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Minnesota Legislature

Office of the Revisor of Statutes

SF 3

as introduced - 85th Legislature (2007 - 2008) 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 early childhood; establishing an allowance for early childhood
learning preparedness and enrichment expenses; reducing class sizes for K-3 to
meet the statutory state standard; amending Minnesota Statutes 2006, sections
126C.05, subdivision 1; 126C.12, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 124D.

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

Section 1.

new text begin [124D.332] EARLY CHILDHOOD LEARNING PREPAREDNESS
AND ENRICHMENT ALLOWANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Allowance; purpose. new text end

new text begin An early childhood learning preparedness and
enrichment allowance program is established, to provide an allowance to families of
young children, to be used for learning preparedness and to enrich, enhance, improve, or
benefit the child's physical, educational, artistic, or musical development.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility; allowance amount. new text end

new text begin A claimant with a child who is at least
six months old through age five on April 15 of the year when the allowance is claimed is
eligible to receive an allowance of $....... for each eligible child. In addition, the allowance
for each eligible child must be increased according to the following:
new text end

new text begin Family Income
new text end
new text begin Additional Allowance Amount
new text end
new text begin Under $10,000
new text end
new text begin $.......
new text end
new text begin $10,000 - $19,999
new text end
new text begin $.......
new text end
new text begin $20,000 - $29,999
new text end
new text begin $.......
new text end
new text begin $30,000 - $39,999
new text end
new text begin $.......
new text end
new text begin $40,000 - $49,999
new text end
new text begin $.......
new text end
new text begin $50,000 - $74,999
new text end
new text begin $.......
new text end
new text begin $75,000 - $99,999
new text end
new text begin $.......
new text end
new text begin $100,000 - $149,999
new text end
new text begin $.......
new text end
new text begin $150,000 - $249,999
new text end
new text begin $.......
new text end
new text begin $250,000 and over
new text end
new text begin $.......
new text end

new text begin As used in this section, "family income" is equal to "income" as defined in
Minnesota Statutes, section 290.067, subdivision 2a, for the taxable year preceding the
calendar year when the allowance is claimed, and "claimant" means an individual who
meets the requirements of section 152 of the Internal Revenue Code of 1986, as amended
through December 31, 2005, to claim the eligible child as a dependent.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner of revenue duties; determining eligible claimants;
payment of the allowance.
new text end

new text begin (a) The commissioner of revenue shall include on the
individual income tax form the information that is necessary to determine claimants who
are eligible to receive an allowance, and must develop a method to locate potential
claimants who do not file state income tax forms and inform them of the availability of
the allowance.
new text end

new text begin (b) The commissioner of revenue shall establish a process to transfer the allowance
to claimants electronically.
new text end

new text begin (c) Claims for the allowance must be submitted by April 15. The commissioner of
revenue must certify the allowance no later than August 15 of the year when the claim is
submitted.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner of education duties. new text end

new text begin (a) The commissioner shall, after
consultation with stakeholders and professionals:
new text end

new text begin (1) define outcomes and indicators for local early childhood boards;
new text end

new text begin (2) provide technical assistance to local early childhood boards;
new text end

new text begin (3) establish minimum administrative and service guidelines and standards for
the local early childhood boards;
new text end

new text begin (4) design and implement a method of monitoring and evaluating early childhood
education enrichment criteria and local early childhood boards; and
new text end

new text begin (5) develop a process to review program categories recommended by local early
childhood boards, and timely make a determination regarding the program category
submitted by the local board.
new text end

new text begin (b) The commissioner is granted rulemaking authority as necessary to carry out the
duties in paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Local early childhood board composition and duties. new text end

new text begin (a) "Local early
childhood board" means the group composed of one member of the following groups, if
they exist in the school district:
new text end

new text begin (1) other early childhood education-related boards;
new text end

new text begin (2) three parents of children age five or under who represent the economic and
ethnic diversity of the community;
new text end

new text begin (3) licensed child care providers;
new text end

new text begin (4) early childhood education providers;
new text end

new text begin (5) Head Start providers;
new text end

new text begin (6) a representative from a program that provides physical education opportunities to
children;
new text end

new text begin (7) school superintendents' designee;
new text end

new text begin (8) public or private nonprofit agencies serving youth and families;
new text end

new text begin (9) an individual or a representative from a program that provides musical instruction
or classes to children;
new text end

new text begin (10) a representative from the arts community;
new text end

new text begin (11) local child care resource and referral programs; and
new text end

new text begin (12) the county board of commissioners.
new text end

new text begin (b) A local early childhood board must:
new text end

new text begin (1) assess the community's current capacity to address the early childhood learning
preparedness and enrichment needs of children from six months to kindergarten entrance;
new text end

new text begin (2) create and implement a method to qualify early childhood program learning
preparedness and categories in the community, according to the criteria under subdivision
7;
new text end

new text begin (3) qualify program categories that aim to meet early childhood learning
preparedness and enrichment needs;
new text end

new text begin (4) create an ongoing evaluation of program categories in relation to outcomes
for children and families;
new text end

new text begin (5) provide an appropriate public forum in the community to evaluate whether
a program category continues to meet community expectations and the criteria under
subdivision 7; and
new text end

new text begin (6) develop procedures to restrict allowance payments only to providers that meet
community expectations and the criteria under subdivision 7.
new text end

new text begin Subd. 6. new text end

new text begin Local school boards; charter school boards; nonpublic school boards.
new text end

new text begin School boards in the school district, including boards from the public school system,
charter schools, and nonpublic schools, may provide comments and recommendations
to the local early childhood board, with regard to the board's duties under subdivision 5,
paragraph (b), clauses (2), (3), and (4). The commissioner of education makes the final
program category determination under subdivision 4, paragraph (a), clause (5).
new text end

new text begin Subd. 7. new text end

new text begin General criteria for activities. new text end

new text begin The early childhood allowance must
be used during the 12 months following receipt of the allowance by the claimant for a
child who is at least six months old through age five, to pay for research-based learning
preparedness activities, or programs or classes that enrich, improve, or benefit the child's
physical, educational, artistic, or musical development. The allowance may not be used
for base child care costs or expenses.
new text end

new text begin Subd. 8. new text end

new text begin Allowance not income for purposes of other publicly funded programs.
new text end

new text begin Notwithstanding any law to the contrary, the allowance does not count as earned income
for purposes of the medical assistance, MinnesotaCare, MFIP, or child care assistance
programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for claims filed after December
31, 2006.
new text end

Sec. 2.

Minnesota Statutes 2006, 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.06, 124D.07, 124D.08, or 124D.68;
in a charter school under section 124D.10; 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 individual education plan is counted as the ratio of the
number of hours of assessment and education service to 825 times 1.25 with a minimum
average daily membership of 0.28, but not more than 1.25 pupil units.

(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 1.25.

(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 individual education program
plan to 875, but not more than one.

(d) A kindergarten pupil who is not included in paragraph (c) is counted as deleted text begin.557deleted text endnew text begin 1.2new text end
of a pupil unit for fiscal year deleted text begin2000deleted text endnew text begin 2008new text end and thereafter.

(e) A pupil who is in any of grades 1 to 3 is counted as deleted text begin1.115deleted text endnew text begin 1.2new text end pupil units for fiscal
year deleted text begin2000deleted text endnew text begin 2008new text end and thereafter.

(f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
year 1995 and thereafter.

(g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted
as 1.3 pupil units.

Sec. 3.

Minnesota Statutes 2006, section 126C.12, subdivision 1, is amended to read:


Subdivision 1.

Revenue.

Of a district's general education revenue for fiscal year
deleted text begin 2000deleted text endnew text begin 2008new text end and thereafter each school district shall reserve an amount equal to the formula
allowance multiplied by the following calculation:

(1) the sum of adjusted marginal cost pupils in average daily membership, according
to section 126C.05, subdivision 5, in kindergarten times deleted text begin.057deleted text endnew text begin .2new text end; plus

(2) the sum of adjusted marginal cost pupils in average daily membership, according
to section 126C.05, subdivision 5, in grades 1 to 3 times deleted text begin.115deleted text endnew text begin .2new text end; plus

(3) the sum of adjusted marginal cost pupils in average daily membership, according
to section 126C.05, subdivision 5, in grades 4 to 6 times .06.

Sec. 4. new text beginDIRECTION TO DEPARTMENT.
new text end

new text begin The commissioner of education shall adjust all formulas in taxes payable in 2007
to ensure that education finance levies are not increased as a result of the pupil weight
changes in section 2.
new text end