prekindergarten MinneK program under section 124D.171.
new text end

new text begin (d) "Qualifying student loan" means a government, commercial, or foundation loan
for actual costs paid for tuition and reasonable educational and living expenses related to
attending a qualifying educational institution.
new text end

new text begin (e) "Satisfactory academic progress" has the meaning given in section 136A.101,
subdivision 10.
new text end

new text begin Subd. 2. new text end

new text begin Program established. new text end

new text begin (a) The commissioner must establish and administer
a loan forgiveness program for early childhood educators.
new text end

new text begin (b) Appropriations made to the program do not cancel and are available until
expended.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin (a) To be eligible to receive loan forgiveness under this section,
an applicant must:
new text end

new text begin (1) be a Minnesota resident;
new text end

new text begin (2) have a qualifying student loan;
new text end

new text begin (3) have worked for a 12-month period in a qualifying position or positions; and
new text end

new text begin (4) have earned, or demonstrate satisfactory academic progress towards earning,
a license issued by the Board of Teaching that qualifies the applicant to teach in a
prekindergarten MinneK program under section 122A.09, subdivision 9a.
new text end

new text begin (b) An eligible applicant may receive one loan forgiveness award of the amount
specified in this section for each 12-month period the applicant works in a qualifying
position. An individual may receive no more than two loan forgiveness awards under
this section.
new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin (a) To be considered for a loan forgiveness award, an
applicant must apply in a form and manner specified by the commissioner.
new text end

new text begin (b) A participant must apply to the commissioner each year the participant wishes
to receive an award under this section. The application must include proof that the
participant has worked for a 12-month period in a qualifying position or positions.
new text end

new text begin Subd. 5. new text end

new text begin Amount of forgiveness. new text end

new text begin (a) The commissioner must provide a loan
forgiveness award to an eligible applicant on a funds-available basis, as provided in this
section.
new text end

new text begin (b) For each year of work a participant completes, the participant is eligible for a
loan forgiveness award equal to the lesser of:
new text end

new text begin (1) $5,000; or
new text end

new text begin (2) the remaining balance of a participant's qualifying student loans.
new text end

new text begin Subd. 6. new text end

new text begin Disbursement. new text end

new text begin The commissioner must disburse an award under this
section directly to the participant's student loan servicer or servicers.
new text end

new text begin Subd. 7. new text end

new text begin Fund established. new text end

new text begin An early childhood educator loan forgiveness fund is
created for depositing money appropriated to or received by the commissioner for the
program. Money deposited in the fund shall not revert to any state fund at the end of any
fiscal year but remains in the fund and is continuously available for loan forgiveness
under this section.
new text end

Sec. 3. new text begin INCREASED ACCESS TO TEACHER LICENSURE ACADEMIC
PROGRAMS; MINNESOTA STATE COLLEGES AND UNIVERSITIES.
new text end

new text begin (a) No later than the 2017-2018 academic year, the Board of Trustees of the Minnesota
State Colleges and Universities must design and implement a plan to increase the number
of students, including nontraditional and underrepresented students, who are admitted to
and complete an academic program leading to a license that qualifies an applicant to teach
in a prekindergarten MinneK program, consistent with section 122A.09, subdivision 9a.
new text end

new text begin (b) The Board of Trustees must consult with the Board of Teaching, the
commissioner of education, and other interested education stakeholders in developing
the plan. At a minimum, the plan must enhance enrollment options for part-time and
other nontraditional and underrepresented students and, if applicable, establish relevant
academic programs on campuses that do not currently offer them. The plan must also
include a process for waiver of any required tuition and fees for students enrolling in
relevant programs who demonstrate an unmet financial need.
new text end

new text begin (c) No later than January 15, 2017, the Board of Trustees must submit a report to
the legislative committees with jurisdiction over higher education finance and policy,
kindergarten through grade 12 education finance and policy, and early childhood education
policy on its progress in designing and implementing the plan. The report may also
describe any anticipated needs that cannot be met using existing campus resources.
new text end

new text begin (d) The Board of Regents of the University of Minnesota is requested to develop a
plan consistent with the requirements of paragraphs (a) and (b). No later than January
15, 2017, the Board of Regents must submit a report to the legislative committees with
jurisdiction over higher education finance and policy, kindergarten through grade 12
education finance and policy, and early childhood education policy on its progress in
designing and implementing the plan. The report may also describe any anticipated needs
that cannot be met using existing campus resources. If the board does not implement a
plan consistent with the requirements of paragraphs (a) and (b), the board must include in
its report an explanation for its decision not to implement such a plan.
new text end

Sec. 4. new text begin APPROPRIATION; PREKINDERGARTEN EARLY LEARNING
TEACHING LICENSE GRANTS.
new text end

new text begin (a) $....... in fiscal year 2017 is appropriated from the general fund to the
commissioner of education for individuals to attain a prekindergarten early learning
teaching license under Minnesota Statutes, section 122A.187.
new text end

new text begin (b) The base for this program in fiscal year 2018 and later is $........
new text end

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

new text begin Minnesota Statutes 2014, section 136A.128, subdivision 3, new text end new text begin is repealed.
new text end

ARTICLE 3

BONDING FOR EARLY CHILDHOOD FACILITIES

Section 1.

Minnesota Statutes 2014, section 256E.37, is amended to read:


256E.37 EARLY CHILDHOOD LEARNING AND CHILD PROTECTION
FACILITIES.

Subdivision 1.

Grant authority.

The commissioner may make grants to state
agencies and political subdivisions to constructnew text begin , renovate,new text end or rehabilitate facilities for
early childhood programs, crisis nurseries, or parenting time centers. The following
requirements apply:

(1) The facilities must be owned by the state or a political subdivision, but may
be leased under section 16A.695 to organizations that operate the programs. The
commissioner must prescribe the terms and conditions of the leases.

(2) A grant for an individual facility must not exceed $500,000 for each program
that is housed in the facility, up to a maximum of $2,000,000 for a facility that houses
three programs or more. Programs include new text begin school-based prekindergarten, new text end Head Start,
School Readiness, Early Childhood Family Education, licensed child care, and other early
childhood intervention programs.

(3) State appropriations must be matched on a 50 percent basis with nonstate funds.
The matching requirement must apply program wide and not to individual grants.

(4) At least 80 percent of grant funds must be distributed to facilities located in
counties not included in the definition under section 473.121, subdivision 4.

Subd. 2.

Grant priority.

(a) The commissioner must give priority to:

(1) projects in counties or municipalities with the highest percentage of children
living in poverty;

(2) grants that involve collaboration among sponsors of programs under this section;
and

(3) where feasible, grants for programs that utilize Youthbuild under sections
116L.361 to 116L.366 for at least 25 percent of each grant awarded or $50,000 of the labor
portion of the construction, whichever is less, if:

(i) the work is appropriate for Youthbuild, as mutually agreed upon by the grantee
and the local Youthbuild program, considering safety and skills needed;

(ii) it is demonstrated by Youthbuild that using Youthbuild will not increase the
overall cost of the project; and

(iii) eligible programs consult with appropriate labor organizations to deliver
education and training.

(b) The commissioner may give priority to:

(1) projects that collaborate with child care providers, including all-day and
school-age child care programs, special needs care, sick child care, nontraditional hour
care, and programs that include services to refugee and immigrant families;

(2) grants for programs that will increase their child care workers' wages as a result
of the grant; and

(3) projects that will improve new text begin access to and new text end the quality of early childhood programs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin EARLY CHILDHOOD LEARNING AND CHILD PROTECTION
FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $15,000,000 is appropriated from the bond proceeds
fund and $5,000,000 is appropriated from the general fund to the commissioner of human
services for grants under Minnesota Statutes, section 256E.37.
new text end

new text begin Subd. 2. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in this section from the
bond proceeds fund, the commissioner of management and budget shall sell and issue
bonds of the state in an amount up to $15,000,000 in the manner, upon the terms, and with
the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end