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Minnesota Legislature

Office of the Revisor of Statutes

SF 945

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2019 09:16am

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; state government; creating a Department of Early Care and
Education; proposing coding for new law as Minnesota Statutes, chapter 119C.

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

Section 1.

new text begin [119C.01] DEPARTMENT OF EARLY CARE AND EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Department of Early Care and Education is
established.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose in creating the department is to ensure that every child
through the age of five receives a fair and full opportunity to reach their full potential by:
new text end

new text begin (1) consolidating and coordinating resources and public funding streams for early
education and care in order to ensure the sound and coordinated development of all early
education and care services available to children in Minnesota;
new text end

new text begin (2) increasing the state's capacity to support school districts in their effort to improve
academic performance of at-risk children;
new text end

new text begin (3) increasing the state's capacity to serve low-income children and lowering the rate of
children entering kindergarten not fully prepared;
new text end

new text begin (4) working in collaboration with school districts to ensure comprehensive and
developmentally appropriate assessments, where applicable;
new text end

new text begin (5) ensuring effective kindergarten transitions;
new text end

new text begin (6) fostering collaboration between child care; Head Start; early childhood education;
school readiness; family, friend, and neighbor providers; and other early childhood programs
and elementary school programs and providers;
new text end

new text begin (7) informing the public choices in programs and providers, and ensuring a system of
high-quality public and private programs, with local points of entry, staffed by well-qualified
professionals;
new text end

new text begin (8) ensuring that parents have a decisive role in the planning, operation, and evaluation
of programs that aid in the care of children;
new text end

new text begin (9) providing consumer education and accessibility to early education and care resources;
new text end

new text begin (10) advancing the quality of early education and care programs in order to support the
healthy development of children and preparation for their success in school;
new text end

new text begin (11) developing a seamless service delivery system of early education and care programs
administered by local, state, and federal agencies, with local points of entry;
new text end

new text begin (12) developing and managing an effective data collection system to support the necessary
functions of a coordinated system of early education and care in order to enable accurate
evaluation of its impact;
new text end

new text begin (13) respecting and drawing upon family values and cultural heritage; and
new text end

new text begin (14) establishing the administrative framework for, and promoting the development of,
early education and care services in order to ensure that such services, staffed by
well-qualified professionals, are available in every community for all families that express
a need for them.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 2.

new text begin [119C.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of early care and
education.
new text end

new text begin Subd. 3. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Early Care and Education.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 3.

new text begin [119C.03] COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The department is under the administrative control of the
commissioner. The commissioner is appointed by the governor with the advice and consent
of the senate. The commissioner must possess broad knowledge and experience in early
care and education. The commissioner has the general powers as provided in section 15.06,
subdivision 6. The commissioner's salary must be established according to the procedure
in section 15A.0815, subdivision 5, in the same range as that specified for the commissioner
of management and budget.
new text end

new text begin Subd. 2. new text end

new text begin Duties of the commissioner. new text end

new text begin (a) The commissioner shall apply for, and accept
on behalf of the state, any federal, local, or private grants, bequests, gifts, or contributions
to aid in the financing of any of the programs or policies of the department.
new text end

new text begin (b) The commissioner shall report biennially, starting January 15, 2021, to the committees
of the legislature having jurisdiction over early care and education programs. The report
must describe the department's progress in achieving the goals and implementing the
programs authorized under this chapter. The report must evaluate the progress of the state
of Minnesota in moving toward a system of universal early education and care for preschool
children through the age of five and include the department's budget request for the next
biennium.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 4.

new text begin [119C.04] TRANSFERS FROM OTHER AGENCIES.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin Beginning on November 1, 2019, the Departments of Health,
Human Services, and Education must begin to transition all of the functions and powers
held by these departments in areas related to regulation and licensure of early care and
education programs to the department.
new text end

new text begin Subd. 2. new text end

new text begin Department of Human Services. new text end

new text begin The powers and duties of the Department
of Human Services with respect to the following programs are transferred to the Department
of Early Care and Education under section 15.039:
new text end

new text begin (1) the child care programs under sections 119B.011 to 119B.16;
new text end

new text begin (2) the family services and community-based collaboratives under section 124D.23;
new text end

new text begin (3) the migrant child care program under section 256.01;
new text end

new text begin (4) the child care resource and referral program under section 119B.19;
new text end

new text begin (5) the child care service development program under sections 119B.189 to 119B.26;
new text end

new text begin (6) the early childhood learning and child protection facilities program under section
256E.37; and
new text end

new text begin (7) the licensure of child care centers and family child care under chapters 245A and
245C and section 626.556.
new text end

new text begin The programs needing federal approval to transfer shall be transferred when the federal
government grants transfer authority to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Department of Education. new text end

new text begin The powers and duties of the Department of
Education with respect to the following programs are transferred to the Department of Early
Care and Education under section 15.039:
new text end

new text begin (1) the head start program under sections 119A.50 to 119A.545;
new text end

new text begin (2) the early childhood family education program under sections 124D.13 to 124D.141;
new text end

new text begin (3) the early childhood screening program under sections 121A.16 to 121A.19;
new text end

new text begin (4) the educate parents partnership under section 124D.129;
new text end

new text begin (5) the interagency early childhood intervention system under sections 125A.259 to
125A.48;
new text end

new text begin (6) the State Advisory Council on Early Childhood Education and Care under section
124D.141;
new text end

new text begin (7) the school readiness program under sections 124D.15 and 124D.16; and
new text end

new text begin (8) the kindergarten readiness assessment under section 124D.162.
new text end

new text begin The programs needing federal approval to transfer shall be transferred when the federal
government grants transfer authority to the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Department of Health. new text end

new text begin The powers and duties of the Department of Health
with respect to the following program are transferred to the Department of Early Care and
Education under section 15.039: the family home visiting program under section 145A.17.
A program needing federal approval to transfer shall be transferred when the federal
government grants transfer authority to the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 5. new text beginEMPLOYEE PROVISIONS.
new text end

new text begin The restructuring of agencies under this act must be conducted in accordance with
Minnesota Statutes, sections 15.039 and 43A.045.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 6. new text beginAPPOINTMENT.
new text end

new text begin By July 1, 2019, the governor must appoint a commissioner-designee of the Department
of Early Care and Education. The person appointed becomes the governor's appointee as
commissioner on the effective date of sections 1 and 3. The commissioner-designee, in
cooperation with the commissioners of education, health, and human services, shall review
and reevaluate the powers and duties of their respective departments and identify those that
are consistent with the purpose and goals of the Department of Early Care and Education.
The functions identified by the commissioner-designee are transferred to the Department
of Early Care and Education under Minnesota Statutes, section 15.039, effective November
1, 2019.
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

Sec. 7. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall identify in Minnesota Statutes all references to programs
being transferred to the Department of Early Care and Education and substitute appropriate
references to the commissioner of early care and education and the Department of Early
Care and Education to reflect that those programs are under the jurisdiction of the
commissioner of early care and education. The revisor shall also make related grammatical
changes. The changes identified by the revisor shall be made effective November 1, 2019,
or upon federal approval of the transfer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end