Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 162-H.F.No. 2147
An act relating to family and early childhood
education; providing for community and prevention
programs; promoting self-sufficiency; providing for
child care; establishing grant programs; appropriating
money; amending Minnesota Statutes 1996, sections
12.21, subdivision 3; 15.53, subdivision 2; 119A.01,
subdivision 3; 119A.04, subdivision 6, and by adding a
subdivision; 119A.13, subdivisions 2, 3, and 4;
119A.14; 119A.15, subdivisions 2, 5, and by adding a
subdivision; 119A.16; 119A.31, subdivision 1; 119B.01,
subdivisions 8, 9, 12, 15, 16, 17, and by adding
subdivisions; 119B.02; 119B.03, subdivisions 3, 4, 5,
6, 7, 8, and by adding subdivisions; 119B.04; 119B.05,
subdivisions 1, 5, 6, and by adding a subdivision;
119B.07; 119B.08, subdivisions 1 and 3; 119B.09,
subdivisions 1, 2, and by adding subdivisions;
119B.10, subdivision 1; 119B.11, subdivisions 1, 3,
and by adding a subdivision; 119B.12; 119B.13,
subdivision 1, and by adding subdivisions; 119B.15;
119B.16, subdivision 1; 119B.18, by adding a
subdivision; 119B.20, subdivisions 7, 9, and 10;
119B.21, subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 10, and
11; 120.05, subdivision 2; 121.11, by adding a
subdivision; 121.831, subdivisions 3 and 4; 121.8355,
subdivision 1; 121.88, subdivisions 1, 10, and by
adding a subdivision; 121.882, subdivision 2; 124.17,
subdivision 2e; 124.26, subdivision 2; 124.2601,
subdivisions 3, 4, 5, and 6; 124.261, subdivision 1;
124.2615, subdivisions 1 and 2; 124.2711, subdivisions
1 and 2a; 124.2713, subdivisions 6 and 8; 124.2716,
subdivision 3; 268.53, subdivision 5; 268.912;
268.913, subdivisions 2 and 4; 268.914, subdivision 1;
and 517.08, subdivision 1c; Laws 1996, chapter 463,
section 4, subdivision 2, as amended; proposing coding
for new law in Minnesota Statutes, chapters 119A; and
119B; repealing Minnesota Statutes 1996, sections
119B.03, subdivision 7; 119B.05, subdivisions 2 and 3;
119B.11, subdivision 2; 119B.19, subdivision 2;
119B.21, subdivision 7; 121.8355, subdivision 1a; and
268.913, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
EARLY CHILDHOOD PROGRAMS
Section 1. Minnesota Statutes 1996, section 12.21,
subdivision 3, is amended to read:
Subd. 3. [SPECIFIC AUTHORITY.] In performing duties under
this chapter and to effect its policy and purpose, the governor
may:
(1) make, amend, and rescind the necessary orders and rules
to carry out the provisions of this chapter and section 216C.15
within the limits of the authority conferred by this section,
with due consideration of the plans of the federal government
and without complying with sections 14.001 to 14.69, but no
order or rule has the effect of law except as provided by
section 12.32;
(2) ensure that a comprehensive emergency operations plan
and emergency management program for this state are developed
and maintained, and are integrated into and coordinated with the
emergency plans of the federal government and of other states to
the fullest possible extent;
(3) in accordance with the emergency operations plan and
the emergency management program of this state, procure supplies
and equipment, institute training programs and public
information programs, and take all other preparatory steps,
including the partial or full activation of emergency management
organizations in advance of actual disaster to ensure the
furnishing of adequately trained and equipped forces of
emergency management personnel in time of need;
(4) make studies and surveys of the industries, resources,
and facilities in this state as may be necessary to ascertain
the capabilities of the state for emergency management and to
plan for the most efficient emergency use of those industries,
resources, and facilities;
(5) on behalf of this state, enter into mutual aid
arrangements or cooperative agreements with other states and
with Canadian provinces, and coordinate mutual aid plans between
political subdivisions of this state;
(6) delegate administrative authority vested in the
governor under this chapter, except the power to make rules, and
provide for the subdelegation of that authority;
(7) cooperate with the president and the heads of the armed
forces, the emergency management agency of the United States and
other appropriate federal officers and agencies, and with the
officers and agencies of other states in matters pertaining to
the emergency management of the state and nation, including the
direction or control of:
(i) emergency preparedness drills and exercises;
(ii) warnings and signals for drills or actual emergencies
and the mechanical devices to be used in connection with them;
(iii) shutting off water mains, gas mains, electric power
connections and the suspension of all other utility services;
(iv) the conduct of persons in the state and the movement
and cessation of movement of pedestrians and vehicular traffic
during, prior, and subsequent to drills or actual emergencies;
(v) public meetings or gatherings; and
(vi) the evacuation, reception, and sheltering of persons;
(8) contribute to a political subdivision, within the
limits of the appropriation for that purpose, not more than 25
percent of the cost of acquiring organizational equipment that
meets standards established by the governor;
(9) formulate and execute, with the approval of the
executive council, plans and rules for the control of traffic in
order to provide for the rapid and safe movement over public
highways and streets of troops, vehicles of a military nature,
materials for national defense and war or for use in any war
industry, for the conservation of critical materials or for
emergency management purposes, and coordinate the activities of
the departments or agencies of the state and its political
subdivisions concerned directly or indirectly with public
highways and streets, in a manner that will best effectuate
those plans;
(10) alter or adjust by executive order, without complying
with sections 14.01 to 14.69, the working hours, work days and
work week of, and annual and sick leave provisions and payroll
laws regarding all state employees in the executive branch as
the governor deems necessary to minimize the impact of the
disaster or emergency, conforming the alterations or adjustments
to existing state laws, rules, and collective bargaining
agreements to the extent practicable;
(11) authorize the commissioner of children, families, and
learning to alter school schedules, curtail school activities,
or order schools closed without affecting state aid to schools,
as defined in section 120.05, and including charter schools
under section 120.064.
Sec. 2. Minnesota Statutes 1996, section 120.05,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (1) Elementary school means any
school with building, equipment, courses of study, class
schedules, enrollment of pupils ordinarily in grades 1
prekindergarten through grade 6 or any portion thereof and staff
meeting the standards established by the state board of
education.
The state board of education shall not close a school or
deny any state aids to a district for its elementary schools
because of enrollment limitations classified in accordance with
the provisions of subdivision 2, clause (1).
(2) Middle school means any school other than a secondary
school giving an approved course of study in a minimum of three
consecutive grades above 4th but below 10th with building,
equipment, courses of study, class schedules, enrollment, and
staff meeting the standards established by the state board of
education.
(3) Secondary school means any school with building,
equipment, courses of study, class schedules, enrollment of
pupils ordinarily in grades 7 through 12 or any portion thereof,
and staff meeting the standards established by the state board
of education.
(4) A vocational center school is one serving a group of
secondary schools with approved areas of secondary vocational
training and offering vocational secondary and adult programs
necessary to meet local needs and meeting standards established
by the state board of education.
Sec. 3. Minnesota Statutes 1996, section 121.831,
subdivision 3, is amended to read:
Subd. 3. [PROGRAM ELIGIBILITY.] A learning readiness
program shall include the following:
(1) a comprehensive plan to anticipate and meet the needs
of participating families by coordinating existing social
services programs and by fostering collaboration among agencies
or other community-based organizations and programs that provide
a full range of flexible, family-focused services to families
with young children;
(2) a development and learning component to help children
develop appropriate social, cognitive, and physical skills, and
emotional well-being;
(3) health referral services to address children's medical,
dental, mental health, and nutritional needs;
(4) a nutrition component to meet children's daily
nutritional needs;
(5) parents' involvement in meeting children's educational,
health, social service, and other needs;
(6) community outreach to ensure participation by families
who represent the racial, cultural, and economic diversity of
the community; and
(7) community-based staff and program resources, including
interpreters, that reflect the racial and ethnic characteristics
of the children participating in the program; and
(8) a literacy component to ensure that the literacy needs
of parents are addressed through referral to and cooperation
with adult basic education programs and other adult literacy
programs.
Sec. 4. Minnesota Statutes 1996, section 121.831,
subdivision 4, is amended to read:
Subd. 4. [PROGRAM CHARACTERISTICS.] Learning readiness
programs are encouraged to:
(1) prepare an individualized service plan to meet each
child's developmental and learning needs;
(2) provide parent education to increase parents'
knowledge, understanding, skills, and experience in child
development and learning;
(3) foster substantial parent involvement that may include
having parents develop curriculum or serve as a paid or
volunteer educator, resource person, or other staff;
(4) identify the needs of families in the content of the
child's learning readiness and family literacy;
(5) expand collaboration with public organizations,
businesses, nonprofit organizations, or other private
organizations to develop a coordinated system of flexible,
family-focused services available to anticipate and meet the
full range of needs of all eligible children and their families;
(6) coordinate treatment and follow-up services for
children's identified physical and mental health problems;
(7) offer transportation for eligible children and their
families for whom other forms of transportation are unavailable
or would constitute an excessive financial burden;
(8) make substantial outreach efforts to assure significant
participation by families with the greatest needs, including
those families whose income level does not exceed the most
recent update of the poverty guidelines required by sections 652
and 673(2) of the Omnibus Budget Reconciliation Act of 1981
(Public Law Number 97-35);
(9) use community-based, trained home visitors serving as
paraprofessionals to provide social support, referrals, parent
education, and other services;
(10) create community-based family resource centers and
interdisciplinary teams; and
(11) enhance the quality of family or center-based child
care programs by providing supplementary services and resources,
staff training, and assistance with children with special needs.
Sec. 5. Minnesota Statutes 1996, section 121.882,
subdivision 2, is amended to read:
Subd. 2. [PROGRAM CHARACTERISTICS.] Early childhood family
education programs are programs for children in the period of
life from birth to kindergarten, for the parents of such
children, and for expectant parents. The programs may include
the following:
(1) programs to educate parents about the physical, mental,
and emotional development of children;
(2) programs to enhance the skills of parents in providing
for their children's learning and development;
(3) learning experiences for children and parents that
promote children's development;
(4) activities designed to detect children's physical,
mental, emotional, or behavioral problems that may cause
learning problems;
(5) activities and materials designed to encourage
self-esteem, skills, and behavior that prevent sexual and other
interpersonal violence;
(6) educational materials which may be borrowed for home
use;
(7) information on related community resources;
(8) programs to prevent child abuse and neglect; or
(9) other programs or activities to improve the health,
development, and learning readiness of children; or
(10) activities designed to maximize development during
infancy.
The programs shall not include activities for children that
do not require substantial involvement of the children's
parents. The programs shall be reviewed periodically to assure
the instruction and materials are not racially, culturally, or
sexually biased. The programs shall encourage parents to be
aware of practices that may affect equitable development of
children.
Sec. 6. Minnesota Statutes 1996, section 124.2711,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE.] The revenue for early childhood
family education programs for a school district equals $101.25
for 1993 1998 and $113.50 for 1999 and later fiscal years times
the greater of:
(1) 150; or
(2) the number of people under five years of age residing
in the school district on October 1 of the previous school year.
Sec. 7. Minnesota Statutes 1996, section 124.2711,
subdivision 2a, is amended to read:
Subd. 2a. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To
obtain early childhood family education revenue, a district may
levy an amount equal to the tax rate of .609 .653 percent times
the adjusted tax capacity of the district for the year preceding
the year the levy is certified. If the amount of the early
childhood family education levy would exceed the early childhood
family education revenue, the early childhood family education
levy shall equal the early childhood family education revenue.
Sec. 8. Minnesota Statutes 1996, section 268.912, is
amended to read:
268.912 [HEAD START PROGRAM.]
The department of economic security children, families, and
learning is the state agency responsible for administering the
Head Start program. The commissioner of economic security
children, families, and learning may make grants to public or
private nonprofit agencies for the purpose of providing
supplemental funds for the federal Head Start program.
Sec. 9. Minnesota Statutes 1996, section 268.913,
subdivision 2, is amended to read:
Subd. 2. [PROGRAM ACCOUNT 20.] "Program account 20" means
the federally designated and funded account limited to for
training and technical assistance activities.
Sec. 10. Minnesota Statutes 1996, section 268.913,
subdivision 4, is amended to read:
Subd. 4. [PROGRAM ACCOUNT 26 25.] "Program account 26 25"
means the federally designated and funded account that can only
be used to provide special services to handicapped diagnosed
children for parent child centers.
Sec. 11. Minnesota Statutes 1996, section 268.914,
subdivision 1, is amended to read:
Subdivision 1. [STATE SUPPLEMENT FOR FEDERAL GRANTEES.]
(a) The commissioner of economic security shall children,
families, and learning must distribute money appropriated for
that purpose to Head Start program grantees to expand
services and to serve additional low-income children. Money
must be allocated to each project Head Start grantee in
existence on the effective date of Laws 1989, chapter 282.
Migrant and Indian reservation grantees must be initially
allocated money based on the grantees' 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 for program accounts
20 to 26 20, 22, and 25 at the start of the fiscal year. In
allocating funds under this paragraph, the commissioner of
economic security must assure that each Head Start grantee is
allocated no less funding in any fiscal year than was allocated
to that grantee in fiscal year 1993. 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. Before paying money to the grantees, the
commissioner shall must notify each grantee of its initial
allocation, how the money must be used, and the number of
low-income children that must be served with the allocation.
Each grantee must notify the commissioner of the number
of additional low-income children it will be able to serve. For
any grantee that cannot serve additional children to utilize its
full allocation, the commissioner shall must reduce the
allocation proportionately. Money available after the initial
allocations are reduced must be redistributed to eligible
grantees.
(b) Up to 11 percent of the funds appropriated annually may
be used to provide grants to local Head Start agencies to
provide funds for innovative programs designed either to target
Head Start resources to particular at-risk groups of children or
to provide services in addition to those currently allowable
under federal Head Start regulations. The commissioner shall
must award funds for innovative programs under this paragraph on
a competitive basis.
Sec. 12. [ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID;
FISCAL YEAR 1998.]
A district that complies with Minnesota Statutes, section
121.882, shall receive additional early childhood family
education aid for fiscal year 1998 equal to $10 times the
greater of:
(1) 150; or
(2) the number of people under five years of age residing
in the school district on October 1 of the previous school
year. The additional early childhood family education aid may
be used only for early childhood family education programs.
Sec. 13. [EARLY CHILDHOOD FAMILY EDUCATION INFANT
DEVELOPMENT GRANT AWARDS.]
(a) Early childhood family education programs under
Minnesota Statutes, section 121.882, may apply to the
commissioner of children, families, and learning for a grant to
fund a pilot program to increase services for families of
infants. Programming for infants and their families must
conform to the service and other requirements of the early
childhood family education programs. The infant program must
include learning experiences for parents of infants that focus
on methods and information that stimulate and nurture the
intellectual and emotional development of infants. Proposals
from programs with service areas where centralized classes are
not feasible or optimal, may include home visiting programs
under Minnesota Statutes, section 121.882, subdivision 2b.
(b) The eligible applicant shall submit an application in
the form and manner prescribed by the commissioner. Grant
applicants shall describe the proposed infant and family
education approach. The application must specify the program
components, outreach methods, targeted ages, anticipated role of
the home visits, if any, and how the program will encourage
participation by families with infants.
Sec. 14. [OFFICE OF COMMUNITY SERVICES.]
The commissioner of children, families, and learning shall
review the accounts and funding for programs administered in the
office of community services. The commissioner shall also
review the methods of distributing grants and revenue to
communities, programs, districts, and other organizations. The
commissioner shall develop unified application forms for
competitive grant programs administered by the office. The
commissioner shall present a proposal to the legislature on ways
to streamline applications, and to the extent possible, combine
accounts, programs, and funding streams.
Sec. 15. [YEAR 2000 READY.]
The commissioner of children, families, and learning shall
ensure that any computer software or hardware that is purchased
with money appropriated in this act must be year 2000 ready.
Sec. 16. [LINKED SERVICES; LITERACY; EDUCATION.]
The commissioner shall ensure that all early childhood,
community support, prevention, and family service programs
administered by the department of children, families, and
learning that receive state aid or state appropriations or are
eligible for grants through the department of children,
families, and learning must:
(1) develop methods to collaborate to encourage family
literacy;
(2) implement measures to link services with all programs
that support families and early childhood development; and
(3) ensure that education and educational development are a
program goal.
Sec. 17. [REPORT SUNSET.]
Beginning September 15, 1997, the requirement to submit the
following reports expires:
(1) child abuse prevention trust fund disbursement plan
under Minnesota Statutes, section 119A.13;
(2) child care system report under Minnesota Statutes,
section 119B.24;
(3) community crime reduction report under Minnesota
Statutes, section 119A.31;
(4) administrative duties report under Minnesota Statutes,
section 119A.31;
(5) progress report on male responsibility grants under
Minnesota Statutes, section 126.84;
(6) school-linked services report under Minnesota Statutes,
section 256.995;
(7) state drug strategy under Minnesota Statutes, section
119A.26;
(8) chemical abuse and violence prevention council report
under Minnesota Statutes, section 119A.28;
(9) violence prevention grant report under Minnesota
Statutes, section 126.78; and
(10) Head Start report under Minnesota Statutes, section
268.917.
Sec. 18. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [LEARNING READINESS PROGRAM REVENUE.] For revenue
for learning readiness programs according to Minnesota Statutes,
sections 121.831 and 124.2615:
$10,316,000 ..... 1998
$10,405,000 ..... 1999
The 1998 appropriation includes $949,000 for 1997 and
$9,367,000 for 1998.
The 1999 appropriation includes $1,040,000 for 1998 and
$9,365,000 for 1999.
$10,000 each year may be spent for evaluation of learning
readiness programs.
$50,000 is for a grant to Itasca county for the Greenway
Readiness Program. The program must include a half-day
readiness program for four-year olds, an early childhood
component, and a resource center.
$30,000 is for a grant to independent school district No.
544, Fergus Falls, to study ways to combine all early learning
programs and to fund those programs.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
childhood family education aid according to Minnesota Statutes,
section 124.2711:
$15,618,000 ..... 1998
$14,104,000 ..... 1999
The 1998 appropriation includes $1,361,000 for 1997 and
$14,257,000 for 1998.
The 1999 appropriation includes $1,585,000 for 1998 and
$12,519,000 for 1999.
$10,000 each year may be spent for evaluation of early
childhood family education programs.
$100,000 may be used for pilot technology grants to early
childhood education programs to enhance the use of technology.
Grants may be used to purchase, repair, or upgrade computer
hardware or software, and for training in the use of
technology. To the extent practicable, the department shall
solicit donations of refurbished computers for distribution to
early childhood education programs.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For
health and developmental screening aid according to Minnesota
Statutes, sections 123.702 and 123.7045:
$1,550,000 ..... 1998
$1,550,000 ..... 1999
The 1998 appropriation includes $155,000 for 1997 and
$1,395,000 for 1998.
The 1999 appropriation includes $155,000 for 1998 and
$1,395,000 for 1999.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [WAY TO GROW.] For grants for existing way to
grow programs according to Minnesota Statutes, section 121.835:
$475,000 ..... 1998
$475,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 6. [PART H.] For the department of children,
families, and learning's share of the state's obligation under
Part H according to Minnesota Statutes, section 120.1701:
$400,000 ..... 1998
Any balance in the first year does not cancel but is
available in the second year.
Subd. 7. [EARLY CHILDHOOD FAMILY EDUCATION INFANT
DEVELOPMENT GRANTS.] For grants to early childhood family
education programs under Minnesota Statutes, section 121.882, to
fund initiatives under section 13:
$2,000,000 ..... 1998
Any balance in the first year does not cancel but is
available in the second year. This is a one-time appropriation
and is not to be added to the permanent base.
Of this amount, up to two percent each year may be used to
administer the grant program.
Subd. 8. [HEAD START PROGRAM.] For Head Start programs
according to Minnesota Statutes, section 268.914:
$18,750,000 ..... 1998
$18,750,000 ..... 1999
The commissioner may use up to two percent each year for
state operations.
Any balance in the first year does not cancel but is
available in the second year.
$1,000,000 each year must be used for competitive grants to
local Head Start agencies for full year programming for children
ages 0 to 3. The programs must comply with applicable federal
Head Start performance standards. Grantees may use state grant
funds to provide services in addition to those allowed under
federal Head Start regulations.
Up to $250,000 is for a matching grant to Little Earth
Residents Association for programming in the Neighborhood Early
Learning Center.
Sec. 19. [REPEALER.]
Minnesota Statutes 1996, sections 119B.03, subdivision 7;
119B.05, subdivisions 2 and 3; 119B.11, subdivision 2; 119B.19,
subdivision 2; 119B.21, subdivision 7; 121.8355, subdivision 1a;
and 268.913, subdivision 5, are repealed.
Sec. 20. [EFFECTIVE DATE.]
Sections 1 and 2 apply to the 1997-1998 school year and
thereafter.
Section 7 (124.2711, subdivision 2a) is effective for
revenue for fiscal year 1999.
ARTICLE 2
COMMUNITY PROGRAMS AND PREVENTION
Section 1. Minnesota Statutes 1996, section 15.53,
subdivision 2, is amended to read:
Subd. 2. [PERIOD OF ASSIGNMENT.] The period of individual
assignment or detail under an interchange program shall not
exceed 24 months, nor shall any person be assigned or detailed
for more than 24 months during any 36-month period, except when
the assignment or detail is made to coincide with an
unclassified appointment under section 15.06. A school
district, a county, or a public health entity may make an
assignment for a period not to exceed five years if the
assignment is made pursuant to section 121.8355, subdivision 6.
Details relating to any matter covered in sections 15.51 to
15.57 may be the subject of an agreement between the sending and
receiving agencies. Elected officials shall not be assigned
from a sending agency nor detailed to a receiving agency.
Sec. 2. [119A.08] [NEIGHBORHOOD-BASED SERVICES FOR
CHILDREN AND FAMILIES.]
Subdivision 1. [PILOT PROJECTS AUTHORIZED.] The
commissioner may establish a pilot project for family services
collaboratives to deliver and broker services through
neighborhood-based community organizations.
Subd. 2. [FAMILY SERVICE COLLABORATIVE; PILOT.] (a) A
family services collaborative under section 121.8355 may apply
to the commissioner to participate in the pilot project in
specified geographic areas. The selected collaborative must
implement the program through family service centers and
eligible community groups that have strong ties to a local
neighborhood and represent the diversity of residents and that
have a history of providing services in the neighborhood.
(b) An eligible organization must submit an application to
the sponsoring family services collaborative with a description
of areas to be served, a neighborhood presence, the needs of the
area, the services to be provided with associated costs and
resources, the intended outcomes, and the proposed methods of
delivering service through volunteers, including any
reimbursement or incentive not to exceed $200 for any service.
Proposed services and amounts must be listed in an
outcomes-based format.
Subd. 3. [ELIGIBLE ACTIVITIES.] A participating center or
group may deliver, or arrange for the delivery of, needed
services listed in the application including assisting family
members to achieve the GED requirements; assisting with English
as a second language or citizenship classes and tests; assisting
with access to early childhood programs, childhood
immunizations, suitable child care, and home visits; and
assisting in crime prevention through after-school enrichment
activities, truancy prevention, and tutoring for academically
under-achieving children.
A collaborative that receives a grant under this section
shall establish procedures to ensure the quality of the services
paid for with grant funds and to monitor the delivery of
services.
Sec. 3. Minnesota Statutes 1996, section 119A.13,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY COUNCIL.] An advisory council of 19 17
members is established under section 15.059. The commissioners
of human services, public safety, health, and children,
families, and learning, and corrections shall each appoint one
member. The subcommittee on committees of the senate and the
speaker of the house of representatives shall each appoint two
members of their respective bodies, one from each caucus. The
governor shall appoint an additional ten members who shall
demonstrate knowledge in the area of child abuse prevention and
shall represent the demographic and geographic composition of
the state, and to the extent possible, represent the following
groups: local government, parents, racial and ethnic minority
communities, the religious community, professional providers of
child abuse prevention and treatment services, and volunteers in
child abuse prevention and treatment services. The council
shall advise and assist the commissioner in carrying out
sections 119A.10 to 119A.16. The council does not expire as
provided by section 15.059, subdivision 5.
Sec. 4. Minnesota Statutes 1996, section 119A.13,
subdivision 3, is amended to read:
Subd. 3. [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1,
1987, the commissioner, assisted by the advisory council, shall
develop a plan to disburse money from the trust fund. In
developing the plan, the commissioner shall review prevention
programs. The plan must ensure that all geographic areas of the
state have an equal opportunity to establish prevention programs
and receive trust fund money. Biennially thereafter the
commissioner shall send the plan to the legislature and the
governor by January 1 of each odd-numbered year.
Sec. 5. Minnesota Statutes 1996, section 119A.13,
subdivision 4, is amended to read:
Subd. 4. [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The
commissioner shall:
(1) provide for the coordination and exchange of
information on the establishment and maintenance of prevention
programs;
(2) develop and publish criteria for receiving trust fund
money by prevention programs;
(3) review, approve, and monitor the spending of trust fund
money by prevention programs;
(4) provide statewide educational and public informational
seminars to develop public awareness on preventing child abuse;
to encourage professional persons and groups to recognize
instances of child abuse and work to prevent them; to make
information on child abuse prevention available to the public
and to organizations and agencies; and to encourage the
development of prevention programs;
(5) establish a procedure for an annual, internal
evaluation of the functions, responsibilities, and performance
of the commissioner in carrying out Laws 1986, chapter 423. In
a year in which the state plan is prepared, the evaluation must
be coordinated with the preparation of the state plan;
(6) provide technical assistance to local councils and
agencies working in the area of child abuse prevention; and
(7) accept and review grant applications beginning June 1,
1987.
(b) The commissioner shall recommend to the governor and
the legislature changes in state programs, statutes, policies,
budgets, and standards that will reduce the problems of child
abuse, improve coordination among state agencies that provide
prevention services, and improve the condition of children,
parents, or guardians in need of prevention program services.
Sec. 6. Minnesota Statutes 1996, section 119A.14, is
amended to read:
119A.14 [LOCAL CHILD ABUSE PREVENTION COUNCILS.]
Subdivision 1. [ESTABLISHMENT OF COUNCIL.] A child abuse
prevention council may be established in any county or group of
counties that was eligible to receive funds under Minnesota
Statutes 1986, section 145.917 as of January 1, 1986. A council
organized in such a county or group of counties shall be
authorized by the commissioner to review programs seeking trust
fund money on finding that the council meets the criteria in
this subdivision:
(a) The council has submitted a plan for the prevention of
child abuse that includes a survey rank ordering of needed
programs and services, assesses the need for additional programs
or services, and demonstrates that standards and procedures have
been established to ensure that funds will be distributed and
used according to Laws 1986, chapter 423.
(b) A single-county council shall consist of:
(1) members of a multidisciplinary child protection team
which must be established under section 626.558 a minimum of
nine members with the majority consisting of members from the
community-at-large who do not represent service-providing
agencies. These members shall represent the demographic and
geographic composition of the county and, to the extent
possible, represent the following groups: parents, businesses,
racial and ethnic minority communities, and the faith
communities; and
(2) if necessary, enough additional members appointed by
the county with knowledge in the area of child abuse prevention
so that a majority of the council is composed of members who do
not represent public agencies.
(c) A multicounty council shall be selected by composed of
the combined membership of those multidisciplinary teams which
have been established in the counties under section 626.558 and
shall consist of: persons in paragraph (b).
(1) one representative each from local human services
agencies, county attorney offices, county sheriff offices, and
health and education agencies, chosen from among the membership
of all the teams;
(2) one representative from any other public agency group
represented among the combined teams; and
(3) enough additional members from the public who have
knowledge in the area of child abuse so that a majority of the
council is composed of members who do not represent public
agencies.
(d) In any multicounty group eligible to establish a
council under this subdivision, at least 50 percent of the
counties must have established a multidisciplinary team under
section 626.558 before a council may be established.
Subd. 2. [REVIEW BY COUNCIL.] To be eligible to receive a
grant from the trust fund, an applicant must have had
its program application reviewed by a child abuse prevention
council from the applicant's geographic area found by the
commissioner to meet the criteria in this section. In reviewing
all such programs applications, the council shall consider the
extent to which the applicant meets the criteria and standards
in Laws 1986, chapter 423, and the degree to which the program
meets the needs of the geographic area. The council shall
provide to the advisory council its comments and recommendations
concerning each program application reviewed and shall provide
the advisory council with its prioritization by rank ordering of
all programs applications reviewed.
Sec. 7. Minnesota Statutes 1996, section 119A.15,
subdivision 2, is amended to read:
Subd. 2. [MATCHING AND OTHER REQUIREMENTS.] Trust fund
money shall only be distributed to applicants that demonstrate
an ability to match at least 40 percent of the amount of trust
fund money requested and whose proposals meet the other
criteria. The matching requirement may be met through in-kind
donations. In awarding grants, the commissioner shall consider
the extent to which the applicant has demonstrated a willingness
and ability to:
(1) continue the prevention program or service if trust
fund money is eliminated or reduced; and
(2) provide prevention program models and consultation to
other organizations and communities.
Sec. 8. Minnesota Statutes 1996, section 119A.15,
subdivision 5, is amended to read:
Subd. 5. [LOCAL COUNCIL AS RECIPIENT OF FUNDS.] The
commissioner may disburse funds to a local council on the same
basis as to any other applicant for community education
purposes, or as for administrative costs in carrying out Laws
1986, chapter 423, if all criteria and standards are met. Funds
disbursed as administrative costs to a local council must not
exceed five percent of total funds disbursed to the area served
by the local council.
Sec. 9. Minnesota Statutes 1996, section 119A.16, is
amended to read:
119A.16 [ACCEPTANCE OF FEDERAL FUNDS AND OTHER DONATIONS.]
The commissioner may accept federal money and gifts,
donations, and bequests for the purposes of Laws 1986, chapter
423. Money so received and proceeds from the sale of
promotional items, minus sales promotional costs, must be
deposited in the trust fund and must be made available annually
to the commissioner.
Sec. 10. Minnesota Statutes 1996, section 119A.31,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAMS.] The commissioner shall, in
consultation with the chemical abuse and violence prevention
council, administer a grant program to fund community-based
programs that are designed to enhance the community's sense of
personal security and to assist the community in its crime
control and prevention efforts. Examples of qualifying programs
include, but are not limited to, the following:
(1) community-based programs designed to provide services
for children aged 8 to 13 who are juvenile offenders or who are
at risk of becoming juvenile offenders. The programs must give
priority to:
(i) juvenile restitution;
(ii) prearrest or pretrial diversion, including through
mediation;
(iii) probation innovation;
(iv) teen courts, community service; or
(v) post incarceration alternatives to assist youth in
returning to their communities;
(2) community-based programs designed to provide at-risk
children and youth aged 8 to 13 with after-school and summer
enrichment activities;
(3) community-based programs designed to discourage young
people from involvement in unlawful drug or street gang
activities such as neighborhood youth centers;
(4) neighborhood block clubs and innovative community-based
crime prevention programs;
(5) community- and school-based programs designed to enrich
the educational, cultural, or recreational opportunities of
at-risk children and youth, including programs designed to keep
at-risk youth from dropping out of school and encourage school
dropouts to return to school;
(6) community-based programs designed to intervene with
juvenile offenders who are identified as likely to engage in
repeated criminal activity in the future unless intervention is
undertaken;
(7) community-based collaboratives that coordinate multiple
programs and funding sources to address the needs of at-risk
children and youth, including, but not limited to,
collaboratives that address the continuum of services for
juvenile offenders and those who are at risk of becoming
juvenile offenders;
(8) programs that are proven successful at increasing the
rate of school success or the rate of post-secondary education
attendance for high-risk students;
(9) community-based programs that provide services to
homeless youth;
(10) programs designed to reduce truancy; and
(11) other community- and school-based crime prevention
programs that are innovative and encourage substantial
involvement by members of the community served by the program;
(12) community-based programs that attempt to prevent and
ameliorate the effects of teenage prostitution;
(13) programs for mentoring at-risk youth, including youth
at risk of gang involvement; and
(14) programs operated by community violence prevention
councils.
Sec. 11. Minnesota Statutes 1996, section 121.11, is
amended by adding a subdivision to read:
Subd. 7e. [GENERAL EDUCATION DEVELOPMENT TESTS RULES.] The
state board may amend rules to reflect changes in the national
minimum standard score for passing the General Education
Development (GED) tests.
Sec. 12. Minnesota Statutes 1996, section 121.88,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] Each school board may
initiate a community education program in its district and
provide for the general supervision of the program. Each board
may, as it considers appropriate, employ community education
directors and coordinators staff to further the purposes of the
community education program.
Sec. 13. Minnesota Statutes 1996, section 121.88, is
amended by adding a subdivision to read:
Subd. 2a. [COMMUNITY EDUCATION DIRECTOR.] (a) Except as
provided under paragraphs (b) and (c), each board shall employ a
licensed community education director. The board shall submit
the name of the person who is serving as director of community
education under this section on the district's annual community
education report to the commissioner.
(b) A board may apply to the commissioner under Minnesota
Rules, part 3512.3500, subpart 9, for authority to use an
individual who is not licensed as a community education director.
(c) A board of a district with a total population of 2,000
or less may identify an employee who holds a valid Minnesota
principal or superintendent license under Minnesota Rules,
chapter 3512, to serve as director of community education. To
be eligible for an exception under this paragraph, the board
shall certify in writing to the commissioner that the district
has not placed a licensed director of community education on
unrequested leave.
Sec. 14. Minnesota Statutes 1996, section 121.88,
subdivision 10, is amended to read:
Subd. 10. [EXTENDED DAY PROGRAMS.] (a) A school board may
offer, as part of a community education program, an extended day
program for children from kindergarten through grade 6 for the
purpose of expanding students' learning opportunities. A
program must include the following:
(1) adult supervised programs while school is not in
session;
(2) parental involvement in program design and direction;
(3) partnerships with the K-12 system, and other public,
private, or nonprofit entities; and
(4) opportunities for trained secondary school pupils to
work with younger children in a supervised setting as part of a
community service program.
(b) The district may charge a sliding fee based upon family
income for extended day programs. The district may receive
money from other public or private sources for the extended day
program. The school board of the district shall develop
standards for school age child care programs. Districts with
programs in operation before July 1, 1990, must adopt standards
before October 1, 1991. All other districts must adopt
standards within one year after the district first offers
services under a program authorized by this subdivision. The
state board of education may not adopt rules for extended day
programs.
(c) The district shall maintain a separate account within
the community services fund for all funds related to the
extended day program.
Sec. 15. Minnesota Statutes 1996, section 124.17,
subdivision 2e, is amended to read:
Subd. 2e. [AVERAGE DAILY MEMBERSHIP, PUPILS AGE 21 OR
OVER.] The average daily membership for pupils age 21 or over,
is equal to the ratio of the number of yearly hours that the
pupil is in membership to the number of instructional hours in
the district's regular school year. A pupil enrolled in the
graduation incentives program under section 126.22, subdivision
2, paragraph (b), for more than the number of instructional
hours in the district's regular school year may be counted as
more than one pupil in average daily membership.
Sec. 16. Minnesota Statutes 1996, section 124.26,
subdivision 2, is amended to read:
Subd. 2. [ACCOUNTS; REVENUE; AID.] Each district, group of
districts, or private nonprofit organization providing adult
basic education programs shall establish and maintain accounts
separate from all other district accounts for the receipt and
disbursement of all funds related to these programs. All
revenue received pursuant to this section shall be utilized
solely for the purposes of adult basic education programs. In
no case shall federal and state aid plus levy equal more than
100 percent of the actual cost of providing these programs.
Sec. 17. Minnesota Statutes 1996, section 124.2601,
subdivision 3, is amended to read:
Subd. 3. [AID REVENUE.] Adult basic education aid revenue
for each approved program equals 65 percent of the general
education formula allowance times the number of full-time
equivalent students in its adult basic education program.
Sec. 18. Minnesota Statutes 1996, section 124.2601,
subdivision 4, is amended to read:
Subd. 4. [LEVY.] To obtain adult basic education revenue,
a district with an eligible program may levy an amount not to
exceed the amount raised by .12 percent times the adjusted tax
capacity of the district for the preceding year.
Sec. 19. Minnesota Statutes 1996, section 124.2601,
subdivision 5, is amended to read:
Subd. 5. [REVENUE AID.] Adult basic education revenue aid
is equal to the sum of difference between an approved program's
adult basic education aid revenue and its adult basic education
levy. If the district does not levy the full amount permitted,
the adult education aid must be reduced in proportion to the
actual amount levied.
Sec. 20. Minnesota Statutes 1996, section 124.2601,
subdivision 6, is amended to read:
Subd. 6. [AID GUARANTEE.] (a) For fiscal year 1994, any
adult basic education program that receives less state aid under
subdivisions 3 and 7 than from the aid formula for fiscal year
1992 shall receive the amount of aid it received in fiscal year
1992.
(b) For 1995 and later, 1996, and 1997 fiscal years, an
adult basic education program that receives aid shall receive at
least the amount of aid it received in fiscal year 1992 under
subdivisions 3 and 7, plus aid equal to the amount of revenue
that would have been raised for taxes payable in 1994 under
Minnesota Statutes 1992, section 124.2601, subdivision 4, minus
the amount raised under subdivision 4.
(c) For fiscal year 1998, any adult basic education program
that receives less state aid than in fiscal year 1997 shall
receive additional aid equal to 80 percent of the difference
between its 1997 aid and the amount of aid under subdivision 5.
For fiscal year 1999 and later, additional aid under this
paragraph must be reduced by 20 percent each year.
Sec. 21. Minnesota Statutes 1996, section 124.261,
subdivision 1, is amended to read:
Subdivision 1. [AID ELIGIBILITY.] For fiscal year years
1996 1998 and later, adult high school graduation aid for
eligible pupils age 21 or over, equals 65 percent of the general
education formula allowance times 1.30 times the average daily
membership under section 124.17, subdivision 2e. For 1997 and
later fiscal years, adult high school graduation aid per
eligible pupil equals the amount established by the commissioner
of children, families, and learning, in consultation with the
commissioner of finance, based on the appropriation for this
program. Adult high school graduation aid must be paid in
addition to any other aid to the district. Pupils age 21 or
over may not be counted by the district for any purpose other
than adult high school graduation aid.
Sec. 22. Minnesota Statutes 1996, section 124.2713,
subdivision 6, is amended to read:
Subd. 6. [COMMUNITY EDUCATION LEVY.] To obtain community
education revenue, a district may levy the amount raised by a
tax rate of 1.1 1.09 percent times the adjusted net tax capacity
of the district. If the amount of the community education levy
would exceed the community education revenue, the community
education levy shall be determined according to subdivision 6a.
Sec. 23. Minnesota Statutes 1996, section 124.2713,
subdivision 8, is amended to read:
Subd. 8. [USES OF GENERAL REVENUE.] (a) General community
education revenue may be used for:
(1) nonvocational, recreational, and leisure time
activities and programs;
(2) programs for adults with disabilities, if the programs
and budgets are approved by the department of children,
families, and learning;
(3) adult basic education programs, according to section
124.26;
(4) summer programs for elementary and secondary pupils;
(5) implementation of a youth development plan;
(6) implementation of a youth service program;
(7) early childhood family education programs, according to
section 121.882; and
(8) extended day programs, according to section 121.88,
subdivision 10.
(9) In addition to money from other sources, a district may
use up to ten percent of its community education revenue for
equipment that is used exclusively in community education
programs. This revenue may be used only for the following
purposes:
(i) to purchase or lease computers and related materials;
(ii) to purchase or lease equipment for instructional
programs; and
(iii) to purchase textbooks and library books.
(b) General community education revenue must not be used to
subsidize the direct activity costs for adult enrichment
programs. Direct activity costs include, but are not limited
to, the cost of the activity leader or instructor, cost of
materials, or transportation costs.
Sec. 24. Minnesota Statutes 1996, section 124.2716,
subdivision 3, is amended to read:
Subd. 3. [EXTENDED DAY LEVY.] To obtain extended day
revenue, a school district may levy an amount equal to the
district's extended day revenue as defined in subdivision 2
multiplied by the lesser of one, or the ratio of the quotient
derived by dividing the adjusted net tax capacity of the
district for the year before the year the levy is certified by
the actual pupil units in the district for the school year to
which the levy is attributable, to $3,700 $3,767.
Sec. 25. Minnesota Statutes 1996, section 268.53,
subdivision 5, is amended to read:
Subd. 5. [FUNCTIONS; POWERS.] A community action agency
shall:
(a) Plan systematically for an effective community action
program; develop information as to the problems and causes of
poverty in the community; determine how much and how effectively
assistance is being provided to deal with those problems and
causes; and establish priorities among projects, activities and
areas as needed for the best and most efficient use of
resources;
(b) Encourage agencies engaged in activities related to the
community action program to plan for, secure, and administer
assistance available under section 268.52 or from other sources
on a common or cooperative basis; provide planning or technical
assistance to those agencies; and generally, in cooperation with
community agencies and officials, undertake actions to improve
existing efforts to reduce poverty, such as improving day-to-day
communications, closing service gaps, focusing resources on the
most needy, and providing additional opportunities to low-income
individuals for regular employment or participation in the
programs or activities for which those community agencies and
officials are responsible;
(c) Initiate and sponsor projects responsive to needs of
the poor which are not otherwise being met, with particular
emphasis on providing central or common services that can be
drawn upon by a variety of related programs, developing new
approaches or new types of services that can be incorporated
into other programs, and filling gaps pending the expansion or
modification of those programs;
(d) Establish effective procedures by which the poor and
area residents concerned will be enabled to influence the
character of programs affecting their interests, provide for
their regular participation in the implementation of those
programs, and provide technical and other support needed to
enable the poor and neighborhood groups to secure on their own
behalf available assistance from public and private sources;
(e) Join with and encourage business, labor and other
private groups and organizations to undertake, together with
public officials and agencies, activities in support of the
community action program which will result in the additional use
of private resources and capabilities, with a view to developing
new employment opportunities, stimulating investment that will
have a measurable impact on reducing poverty among residents of
areas of concentrated poverty, and providing methods by which
residents of those areas can work with private groups, firms,
and institutions in seeking solutions to problems of common
concern.
Community action agencies, the Minnesota migrant council,
and the Indian reservations, may enter into cooperative
purchasing agreements and self-insurance programs with local
units of government. Nothing in this section expands or limits
the current private or public nature of a local community action
agency.
(f) Adopt policies that require the agencies to refer area
residents and community action program constituents to education
programs that increase literacy, improve parenting skills, and
address the needs of children from families in poverty. These
programs include, but are not limited to, early childhood family
education programs, adult basic education programs, and other
life-long learning opportunities. The agencies and agency
programs, including Head Start, shall collaborate with child
care and other early childhood education programs to ensure
smooth transitions to work for parents.
Sec. 26. Minnesota Statutes 1996, section 517.08,
subdivision 1c, is amended to read:
Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage
license fee collected pursuant to subdivision 1b, the court
administrator shall pay $55 to the state treasurer to be
deposited as follows:
(1) $50 in the general fund;
(2) $3 in the special revenue fund to be appropriated to
the commissioner of human services children, families, and
learning for supervised visitation facilities under section
256F.09; and
(3) $2 in the special revenue fund to be appropriated to
the commissioner of health for developing and implementing the
MN ENABL program under section 145.9255.
Sec. 27. Laws 1996, chapter 463, section 4, subdivision 2,
as amended by Laws 1997, chapter 3, section 1, is amended to
read:
Subd. 2. Youth Initiative Grants 16,000,000
For grants to local government units to
design, furnish, equip, acquire,
demolish, repair, replace, or construct
parks and, recreation buildings and
school buildings to provide youth, with
preference for youth in grades four
through eight, with regular enrichment
activities during nonschool hours,
including after school, evenings,
weekends, and school vacation periods,
and that will provide equal access and
programming for girls. The buildings
may be leased to nonprofit community
organizations, subject to Minnesota
Statutes, section 16A.695, for the same
purposes. Enrichment programs include
academic enrichment, homework
assistance, computer and technology
use, arts and cultural activities,
clubs, school-to-work and work force
development, athletic, and recreational
activities. Grants must be used to
expand the number of children
participating in enrichment programs or
improve the quality or range of program
offerings. The facilities must be
fully available for programming
sponsored by youth-serving nonprofit
and community groups, or school,
county, or city programs, for maximum
hours after school, evenings, weekends,
summers, and other school vacation
periods. Priority must be given to
proposals that demonstrate
collaboration among private, nonprofit,
and public agencies, including regional
entities dealing with at-risk youth,
and community and parent organizations
in arranging for programming, staffing,
transportation, and equipment. All
proposals must include an inventory of
existing facilities and an assessment
of programming needs in the community.
(a) Enrichment grants within the
city of Minneapolis 5,000,000
Of this amount, at least $2,500,000
must be used in the neighborhoods of
the Near North, Hawthorne, Sumner-
Glenwood-Harrison, Powderhorn, Central,
Whittier, and Phillips.
(b) Enrichment grants within the
city of St. Paul 5,000,000
Of this amount, at least $2,500,000
must be used in the neighborhoods of
Summit-University, Thomas-Dale, North
End, Payne-Phalen, Daytons Bluff, and
the West Side.
The remaining $2,500,000 is available
citywide, with priority for some of the
remaining amount given to proposals by
public/private partnerships currently
offering after-school enrichment
programs in low-income areas in
conjunction with a neighborhood-based
organization. Up to $100,000 of the
remaining $2,500,000 may be used to
develop urban sports facilities for
at-risk inner city youth, including
those older than eighth grade.
(c) Enrichment grants outside
of the cities of Minneapolis
and St. Paul 6,000,000
Priority must be given to school
attendance areas with high
concentrations of children eligible for
free or reduced school lunch and to
government units demonstrating a
commitment to collaborative youth
efforts.
$500,000 is to the city of Bloomington
for after school enrichment activities
in the northeast Bloomington study area.
The commissioner of children, families,
and learning must make a grant of at
least $1,000,000 to a school district
that is a part of a collaborative
effort that has at least two other
school districts, is multicultural and
multijurisdictional, and has previously
received a facility planning grant for
collaborative purposes.
(d) Each grant must be matched by $1
from local sources for each $2 of state
money. In-kind contributions of
facilities may be used for the local
match. The value of in-kind
contributions must be determined by the
commissioner of finance.
(e) Preference must be given to
projects for which at least ten percent
of the youth initiative grant is
expended using youthbuild under
Minnesota Statutes, sections 268.361 to
268.367, or other youth employment and
training programs, for the labor
portion of the construction. Eligible
programs must consult with appropriate
labor organizations to deliver
education and training.
Sec. 28. [MINNESOTA ADOLESCENT PARENTING GRANT PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A grant program is
established to provide school-based, comprehensive,
community-linked programs for ensuring the long-term
self-sufficiency of adolescent families and the development and
school readiness of their children.
Subd. 2. [DEFINITION.] For purposes of this section,
"pregnancy prevention" means preventing pregnancies from
occurring and does not include abortion services.
Subd. 3. [GOALS.] The goals of the adolescent parenting
grant programs are to:
(1) assist pregnant and parenting adolescents to make
significant gains in school attendance, attainment of state
graduation standards, and acquisition of school-to-career
skills;
(2) prevent child abuse and neglect by improving the
parenting and communication skills of pregnant and parenting
adolescents;
(3) reduce long-term welfare dependency among adolescent
parents; and
(4) improve the outcomes for adolescent parents and their
children in the number of healthy births; pregnancy prevention;
cognitive, social, linguistic, and emotional development;
immunization rates; access to primary health care; and school
readiness.
Subd. 4. [ELIGIBLE STUDENTS.] The following students are
eligible for support services under the adolescent parenting
grant program:
(1) a student enrolled in a school district with an
approved adolescent parenting program who is age 21 or younger
and who is an expectant parent, custodial parent, or
noncustodial parent; and
(2) a child of a student covered by clause (1) who is under
the age of five and is not yet enrolled in kindergarten.
Subd. 5. [GRANT APPLICATION.] A school district, group of
school districts, alternative learning programs approved by the
commissioner, or family service collaboratives may apply for an
adolescent parenting program grant to the commissioner of
children, families, and learning. The application must include
a detailed description of the program, including a description
of the population to be served by the program, a description of
the community agency or agencies collaborating with the site to
provide support services, an explanation of how each of the
program components will contribute to achieving program
outcomes, the number of pupils to be served by the pilot
program, a detailed budget that demonstrates the capacity to
achieve the program's goals, and a comprehensive evaluation plan
for measuring progress toward achieving the program's goals.
Subd. 6. [PROGRAM COMPONENTS.] An adolescent parenting
program must include:
(1) a high quality educational program provided in the
least restrictive environment that includes strategies to ensure
access to educational services, including flexible attendance
policies and class scheduling, and grants academic credit for
all work completed;
(2) to the extent possible, collaboration with other
governmental agencies and community-based organizations to
provide on-site support services, including child care;
(3) an individualized learning plan for each eligible
student that includes career goals;
(4) assurance of compliance with requirements of Public Law
Number 92-318, title IX, prohibiting discrimination against
students due to their pregnant or parenting status;
(5) courses in parent education and life skills;
(6) accountability measures for student performance linked
to graduation standards;
(7) professional development opportunities on adolescent
pregnancy and parenting issues and strategies to achieve
academic success with this student population;
(8) a system to document that adolescent parenting and
prevention support funds were used to provide support services
to eligible students;
(9) a comprehensive assessment of the district's adolescent
pregnancy prevention programs and recommendations for
improvements;
(10) a system for collecting and reporting specific student
data, including goals and outcome measurements; and
(11) a program advisory council, which may consist of an
existing local council.
Subd. 7. [PROGRAM EVALUATION AND TESTIMONY.] The
commissioner of children, families, and learning shall conduct
an evaluation of the adolescent parenting program after one year
of implementation. The commissioner shall evaluate the
program's impact on school attendance, academic achievement,
graduation rates, parenting skills, health, and other outcomes
that may be identified by the commissioner. The commissioner
shall provide testimony on the evaluation results to the
children, families, and learning committees of the legislature
by January 15, 1999.
Sec. 29. [CITIZENSHIP PROMOTION PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A statewide citizenship
promotion program is established to assist legal immigrants
eligible to apply for United States citizenship. The program
must consist of workshops designed to assist with citizenship
application procedures, citizenship and English for citizenship
classes, video citizenship instruction, and public education and
information.
Subd. 2. [GRANTS APPLICATION.] The commissioner of
children, families, and learning shall award grants to public or
nonprofit organizations to operate the citizenship promotion
program. Grants targeted for ethnic and geographic groups of
immigrants must be approximately proportional to the number of
immigrants eligible to apply for naturalization in the group and
the level of program activities necessary to assist a particular
group to attain citizenship. The organizations may include
community-based ethnic or religious groups, school districts,
post-secondary institutions, community action agencies, family
service collaboratives, workforce development centers, and
advocacy groups.
(a) To be eligible to receive a grant, an organization must:
(1) have documented experience in programs specifically
designed for immigrant and refugee populations;
(2) provide access to legal counseling;
(3) provide bilingual teaching for preliterate, vulnerable
populations and for those eligible for waiver of the English
requirements;
(4) have facilities accessible to physically handicapped
learners;
(5) ensure that no more than five percent of grant funds
will be used for administration; and
(6) have a system for fiscal accounting and reporting.
(b) Grant applications must include:
(1) demonstrated organizational experience in English or
citizenship instruction;
(2) population target goals for attaining citizenship;
(3) proposed class sizes and schedules;
(4) outreach and recruitment plans; and
(5) staff expertise description and training plans.
(c) Grants to operate application procedure workshops and
to expand citizenship and English for citizenship classes must
be awarded by September 15, 1997, with initial funding to target
services to legal immigrants who have lost eligibility for
federal SSI and Food Stamp programs.
Subd. 3. [PROGRAM COMPONENTS.] The citizenship promotion
program must include:
(1) a public education program that prepares and
distributes information about citizenship eligibility
requirements, application procedures, test requirements, and
opportunities for assistance;
(2) workshops to assist applicants for naturalization with
the application process. Applications must be screened for
completeness and legal advice must be available to applicants
before applications are submitted to the United States
Immigration and Naturalization Service. Participants in
workshops must be screened for English proficiency and, upon
request, enrolled in appropriate classes to prepare for the
examination;
(3) support for existing classes for citizenship and
English for citizenship and identification of new providers in
underserved areas of the state. Classes must be supported and
offered in native languages for those able to take the
citizenship test in their native language. Within the limits of
available funding, transportation, child care, and interpreter
services must be provided; and
(4) a video instruction series to provide citizenship
education throughout the state.
Subd. 4. [ADVISORY TASK FORCE.] The commissioner may
create an advisory task force under section 15.014 to advise the
commissioner on the citizenship promotion program. Members of
the advisory task force must not participate in grant
discussions in which they have a proposal for funding.
Subd. 5. [TESTIMONY.] The commissioner shall present
testimony by February 1, 1998, to the family and early childhood
education budget division in the senate and the family and early
childhood education finance division in the house of
representatives that summarizes the program activities,
outcomes, and recommendations regarding the need for
continuation.
Sec. 30. [COOPERATIVE ENGLISH AS A SECOND LANGUAGE AND
ADULT BASIC EDUCATION PROGRAMS.]
Subdivision 1. [NONPROFIT, COMMUNITY-BASED ORGANIZATIONS.]
Any school district, or adult basic education consortium that
receives revenue under Minnesota Statutes, section 124.2601,
must collaborate with community-based organizations and
nonprofit organizations within its district or region that have
demonstrated the capacity to deliver English as a second
language or citizenship programming. The district or consortium
must consider an organization to have demonstrated the capacity
to deliver programming if the organization has past experience
or meets the criteria in subdivision 2. No more than eight
percent of the total funds provided by a school district or an
adult basic education consortium to a nonprofit or
community-based organization under this section, may be used for
the administrative costs of providing English as a second
language, adult basic education, or citizenship programs.
Subd. 2. [ELIGIBILITY CRITERIA.] A community-based
organization or nonprofit organization without past experience
providing adult basic education services under Minnesota
Statutes, section 124.2601, must demonstrate that it has met the
following criteria:
(1) be legally established as a nonprofit organization;
(2) have facilities that are accessible to all learners;
(3) have an established system for fiscal accounting and
reporting that is consistent with the department of children,
families, and learning's ABE completion report;
(4) employ a licensed teacher; and
(5) require all instructional staff to complete the
Minnesota Literacy Council's 12-hour training session.
Sec. 31. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [FAMILY COLLABORATIVES.] For family
collaboratives according to Laws 1995, First Special Session
chapter 3, article 4, section 29, subdivision 10:
$7,500,000 ..... 1998
$7,000,000 ..... 1999
Of the appropriation, $150,000 each year is for grants
targeted to assist in providing collaborative children's library
service programs. To be eligible, a family collaborative grant
recipient must collaborate with at least one public library and
one children's or family organization. The public library must
involve the regional public library system and multitype library
system to which it belongs in the planning and provide for an
evaluation of the program.
Of the amount for the family services collaborative in St.
Paul, $50,000 may be used for a grant for neighborhood-based
services under section 2.
No more than 2.5 percent of the appropriation is available
to the state to administer and evaluate the grant program.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 3. [COMMUNITY EDUCATION AID.] For community
education aid according to Minnesota Statutes, section 124.2713:
$1,828,000 ..... 1998
$1,619,000 ..... 1999
The 1998 appropriation includes $236,000 for 1997 and
$1,592,000 for 1998.
The 1999 appropriation includes $175,000 for 1998 and
$1,444,000 for 1999.
Any balance the first year does not cancel but is available
in the second year.
Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For
adults with disabilities programs according to Minnesota
Statutes, section 124.2715:
$710,000 ..... 1998
$710,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Of this amount, $40,000 each year may be used for pilot
programs in regions of the state that don't currently have
programs for adults with disabilities. These programs may not
levy for fiscal year 1999 or later. This is a one-time
appropriation and is not added to the base.
Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for
hearing-impaired adults according to Minnesota Statutes, section
121.201:
$70,000 ..... 1998
$70,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 6. [VIOLENCE PREVENTION EDUCATION GRANTS.] For
violence prevention education grants according to Minnesota
Statutes, section 126.78:
$1,500,000 ..... 1998
$1,500,000 ..... 1999
Of the amount each year, $50,000 is for program
administration.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 7. [MALE RESPONSIBILITY.] For male responsibility
grants:
$250,000 ..... 1998
$250,000 ..... 1999
The commissioner of children, families, and learning may
enter into cooperative agreements with the commissioner of human
services to access federal money for child support and paternity
education programs.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 8. [ABUSED CHILDREN.] For abused children programs
according to Minnesota Statutes, section 119A.21:
$1,048,000 ..... 1998
$1,079,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 9. [DRUG POLICY AND VIOLENCE PREVENTION PROGRAMS.]
For drug policy, violence prevention, and family visitation
programs:
$3,000,000 ..... 1998
$3,000,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Up to $400,000 each year is for grants for mentoring
at-risk youth. Of the fiscal year 1998 appropriation, up to
$138,000 and of the fiscal year 1999 appropriation up to
$100,000 is for grants under Laws 1995, chapter 226, article 3,
section 62.
Up to $75,000 each year is for grants to community-based
violence prevention councils.
Subd. 10. [CHILDREN'S TRUST FUND.] For children's trust
fund according to Minnesota Statutes, sections 119A.12 and
119A.13:
$247,000 ..... 1998
$247,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 11. [AFTER SCHOOL ENRICHMENT GRANTS.] For after
school enrichment grants according to Laws 1996, chapter 412,
article 4, section 30:
$4,907,000 ..... 1998
$4,907,000 ..... 1999
The commissioner may use up to three percent of this
appropriation to provide technical assistance to community
organizations.
Any balance in the first year does not cancel but is
available in the second year.
For fiscal year 1998, the commissioner may award grantees
one additional year of funding up to the grant award in fiscal
year 1997. For fiscal year 1999 and beyond, the appropriation
must be used to award grants on a competitive basis.
Subd. 12. [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with
funds received under Minnesota Statutes, section 171.29,
subdivision 2, paragraph (b), clause (4):
$200,000 ..... 1998
$200,000 ..... 1999
(b) These appropriations are from the alcohol-impaired
driver account of the special revenue fund to the department of
children, families, and learning for chemical abuse prevention
grants.
(c) Up to $200,000 each year may be used for chemical abuse
prevention grants to provide a match for at least two community
collaborative projects for children and youth developed by a
regional organization established under Minnesota Statutes.
The regional organization must include a broad
cross-section of public and private sector community
representatives to address specific community needs of children
and youth. A regional organization that receives a grant must
provide a two-to-one match of nonstate dollars.
Subd. 13. [EXTENDED DAY AID.] For extended day aid
according to Minnesota Statutes, section 124.2716:
$347,000 ..... 1998
$304,000 ..... 1999
The 1998 appropriation includes $37,000 for 1997 and
$310,000 for 1998.
The 1999 appropriation includes $34,000 for 1998 and
$270,000 for 1999.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 14. [ADOLESCENT PARENTING GRANTS.] For adolescent
parenting grants under section 28:
$800,000 ..... 1998
Any balance the first year does not cancel but is available
in the second year. This money is available for fiscal years
1998 and 1999.
The commissioner shall make grants under this section to
two metropolitan area school districts and two nonmetropolitan
adolescent parenting programs.
Where applicable, the department shall assure the
coordination of male responsibility grants, the Minnesota
adolescent parenting program, ENABL, and any federal resources
available to serve pregnant or parenting adolescents or programs
for the prevention of pregnancy. Pregnancy prevention means to
prevent pregnancies from occurring, and does not include
abortion referral or services.
This appropriation is available for fiscal years 1998 and
1999 only. Up to 2.5 percent of the appropriation is available
for administrative costs.
Subd. 15. [LEAD HAZARD REDUCTION.] For the lead hazard
reduction program in Minnesota Statutes, section 268.92:
$200,000 ..... 1998
The appropriation is available for the biennium ending June
30, 1999.
Of this amount, 25 percent is for a grant to the city of St.
Louis Park to conduct lead testing and cleanup in the
residential neighborhoods contaminated by an industrial lead
site. The remaining amount is for a nonprofit organization that
is currently operating the CLEARCorps lead hazard reduction
project and is willing to expand its geographic service area.
Subd. 16. [CITIZENSHIP PROMOTION PROGRAM.] For the
citizenship promotion program under section 29:
$1,000,000 ..... 1998
Of this appropriation, up to 2.5 percent each year may be
used for administrative costs. Any balance in the first year
does not cancel but is available the second year.
Subd. 17. [CHILD GUIDE PREVENTION PROGRAM.] For the
southwest and west central service cooperative to operate the
Willmar child guide prevention program for children in
kindergarten through grade 8 in independent school district No.
347, Willmar:
$250,000 ..... 1998
Any balance in the first year does not cancel but is
available in the second year.
Subd. 18. [ADULT BASIC EDUCATION AID.] For adult basic
education aid according to Minnesota Statutes, section 124.26 in
fiscal year 1998 and Minnesota Statutes, section 124.2601 in
fiscal year 1999:
$12,474,000 ..... 1998
$12,473,000 ..... 1999
The 1998 appropriation includes $837,000 for 1997 and
$11,637,000 for 1998.
The 1999 appropriation includes $1,293,000 for 1998 and
$11,180,000 for 1999.
$75,000 each year is for the adult basic education
technology project to design, implement, and evaluate the use of
online technology applications for adult learners. A working
group representing adult basic education programs with
demonstrated skills in technology applications must work
collaboratively on the technology project. The project must
include an electronic curriculum that is consistent with the
Minnesota graduation standards. The project must also identify
and implement methods to transfer the curriculum and online
methods to adult basic education providers and provide effective
staff development. Any balance in the first year does not
cancel but is available in the second year. This is a one-time
appropriation and is not to be added to the base.
$75,000 each year is for a grant to a public television
station that serves rural areas of Minnesota to provide GED
programming to aid immigrants and others who lack a high school
diploma to obtain a GED in order to continue their education.
Any balance in the first year does not cancel but is available
in the second year. This is a one-time appropriation and is not
to be added to the base.
Subd. 19. [ADULT GRADUATION AID.] For adult graduation aid
according to Minnesota Statutes, section 124.261:
$2,550,000 ..... 1998
$2,550,000 ..... 1999
The 1998 appropriation includes $224,000 for 1997 and
$2,326,000 for 1998.
The 1999 appropriation includes $258,000 for 1998 and
$2,292,000 for 1999.
Subd. 20. [GED TESTS.] For payment of 60 percent of the
costs of GED tests according to Laws 1993, chapter 224, article
4, section 44, subdivision 10:
$125,000 ..... 1998
$125,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Sec. 32. [REPEALER.]
Section 29 is repealed June 30, 1999.
ARTICLE 3
SELF-SUFFICIENCY PROGRAMS
Section 1. Minnesota Statutes 1996, section 119A.01,
subdivision 3, is amended to read:
Subd. 3. [PURPOSE.] The purpose in creating the department
is to increase the capacity of Minnesota communities to
measurably improve the well-being of children and families by:
(1) coordinating and integrating state funded and locally
administered family and children programs;
(2) improving flexibility in the design, funding, and
delivery of programs affecting children and families;
(3) providing greater focus on strategies designed to
prevent problems affecting the well-being of children and
families;
(4) enhancing local decision making, collaboration, and the
development of new governance models;
(5) improving public accountability through the provision
of research, information, and the development of measurable
program outcomes;
(6) increasing the capacity of communities to respond to
the whole child by improving the ability of families to gain
access to services;
(7) encouraging all members of a community to nurture all
the children in the community; and
(8) supporting parents in their dual roles as breadwinners
and parents; and
(9) reducing the condition of poverty for families and
children through comprehensive, community-based strategies.
Sec. 2. Minnesota Statutes 1996, section 119A.04,
subdivision 6, is amended to read:
Subd. 6. [FUNDING FOR TRANSFERRED PROGRAMS.] State
appropriations for programs transferred under this section may
not be used to replace appropriations for K-12 programs. State
and federal appropriations for programs under subdivision 5a,
transferred from the department of economic security, may not be
used to replace, supplement, or supplant federal or state
appropriations for any other program in the department.
Sec. 3. Minnesota Statutes 1996, section 119A.04, is
amended by adding a subdivision to read:
Subd. 7. [GRANTEES OF TRANSFERRED PROGRAMS.] Except as
provided in Minnesota Rules, chapter 3350, the commissioner
shall not reduce the number of organizations or eliminate
specific types of organizations that are eligible to directly
apply for grants made by programs transferred from the
department of economic security after January 1, 1997.
Sec. 4. Minnesota Statutes 1996, section 119A.15, is
amended by adding a subdivision to read:
Subd. 5a. [EXCLUDED PROGRAMS.] Programs transferred to the
department of children, families, and learning from the
department of economic security may not be included in the
consolidated funding account and are ineligible for local
consolidation. The commissioner may not apply for federal
waivers to include these programs in funding consolidation
initiatives. The programs include the following:
(1) programs for the homeless under sections 268.365,
268.38, and 268.39;
(2) emergency energy assistance and energy conservation
programs under sections 4.071 and 268.371;
(3) weatherization programs under section 268.37;
(4) foodshelf programs under section 268.55 and the
emergency food assistance program; and
(5) lead abatement programs under section 268.92.
Sec. 5. [WORKER PARTICIPATION COMMITTEES.]
Notwithstanding Minnesota Statutes, section 15.059,
subdivision 6, the worker participation committees established
under Laws 1995, First Special Session chapter 3, article 16,
section 10, subdivision 3, do not expire until June 30, 1999.
Sec. 6. [LOW-INCOME ENERGY ASSISTANCE; REPORT OF
FINDINGS.]
The commissioner who administers the low-income energy
assistance program shall identify potential revenue sources for
the low-income energy assistance program. This must be done, to
the extent possible, in cooperation with the commissioner of
revenue, the commissioner of public service, the public
utilities commission, members representing the industry
including the delivered fuel industry, rural electric
cooperatives, regulated utilities, municipal utilities, and
representatives of low-income energy advocates and other
consumer advocates. By January 31, 1998, the commissioner shall
make recommendations to the appropriate legislative committees
on potential sources of revenue to provide assistance to
low-income energy consumers including, but not limited to:
(1) a surcharge on summer delivered fuel fills;
(2) all fuels charge;
(3) margin over rack programs;
(4) revenue-based and Btu-based wires charges; and
(5) general revenue funds.
Sec. 7. [EMERGENCY SERVICES GRANTS.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Commissioner" means the commissioner of children,
families, and learning.
(c) "Eligible organization" means a local governmental unit
or nonprofit organization providing or seeking to provide
emergency services for homeless persons.
(d) "Emergency services" means:
(1) providing emergency shelter for homeless persons; and
(2) assisting homeless persons in obtaining essential
services, including:
(i) access to permanent housing;
(ii) medical and psychological help;
(iii) employment counseling and job placement;
(iv) substance abuse treatment;
(v) financial assistance available from other programs;
(vi) emergency child care;
(vii) transportation; and
(viii) other services needed to stabilize housing.
Subd. 2. [PROGRAM ESTABLISHED; PURPOSE.] An emergency
services grant program is established to provide homeless
persons essential services and emergency shelter in safe,
sanitary, and decent facilities. The grant program is to help
eligible organizations improve the quality of existing shelters,
make available other emergency housing, meet the operating and
maintenance costs of shelters, and provide essential services to
homeless persons. The program shall be administered by the
commissioner.
Subd. 3. [DISTRIBUTION OF GRANTS.] The commissioner shall
make grants so as to ensure that emergency services are
available to meet the needs of homeless persons statewide.
Subd. 4. [MATCHING FUNDS.] The commissioner may require a
grantee to match the grant amount with $1 of nonstate funds for
every $2 of grant funds. The match may be in-kind, including
the value of volunteer time, or in cash, or a combination of the
two.
Subd. 5. [APPLICATIONS.] An eligible organization may
apply to the commissioner for a grant to initiate, maintain, or
expand a program providing emergency services for homeless
persons. The commissioner shall determine the timing and form
of the application for the program.
Subd. 6. [CRITERIA FOR GRANT AWARDS.] The commissioner
shall award grants based on the following criteria:
(1) that the application is for a grant to provide
emergency services;
(2) evidence of the applicant's need for state assistance
and of the need for the particular emergency services to be
funded; and
(3) long-range plans for future funding if the need
continues to exist for the emergency services.
Subd. 7. [PROGRAM INFORMATION.] In order to collect
uniform data to measure better the nature and extent of the need
for emergency services, grant recipients shall collect and make
available to the commissioner the following information:
(1) the number of persons who seek emergency shelter and
where they are seeking shelter;
(2) the number of persons for whom shelter is provided and
where, by age, sex, and whether as an individual or part of a
family;
(3) the reasons for seeking assistance;
(4) the length of stay;
(5) the reasons for leaving the shelter; and
(6) the demand for essential services.
Sec. 8. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated.
Subd. 2. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For
Minnesota economic opportunity grants:
$9,000,000 ..... 1998
$9,000,000 ..... 1999
Of this appropriation, the commissioner may use up to 5.4
percent each year for state operations.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 3. [TRANSITIONAL HOUSING PROGRAMS.] For transitional
housing programs according to Minnesota Statutes, section 268.38:
$1,728,000 ..... 1998
$1,728,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Of this appropriation, up to five percent each year may be
used for administrative costs. A portion of this appropriation
may be used for the emergency services grant program under
section 7.
Subd. 4. [FOOD BANK PROGRAM.] For foodshelf programs
according to Minnesota Statutes, section 268.55:
$1,250,000 ..... 1998
$1,250,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 5. [EMERGENCY FOOD ASSISTANCE.] For emergency food
assistance according to Laws 1995, chapter 224, section 5,
subdivision 3:
$97,000 ..... 1998
$97,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Subd. 6. [TRANSFERS; WEATHERIZATION; ENERGY
ASSISTANCE.] For the biennium ending June 30, 1999, the
commissioner shall transfer to the low-income home
weatherization program at least five percent of the money
received under the low-income home energy assistance block grant
in each year of the biennium and shall spend all of the
transferred money during the year of the transfer or the year
following the transfer. Up to 1.63 percent of the transferred
money may be used by the commissioner for administrative
purposes.
For the biennium ending June 30, 1999, no more than 1.63
percent of money remaining under the low-income home energy
assistance program after transfers to the weatherization program
may be used by the commissioner for administrative purposes.
ARTICLE 4
CHILD CARE
Section 1. Minnesota Statutes 1996, section 119B.01, is
amended by adding a subdivision to read:
Subd. 7a. [DEPARTMENT.] "Department" means the department
of children, families, and learning.
Sec. 2. Minnesota Statutes 1996, section 119B.01,
subdivision 8, is amended to read:
Subd. 8. [EDUCATION PROGRAM.] "Education program" means
remedial or basic education or English as a second language
instruction, a program leading to a general equivalency or high
school diploma, post-secondary programs excluding
postbaccalaureate programs, and other education and training
needs as documented in an employability employment plan that is
developed by an employment and training service provider
certified by the commissioner of economic security or an
individual designated by the county to provide employment and
training services, as defined in subdivision 9. The
employability employment plan must outline education and
training needs of a recipient, meet state requirements
for employability employment plans, meet the requirements
of this chapter, and Minnesota Rules, parts 9565.5000 3400.0010
to 9565.5200 3400.0230, and meet the requirements of programs
that provide federal reimbursement for child care services.
Sec. 3. Minnesota Statutes 1996, section 119B.01,
subdivision 9, is amended to read:
Subd. 9. [EMPLOYMENT PROGRAM PLAN.] "Employment program
plan" means employment of recipients financially eligible for
child care assistance, preemployment activities, or other work
activities approved in an employability development, job search
support plan, or employment plan that is developed by the county
agency, if it is acting as an employment and training service
provider, or by an employment and training service provider
certified by the commissioner of economic security or an
individual designated by the county to provide employment and
training services. The plans and designation of a service
provider must meet the requirements of this chapter and chapter
256J or chapter 256K, Minnesota Rules, parts 9565.5000 3400.0010
to 9565.5200 3400.0230, and other programs that provide federal
reimbursement for child care services.
Sec. 4. Minnesota Statutes 1996, section 119B.01,
subdivision 12, is amended to read:
Subd. 12. [INCOME.] "Income" means earned or unearned
income received by all family members 16 years or older,
including public assistance cash benefits, unless specifically
excluded. The following are excluded from income: funds used
to pay for health insurance premiums for family members,
Supplemental Security Income, scholarships, work-study income,
and grants that cover costs for tuition, fees, books, and
educational supplies; student loans for tuition, fees, books,
supplies, and living expenses; earned income tax credits;
in-kind income such as food stamps, energy assistance, medical
assistance, and housing subsidies; income from summer or
part-time employment of 16-, 17-, and 18-year-old full-time
secondary school students; earned income of full or part-time
secondary school students up to the age of 19, including summer
employment; grant awards under the family subsidy program; and
nonrecurring lump sum income only to the extent that it is
earmarked and used for the purpose for which it is paid; and any
income assigned to the public authority according to section
256.74 or section 256.741, if enacted.
Sec. 5. Minnesota Statutes 1996, section 119B.01, is
amended by adding a subdivision to read:
Subd. 12a. [MFIP-S.] "MFIP-S" means the Minnesota family
investment program-statewide, the state's TANF program under
Public Law Number 104-193, Title I.
Sec. 6. Minnesota Statutes 1996, section 119B.01,
subdivision 15, is amended to read:
Subd. 15. [AFDC.] "AFDC" means the aid to families with
dependent children program under sections 256.72 to 256.87; the
MFIP program under sections 256.031 to 256.0361 and 256.0475 to
256.049; the MFIP-S program under chapter 256J; and the work
first program under chapter 256K, whichever program is in effect.
Sec. 7. Minnesota Statutes 1996, section 119B.01,
subdivision 16, is amended to read:
Subd. 16. [TRANSITION YEAR FAMILIES.] "Transition year
families" means families who lose have received AFDC for at
least three of the last six months before losing eligibility for
AFDC due to increased hours of employment, increased income from
employment or child or spousal support, or the loss of income
disregards due to time limitations, as provided under Public Law
Number 100-485.
Sec. 8. Minnesota Statutes 1996, section 119B.01,
subdivision 17, is amended to read:
Subd. 17. [CHILD CARE FUND.] "Child care fund" means a
program under this chapter providing:
(1) financial assistance for child care to parents engaged
in employment or the short-term provision of at-home infant care
for their own child or education and training leading to
employment; and
(2) grants to develop, expand, and improve the access and
availability of child care services statewide.
Sec. 9. Minnesota Statutes 1996, section 119B.02, is
amended to read:
119B.02 [DUTIES OF COMMISSIONER.]
The commissioner shall develop standards for county and
human services boards to provide child care services to enable
eligible families to participate in employment, training, or
education programs. Within the limits of available
appropriations, the commissioner shall distribute money to
counties to reduce the costs of child care for eligible
families. The commissioner shall adopt rules to govern the
program in accordance with this section. The rules must
establish a sliding schedule of fees for parents receiving child
care services. The rules shall provide that funds received as a
lump sum payment of child support arrearages shall not be
counted as income to a family in the month received but shall be
prorated over the 12 months following receipt and added to the
family income during those months. In the rules adopted under
this section, county and human services boards shall be
authorized to establish policies for payment of child care
spaces for absent children, when the payment is required by the
child's regular provider. The rules shall not set a maximum
number of days for which absence payments can be made, but
instead shall direct the county agency to set limits and pay for
absences according to the prevailing market practice in the
county. County policies for payment of absences shall be
subject to the approval of the commissioner. The commissioner
shall maximize the use of federal money in section 256.736 and
other programs that provide federal or state reimbursement for
child care services for recipients of aid to low-income families
with dependent children who are in education, training, job
search, or other activities allowed under those programs. Money
appropriated under this section must be coordinated with the
programs that provide federal reimbursement for child care
services to accomplish this purpose. Federal reimbursement
obtained must be allocated to the county that spent money for
child care that is federally reimbursable under programs that
provide federal reimbursement for child care services. The
counties shall use the federal money to expand child care
services. The commissioner may adopt rules under chapter 14 to
implement and coordinate federal program requirements.
Sec. 10. Minnesota Statutes 1996, section 119B.03,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE RECIPIENTS.] Families that meet the
eligibility requirements under sections 119B.09, except AFDC
recipients, MFIP recipients, and transition year families, and
119B.10 are eligible for child care assistance under the basic
sliding fee program. Families enrolled in the basic sliding fee
program as of July 1, 1990, shall be continued until they are no
longer eligible. Counties shall make vendor payments to the
child care provider or pay the parent directly for eligible
child care expenses on a reimbursement basis. Child care
assistance provided through the child care fund is considered
assistance to the parent.
Sec. 11. Minnesota Statutes 1996, section 119B.03,
subdivision 4, is amended to read:
Subd. 4. [FUNDING PRIORITY.] (a) First priority for child
care assistance under the basic sliding fee program must be
given to eligible non-AFDC families who do not have a high
school or general equivalency diploma or who need remedial and
basic skill courses in order to pursue employment or to pursue
education leading to employment. Within this priority, the
following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority
group described in this paragraph.
(b) Second priority must be given to parents who have
completed their AFDC transition year.
(c) Third priority must be given to families who are
eligible for portable basic sliding fee assistance through the
portability pool under section 119B.03, subdivision 9.
Sec. 12. Minnesota Statutes 1996, section 119B.03,
subdivision 5, is amended to read:
Subd. 5. [REVIEW OF USE OF FUNDS; REALLOCATION.] (a) After
each quarter, the commissioner shall review the use of basic
sliding fee program allocations by county. The commissioner may
reallocate unexpended or unencumbered money among those counties
who have expended their full allocation or may allow a county to
expend up to ten percent of its allocation in the subsequent
allocation period.
(b) Any unexpended money state and federal appropriations
from the first year of the biennium may be carried forward to
the second year of the biennium.
Sec. 13. Minnesota Statutes 1996, section 119B.03,
subdivision 6, is amended to read:
Subd. 6. [ALLOCATION FORMULA.] Beginning January 1,
1996, except as provided in subdivision 7, the basic sliding fee
state and federal funds shall be allocated on a calendar year
basis. Funds shall be allocated first in amounts equal to each
county's guaranteed floor according to subdivision 8, with any
remaining available funds allocated according to the following
formula:
(a) One-third of the funds shall be allocated in proportion
to each county's total expenditures for the basic sliding fee
child care program reported during the most recent calendar year
completed at the time of the notice of allocation.
(b) One-third of the funds shall be allocated based on the
number of children under age 13 in each county who are enrolled
in general assistance medical care, medical assistance, and
MinnesotaCare on December 31 of the most recent calendar year
completed at the time of the notice of allocation.
(c) One-third of the funds shall be allocated based on the
number of children under age 13 who reside in each county, from
the most recent estimates of the state demographer.
Sec. 14. Minnesota Statutes 1996, section 119B.03,
subdivision 7, is amended to read:
Subd. 7. [SIX-MONTH ALLOCATION EXCEPTION.] For the period
from July 1, 1995, to December 31, 1995, every county shall
receive an allocation at least equal and proportionate to
one-half of its original allocation in state fiscal year 1995.
This six-month allocation shall be combined with the calendar
year 1996 allocation and be administered as one 18-month
allocation. 1997, to December 31, 1998, each county must receive
an amount equal to its original calendar year 1997 allocation.
The remaining funds must be allocated according to the following
formula:
(a) Two-thirds of the funds must be allocated in proportion
to each county's original calendar year 1997 allocation for the
basic sliding fee program.
(b) One-third of the funds must be allocated in proportion
to each county's most recently reported waiting list as defined
in section 119B.03, subdivision 2.
When funding increases are implemented within a calendar
year, every county must receive an allocation at least equal and
proportionate to its original allocation for the same time
period. The remainder of the allocation must be recalculated to
reflect the funding increase and according to the formulas
identified in subdivision 6 and this subdivision.
Sec. 15. Minnesota Statutes 1996, section 119B.03,
subdivision 8, is amended to read:
Subd. 8. [GUARANTEED FLOOR.] (a) Beginning January 1,
1996, each county's guaranteed floor shall equal 90 percent of
the allocation received in the preceding calendar year. For the
calendar year 1996 allocation, the preceding calendar year shall
be considered to be double the six-month allocation as provided
for in subdivision 7. For the period January 1, 1999, to
December 31, 1999, each county's guaranteed floor must be equal
to its original calendar year 1998 allocation or its actual
earnings for calendar year 1998, whichever is less.
(b) When the amount of funds available for allocation is
less than the amount available in the previous year, each
county's previous year allocation shall be reduced in proportion
to the reduction in the statewide funding, for the purpose of
establishing the guaranteed floor.
Sec. 16. Minnesota Statutes 1996, section 119B.03, is
amended by adding a subdivision to read:
Subd. 9. [PORTABILITY POOL.] (a) The commissioner shall
establish a pool of up to five percent of the annual
appropriation for the basic sliding fee program to provide
continuous child care assistance for eligible families who move
between Minnesota counties. At the end of each allocation
period, any unspent funds in the portability pool must be added
to the funds available for reallocation. If expenditures from
the portability pool exceed the amount of money available, the
reallocation pool must be reduced to cover these shortages.
(b) To be eligible for portable basic sliding fee
assistance, a family that has moved from a county in which it
was receiving basic sliding fee assistance to a county with a
waiting list for the basic sliding fee program must:
(1) meet the income and eligibility guidelines for the
basic sliding fee program; and
(2) notify the new county of residence within 30 days of
moving and apply for basic sliding fee assistance in the new
county of residence.
(c) The receiving county must:
(1) accept administrative responsibility for applicants for
portable basic sliding fee assistance at the end of the two
months of assistance under the unitary residency act;
(2) continue basic sliding fee assistance for the lesser of
six months or until the family is able to receive assistance
under the county's regular basic sliding program; and
(3) notify the commissioner through the quarterly reporting
process of any family that meets the criteria of the portable
basic sliding fee assistance pool.
Sec. 17. Minnesota Statutes 1996, section 119B.03, is
amended by adding a subdivision to read:
Subd. 10. [APPLICATION; ENTRY POINTS.] Two or more methods
of applying for the basic sliding fee program must be available
to applicants in each county. To meet the requirements of this
subdivision, a county may provide alternative methods of
applying for assistance, including, but not limited to, a mail
application, or application sites that are located outside of
government offices.
Sec. 18. Minnesota Statutes 1996, section 119B.04, is
amended to read:
119B.04 [FEDERAL AT-RISK CHILD CARE PROGRAM AND DEVELOPMENT
FUND.]
Subdivision 1. [COMMISSIONER TO ADMINISTER PROGRAM.] The
commissioner of children, families, and learning is authorized
and directed to receive, administer, and expend funds available
under the at-risk child care program and development fund under
Public Law Number 101-508 (1) 104-193, Title I.
Subd. 2. [RULEMAKING AUTHORITY.] The commissioner may
adopt rules under chapter 14 to administer the at-risk child
care program and development fund.
Sec. 19. Minnesota Statutes 1996, section 119B.05,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBLE RECIPIENTS.] Families eligible
for guaranteed child care assistance under the AFDC child care
program are:
(1) persons receiving services under section 256.736
sections 256.031 to 256.04;
(2) AFDC recipients who are employed or in job search and
meet the requirements of section 119B.10;
(3) persons who are members of transition year families
under section 119B.01, subdivision 16;
(4) members of the control group for the STRIDE evaluation
conducted by the Manpower Demonstration Research Corporation;
and
(5) AFDC caretakers who are participating in the STRIDE and
non-STRIDE AFDC child care program;
(6) families who are participating in employment
orientation or job search, or other employment or training
activities that are included in an approved employability
development plan under chapter 256K; and
(7) MFIP-S families who are participating in work
activities as required in their job search support or employment
plan, or in appeals, hearings, assessments, or orientations
according to chapter 256J. Child care assistance to support
work activities as described in section 256J.49 must be
available according to sections 119B.01, subdivision 8, 121.882,
256E.08, 268.916, and 611A.32 and titles IVA, IVB, IVE, and XX
of the Social Security Act.
Sec. 20. Minnesota Statutes 1996, section 119B.05,
subdivision 5, is amended to read:
Subd. 5. [FEDERAL REIMBURSEMENT.] Counties shall maximize
their federal reimbursement under Public Law Number 100-485 or
other federal reimbursement programs for money spent for persons
eligible under this chapter. The commissioner shall allocate
any federal earnings to the county to be used to expand child
care services under this chapter.
Sec. 21. Minnesota Statutes 1996, section 119B.05,
subdivision 6, is amended to read:
Subd. 6. [ACCESS CHILD CARE PROGRAM.] (a) Starting one
month after April 30, 1992, the commissioner shall reimburse
eligible expenditures for 2,000 family slots for AFDC caretakers
not eligible for services under section 256.736, who are engaged
in an authorized educational or job search program. Each county
will receive a number of family slots based on the county's
proportion of the AFDC caseload. A county must receive at least
two family slots. Eligibility and reimbursement are limited to
the number of family slots allocated to each county. County
agencies shall authorize an educational plan for each student
and may prioritize families eligible for this program in their
child care fund plan upon approval of the commissioner.
(b) Persons eligible for but unable to participate in the
JOBS (STRIDE) program because of a waiting list may be accepted
as a new participant, or continue to participate in the ACCESS
child care program if a slot is available as long as all other
eligibility factors are met. Child care assistance must
continue under the ACCESS child care program until the
participant loses eligibility or is enrolled in project STRIDE.
(c)(1) Effective July 1, 1995, the commissioner shall
reclaim 90 percent of the vacant slots in each county and
distribute those slots to counties with waiting lists of persons
eligible for the ACCESS child care program. The slots must be
distributed to eligible families based on the July 1, 1995,
waiting list placement date, first come, first served basis.
(2) ACCESS child care slots remaining after the waiting
list under clause (1) has been eliminated must be distributed to
eligible families on a first come, first served basis, based on
the client's date of request.
(3) The county must notify the commissioner when an ACCESS
slot in the county becomes available. Notification by the
county must be within five calendar days of the effective date
of the termination of the ACCESS child care services. The
resulting vacant slot must be returned to the department of
children, families, and learning. The slot must then be
redistributed under clause (2).
(4) The commissioner shall consult with the task force on
child care and make recommendations to the 1996 legislature for
future distribution of the ACCESS slots under this
paragraph. Effective July 1, 1997, no new applicants may be
accepted in the ACCESS program. Current ACCESS participants
shall continue to receive assistance until July 1, 1998, if all
other conditions of eligibility are met.
Sec. 22. [119B.061] [AT-HOME INFANT CHILD CARE PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] Beginning July 1, 1998, a
family receiving or eligible to receive assistance under the
basic sliding fee program is eligible for assistance for a
parent to provide short-term child care for the family's infant
child. An eligible family must meet the eligibility factors
under section 119B.09, the income criteria under section
119B.12, and the requirements of this section. The commissioner
shall establish a pool of up to seven percent of the annual
appropriation for the basic sliding fee program to provide
assistance under the at-home infant child care program. At the
end of the fiscal year, any unspent funds must be used for
assistance under the basic sliding fee program.
Subd. 2. [ELIGIBLE FAMILIES.] A family with an infant
under the age of one year is eligible for assistance if:
(1) the family is not receiving MFIP-S, other cash
assistance, or other child care assistance;
(2) the family has not previously received the one-year
exemption from the work requirement for infant care under the
MFIP-S program;
(3) the family has not previously received a life-long
total of 12 months of assistance under this section; and
(4) the family is participating in the basic sliding fee
program or, for the first child in a family, provides
verification of employment at the time of application and meets
the program requirements.
Subd. 3. [ELIGIBLE PARENT.] Only one parent, in a
two-parent family, is eligible for assistance. The eligible
parent must:
(1) be over the age of 18;
(2) provide full-time care for the child in the child's
home; and
(3) provide child care for any other children in the family
that are eligible for child care.
Subd. 4. [ASSISTANCE.] (a) A family is limited to a
lifetime total of 12 months of assistance under this section.
The maximum rate of assistance must be at 75 percent of the rate
established under section 119B.13 for care of infants in
licensed family day care in the applicant's county of
residence. Assistance must be calculated to reflect the copay
requirement and the family's income level.
(b) A participating family must continue to report income
and other family changes as specified in the county's plan under
section 119B.08, subdivision 3. The family must treat any
assistance received under this section as unearned income.
(c) Participation in the at-home infant child care program
must be considered participation in the basic sliding fee
program for purposes of continuing eligibility under section
119B.03, subdivision 3.
(d) A family that receives assistance under this section is
ineligible for the one-year exemption from work requirements
under the MFIP-S program.
Subd. 5. [IMPLEMENTATION.] By July 1, 1998, the
commissioner shall implement the at-home infant child care
program under this section. The commissioner shall evaluate
this program and report the impact to the legislature by January
1, 2000. The evaluation must include data on the number of
families participating in the program; the number of families
continuing to pursue employment or education while participating
in the program; the average income of families prior to, during,
and after participation in the program; family size; and single
parent and two-parent status.
Sec. 23. Minnesota Statutes 1996, section 119B.05, is
amended by adding a subdivision to read:
Subd. 7. [CHILD CARE ASSISTANCE DIVERSION.] A one-year
program is established to provide assistance to participants
under the working family assistance program established in
chapter 256J who are participating in an authorized activity
under section 256J.03, subdivision 4, and who are eligible for
child care assistance according to chapter 119B as a
reimbursement for expenses related to the costs of education,
training, or transportation when all of the following conditions
exist:
(1) child care needs during participation in the authorized
activity are being met by a legal child care provider as defined
in section 119B.01, subdivision 13;
(2) the participant cannot reasonably arrange for the
education, training, or transportation costs to be met through
alternate arrangements;
(3) the child care arrangement provides a transition to a
stable child care and employment arrangement and does not
disrupt the continuity of care for children; and
(4) the arrangement does not exceed two months.
The commissioner shall select one county in the
seven-county metropolitan area to participate in the program.
Assistance must be available only to residents of the selected
county. Assistance granted under this subdivision must not
exceed 1/12 of the average annual cost of care as established
for the administering county in the previous state fiscal year
for each authorized month. Assistance under this subdivision is
available to a recipient on a one-time basis.
Sec. 24. Minnesota Statutes 1996, section 119B.07, is
amended to read:
119B.07 [USE OF MONEY.]
Money for persons listed in sections 119B.03, subdivision
3, and 119B.05, subdivision 1, shall be used to reduce the costs
of child care for students, including the costs of child care
for students while employed if enrolled in an eligible education
program at the same time and making satisfactory progress
towards completion of the program. Counties may not limit the
duration of child care subsidies for a person in an employment
or educational program, except when the person is found to be
ineligible under the child care fund eligibility standards. Any
limitation must be based on a person's employability plan in the
case of an AFDC recipient, and county policies included in the
child care allocation plan. The maximum length of time a
student is eligible for child care assistance under the child
care fund for education and training is no more than the time
necessary to complete the credit requirements for an associate
or baccalaureate degree as determined by the educational
institution, excluding basic or remedial education programs
needed to prepare for post-secondary education or employment.
To be eligible, the student must be in good standing and be
making satisfactory progress toward the degree. Time
limitations for child care assistance, as specified in Minnesota
Rules, parts 9565.5000 to 9565.5200, do not apply to basic or
remedial educational programs needed to prepare for
post-secondary education or employment. These programs
include: high school, general equivalency diploma, and English
as a second language. Programs exempt from this time limit must
not run concurrently with a post-secondary program. High school
students who are participating in a post-secondary options
program and who receive a high school diploma issued by the
school district are exempt from the time limitations while
pursuing a high school diploma. Financially eligible students
who have received child care assistance for one academic year
shall be provided child care assistance in the following
academic year if funds allocated under sections 119B.03 and
119B.05 are available. If an AFDC recipient who is receiving
AFDC child care assistance under this chapter moves to another
county, continues to participate in educational or training
programs authorized in their employability development plans,
and continues to be eligible for AFDC child care assistance
under this chapter, the AFDC caretaker must receive continued
child care assistance from the county responsible for their
current employability development plan, without interruption.
Sec. 25. [119B.075] [RESERVE ACCOUNT.]
A reserve account must be created within the general fund
for all unexpended basic sliding fee child care, TANF child
care, or other child care funds under the jurisdiction of the
commissioner. Any funds for those purposes that are unexpended
at the end of a biennium must be deposited in this reserve
account, and may be appropriated on an ongoing basis by the
commissioner for basic sliding fee child care or TANF child care.
Sec. 26. Minnesota Statutes 1996, section 119B.08,
subdivision 1, is amended to read:
Subdivision 1. [QUARTERLY REPORTS.] The commissioner shall
specify requirements for reports, including quarterly fiscal
reports, according to under the same authority as provided to
the commissioner of human services in section 256.01,
subdivision 2, paragraph (17). Counties shall submit on forms
prescribed by the commissioner a quarterly financial and program
activity report. The failure to submit a complete report by the
end of the quarter in which the report is due may result in a
reduction of child care fund allocations equal to the next
quarter's allocation. The financial and program activity report
must include:
(1) a detailed accounting of the expenditures and revenues
for the program during the preceding quarter by funding source
and by eligibility group;
(2) a description of activities and concomitant
expenditures that are federally reimbursable under federal
reimbursement programs;
(3) a description of activities and concomitant
expenditures of child care money;
(4) information on money encumbered at the quarter's end
but not yet reimbursable, for use in adjusting allocations as
provided in section 119B.03, subdivision 5; and
(5) other data the commissioner considers necessary to
account for the program or to evaluate its effectiveness in
preventing and reducing participants' dependence on public
assistance and in providing other benefits, including
improvement in the care provided to children.
Sec. 27. Minnesota Statutes 1996, section 119B.08,
subdivision 3, is amended to read:
Subd. 3. [CHILD CARE FUND PLAN.] Effective January 1,
1992, the county will include the plan required under this
subdivision in its biennial community social services plan
required in this section, for the group described in section
256E.03, subdivision 2, paragraph (h). For the period July 1,
1989, to December 31, 1991, the county shall submit separate
child care fund plans required under this subdivision for the
periods July 1, 1989, to June 30, 1990; and July 1, 1990, to
December 31, 1991. The commissioner shall establish the dates
by which the county must submit these plans. The county and
designated administering agency shall submit to the commissioner
an annual child care fund allocation plan. The plan shall
include:
(1) a narrative of the total program for child care
services, including all policies and procedures that affect
eligible families and are used to administer the child care
funds;
(2) the number of families that requested a child care
subsidy in the previous year, the number of families receiving
child care assistance, the number of families on a waiting list,
and the number of families projected to be served during the
fiscal year;
(3) the methods used by the county to inform eligible
groups of the availability of child care assistance and related
services;
(4) (3) the provider rates paid for all children by
provider type;
(5) (4) the county prioritization policy for all eligible
groups under the basic sliding fee program and AFDC child care
program; and
(6) a report of all funds available to be used for child
care assistance, including demonstration of compliance with the
maintenance of funding effort required under section 119B.11;
and
(7) (5) other information as requested by the department to
ensure compliance with the child care fund statutes and rules
promulgated by the commissioner.
The commissioner shall notify counties within 60 days of
the date the plan is submitted whether the plan is approved or
the corrections or information needed to approve the plan. The
commissioner shall withhold a county's allocation until it has
an approved plan. Plans not approved by the end of the second
quarter after the plan is due may result in a 25 percent
reduction in allocation. Plans not approved by the end of the
third quarter after the plan is due may result in a 100 percent
reduction in the allocation to the county. Counties are to
maintain services despite any reduction in their allocation due
to plans not being approved.
Sec. 28. Minnesota Statutes 1996, section 119B.09,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL ELIGIBILITY FACTORS REQUIREMENTS
FOR ALL APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care
services must be available to families who need child care to
find or keep employment or to obtain the training or education
necessary to find employment and who:
(a) (1) meet the requirements of section 119B.05; receive
aid to families with dependent children, MFIP-S, or work first,
whichever is in effect; and are receiving employment and
training services under section 256.736 or chapter 256J or 256K;
(b) (2) have household income below the eligibility levels
for aid to families with dependent children; or
(c) (3) have household income within a range established by
the commissioner.
(d) (b) Child care services for the families receiving aid
to families with dependent children must be made available as
in-kind services, to cover any difference between the actual
cost and the amount disregarded under the aid to families with
dependent children program. Child care services to families
whose incomes are below the threshold of eligibility for aid to
families with dependent children, but are not AFDC caretakers,
must be made available with the minimum same copayment required
by federal law of AFDC caretakers or MFIP-S caregivers.
(c) All applicants for child care assistance and families
currently receiving child care assistance must be assisted and
required to cooperate in establishment of paternity and
enforcement of child support obligations as a condition of
program eligibility. For purposes of this section, a family is
considered to meet the requirement for cooperation when the
family complies with the requirements of section 256.741, if
enacted.
Sec. 29. Minnesota Statutes 1996, section 119B.09,
subdivision 2, is amended to read:
Subd. 2. [SLIDING FEE.] Child care services to families
with incomes in the commissioner's established range must be
made available on a sliding fee basis. The lower limit of the
sliding fee range must be the eligibility limit for aid to
families with dependent children. The upper limit of the range
must be neither less than 70 percent nor more than 90 percent of
the state median income for a family of four, adjusted for
family size.
Sec. 30. Minnesota Statutes 1996, section 119B.09, is
amended by adding a subdivision to read:
Subd. 6. [MAXIMUM CHILD CARE ASSISTANCE.] The maximum
amount of child care assistance a local agency may authorize in
a two-week period is 120 hours per child.
Sec. 31. Minnesota Statutes 1996, section 119B.09, is
amended by adding a subdivision to read:
Subd. 7. [ELIGIBILITY FOR ASSISTANCE.] The date of
eligibility for child care assistance under this chapter is the
later of the date the application was signed; the beginning date
of employment, education, or training; or the date a
determination has been made that the applicant is a participant
in employment and training services under Minnesota Rules, part
3400.0080, subpart 2a, section 256.736, or chapter 256J or
256K. The date of eligibility for the basic sliding fee at-home
infant child care program is the later of the date the infant is
born or, in a county with a basic sliding fee wait list, the
date the family applies for at-home infant child care. Payment
ceases for a family under the at-home infant child care program
when a family has used a total of 12 months of assistance as
specified under section 119B.061. Payment of child care
assistance for employed persons on AFDC is effective the date of
employment or the date of AFDC eligibility, whichever is later.
Payment of child care assistance for MFIP-S or work first
participants in employment and training services is effective
the date of commencement of the services or the date of MFIP-S
or work first eligibility, whichever is later. Payment of child
care assistance for transition year child care must be made
retroactive to the date of eligibility for transition year child
care.
Sec. 32. Minnesota Statutes 1996, section 119B.09, is
amended by adding a subdivision to read:
Subd. 8. [NO EMPLOYEE-EMPLOYER RELATIONSHIPS.] Receipt of
federal, state, or local funds by a child care provider either
directly or through a parent who is a child care assistance
recipient does not establish an employee-employer relationship
between the child care provider and the county or state.
Sec. 33. Minnesota Statutes 1996, section 119B.10,
subdivision 1, is amended to read:
Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND
RETAINING EMPLOYMENT.] (a) Persons who are seeking employment
and who are eligible for assistance under this section are
eligible to receive up to 240 hours of child care assistance per
calendar year.
(b) Employed persons who work at least an average of ten 20
hours a week and receive at least a minimum wage for all hours
worked are eligible for continued child care assistance. Child
care assistance during employment must be authorized as provided
in paragraphs (c) and (d).
(c) When the caregiver works for an hourly wage and the
hourly wage is equal to or greater than the applicable minimum
wage, child care assistance shall be provided for the actual
hours of employment, break, and meal time during the employment
and travel time up to two hours per day.
(d) When the caregiver does not work for an hourly wage,
child care assistance must be provided for the lesser of:
(1) the amount of child care determined by dividing gross
earned income by the applicable minimum wage, up to one hour
every eight hours for meals and break time, plus up to two hours
per day for travel time; or
(2) the amount of child care equal to the actual amount of
child care used during employment, including break and meal time
during employment, and travel time up to two hours per day.
Sec. 34. Minnesota Statutes 1996, section 119B.11,
subdivision 1, is amended to read:
Subdivision 1. [COUNTY CONTRIBUTIONS REQUIRED.] Beginning
July 1, 1995 1997, in addition to payments from basic sliding
fee child care program participants, counties each county shall
contribute from county tax or other sources at the a fixed local
match percentage calculated according to subdivision 2 equal to
its calendar year 1996 required county contribution reduced by
the administrative funding loss that would have occurred in
state fiscal year 1996 under section 119B.15. The commissioner
shall recover funds from the county as necessary to bring county
expenditures into compliance with this subdivision.
Sec. 35. Minnesota Statutes 1996, section 119B.11, is
amended by adding a subdivision to read:
Subd. 2a. [RECOVERY OF OVERPAYMENTS.] An amount of child
care assistance paid to a recipient in excess of the payment due
is recoverable by the county agency. The overpayment must be
recovered through recoupment as identified in Minnesota Rules,
part 9565.5110, subpart 11, items A and B, if the family remains
eligible for assistance. If the family no longer remains
eligible for child care assistance, the county may choose to
initiate efforts to recover overpayments from the family for
overpayment less than $50. If the overpayment is greater than
or equal to $50, the county shall seek voluntary repayment of
the overpayment from the family. If the county is unable to
recoup the overpayment through voluntary repayment, the county
shall initiate civil court proceedings to recover the
overpayment unless the county's costs to recover the overpayment
will exceed the amount of the overpayment. A family with an
outstanding debt under this subdivision is not eligible for
child care assistance until the debt is paid in full or
satisfactory arrangements are made with the county to retire the
debt.
Sec. 36. Minnesota Statutes 1996, section 119B.11,
subdivision 3, is amended to read:
Subd. 3. [FEDERAL MONEY; STATE RECOVERY.] The commissioner
shall recover from counties any state or federal money that was
spent for persons found to be ineligible, except if the recovery
is made by a county agency using any method other than
recoupment, the county may keep 25 percent of the recovery. If
a federal audit exception is taken based on a percentage of
federal earnings, all counties shall pay a share proportional to
their respective federal earnings during the period in question.
Sec. 37. Minnesota Statutes 1996, section 119B.12, is
amended to read:
119B.12 [SLIDING FEE SCALE.]
Subdivision 1. [FEE SCHEDULE.] In setting the sliding fee
schedule, the commissioner shall exclude from the amount of
income used to determine eligibility an amount for federal and
state income and social security taxes attributable to that
income level according to federal and state standardized tax
tables. The commissioner shall base the parent fee on the
ability of the family to pay for child care. The fee schedule
must be designed to use any available tax credits.
Subd. 2. [PARENT FEE.] A family's monthly parent fee must
be a fixed percentage of its annual gross income. Parent fees
must apply to families eligible for child care assistance under
sections 119B.03 and 119B.05. Income must be as defined in
section 119B.01, subdivision 12. The fixed percent is based on
the relationship of the family's annual gross income to 100
percent of state median income. Beginning January 1, 1998,
parent fees must begin at 75 percent of the poverty level. The
minimum parent fees for families between 75 percent and 100
percent of poverty level must be $5 per month. Parent fees for
families with incomes at or above the poverty level must not
decrease due to the addition of family members after the
family's initial eligibility determination. Parent fees must be
established in rule and must provide for graduated movement to
full payment.
Sec. 38. Minnesota Statutes 1996, section 119B.13,
subdivision 1, is amended to read:
Subdivision 1. [SUBSIDY RESTRICTIONS.] Effective July 1,
1991, the maximum rate paid for child care assistance under the
child care fund is the maximum rate eligible for federal
reimbursement. The rate may not exceed the 75th percentile rate
for like-care arrangements in the county as surveyed by the
commissioner. A rate which includes a provider bonus paid under
subdivision 2 or a special needs rate paid under subdivision 3
may be in excess of the maximum rate allowed under this
subdivision. The department of children, families, and learning
shall monitor the effect of this paragraph on provider rates.
The county shall pay the provider's full charges for every child
in care up to the maximum established. The commissioner shall
determine the maximum rate for each type of care, including
special needs and handicapped care. Not less than once every
two years, the county shall evaluate rates for payment of absent
spaces and shall establish policies for payment of absent days
that reflect current market practice.
When the provider charge is greater than the maximum
provider rate allowed, the parent is responsible for payment of
the difference in the rates in addition to any family copayment
fee.
Sec. 39. Minnesota Statutes 1996, section 119B.13, is
amended by adding a subdivision to read:
Subd. 5. [PROVIDER NOTICE.] The county shall inform both
the family receiving assistance under chapter 119B and the child
care provider of the payment amount and how and when payment
will be received. If the county sends a family a notice that
child care assistance will be terminated, the county shall
inform the provider that unless the family requests to continue
to receive assistance pending an appeal, child care payments
will no longer be made. The notice to the vendor must not
contain any private data on the family or information on why
payment will no longer be made.
Sec. 40. Minnesota Statutes 1996, section 119B.13, is
amended by adding a subdivision to read:
Subd. 6. [PROVIDER PAYMENTS.] Counties shall make vendor
payments to the child care provider or pay the parent directly
for eligible child care expenses. If payments for child care
assistance are made to providers, the provider shall bill the
county for services provided within ten days of the end of the
month of service. If bills are submitted in accordance with the
provisions of subdivision 6, a county shall issue payment to the
provider of child care under the child care fund within 30 days
of receiving an invoice from the provider. Counties may
establish policies that make payments on a more frequent basis.
A county's payment policies must be included in the county's
child care plan under section 119B.08, subdivision 3.
Sec. 41. Minnesota Statutes 1996, section 119B.15, is
amended to read:
119B.15 [ADMINISTRATIVE EXPENSES.]
The commissioner shall use up to one-eleventh 1/21 of the
state and federal funds available for the basic sliding fee
program and 1/21 of the state and federal funds available for
the AFDC child care program for payments to counties for
administrative expenses.
Sec. 42. Minnesota Statutes 1996, section 119B.16,
subdivision 1, is amended to read:
Subdivision 1. [FAIR HEARING ALLOWED.] An applicant or
recipient adversely affected by a county agency action may
request a fair hearing in accordance with section 256.045,
subdivision 3.
Sec. 43. Minnesota Statutes 1996, section 119B.18, is
amended by adding a subdivision to read:
Subd. 3. [CHILD DEVELOPMENT EDUCATION AND TRAINING LOANS.]
The commissioner shall establish a child development education
and training loan program to be administered by the regional
child care resource and referral programs. The commissioner
shall establish application procedures, eligibility criteria,
terms, and other conditions necessary to make educational loans
under this section. A single applicant may not receive more
than $1,500 per year under this program. All or part of the
loan may be forgiven if the applicant continues to provide child
care services for a period of 12 months following the completion
of all courses paid for by the educational loan.
Sec. 44. Minnesota Statutes 1996, section 119B.20,
subdivision 7, is amended to read:
Subd. 7. [FACILITY IMPROVEMENT EXPENSES.] "Facility
improvement expenses" means funds for building improvements,
equipment, appropriate technology and software, toys, and
supplies needed to establish, expand, or improve a licensed
child care facility or a child care program under the
jurisdiction of the state a local board of education.
Sec. 45. Minnesota Statutes 1996, section 119B.20,
subdivision 9, is amended to read:
Subd. 9. [MINI-GRANTS TECHNICAL ASSISTANCE
AWARDS.] "Mini-grants" "Technical assistance awards" means child
care grants to family child care providers for facility
improvements that are up to $1,000. Mini-grants Awards include,
but are not limited to, improvements to meet licensing
requirements, improvements to expand a child care facility or
program, appropriate technology and software, toys and
equipment, start-up costs, staff training, and development costs.
Sec. 46. Minnesota Statutes 1996, section 119B.20,
subdivision 10, is amended to read:
Subd. 10. [RESOURCE AND REFERRAL PROGRAM.] "Resource and
referral program" means a program that provides information to
parents, including referrals and coordination of community child
care resources for parents and public or private providers of
care. It also means the agency with the duties specified in
sections 119B.18 and 119B.19. Services may include parent
education, technical assistance for providers, staff development
programs, and referrals to social services recruitment of new
providers, parent education, training, technical assistance for
providers, and referrals to social services.
Sec. 47. Minnesota Statutes 1996, section 119B.21,
subdivision 1, is amended to read:
Subdivision 1. [GRANTS ESTABLISHED.] The commissioner
shall award grants to develop child care services, including
child care service development grants for start-up and facility
improvement expenses, interim financing, resource and referral
programs, and staff training expenses, and grants for child care
resource and referral programs. Child care services service
development grants may include mini-grants family child care
technical assistance awards up to $1,000. The commissioner
shall develop a grant application form, inform county social
service agencies about the availability of child care services
grants, and set a date by which applications must be received by
the commissioner.
The commissioner may renew grants to existing resource and
referral agencies that have met state standards and have been
designated as the child care resource and referral service for a
particular geographical area. The recipients of renewal grants
are exempt from the proposal review process.
Sec. 48. Minnesota Statutes 1996, section 119B.21,
subdivision 2, is amended to read:
Subd. 2. [DISTRIBUTION OF FUNDS.] (a) The commissioner
shall allocate grant money appropriated for child care service
development among the development regions designated by the
governor under section 462.385, as follows considering the
following factors for each economic development region:
(1) 50 percent of the child care service development grant
appropriation shall be allocated to the metropolitan economic
development region; and
(2) 50 percent of the child care service development grant
appropriation shall be allocated to economic development regions
other than the metropolitan economic development region.
(b) The following formulas shall be used to allocate grant
appropriations among the economic development regions:
(1) 50 percent of the funds shall be allocated in
proportion to the ratio of children under 12 years of age in
each economic development region to the total number of children
under 12 years of age in all economic development regions; and
(2) 50 percent of the funds shall be allocated in
proportion to the ratio of children under 12 years of age in
each economic development region to the number of licensed child
care spaces currently available in each economic development
region
(1) the number of children under 13 years of age needing
child care in the service area;
(2) the geographic area served by the agency;
(3) the ratio of children under 13 years of age needing
child care to the number of licensed spaces in the service area;
(4) the number of licensed child care providers and
extended day school age child care programs in the service area;
and
(5) other related factors determined by the commissioner.
(c) (b) Out of the amount allocated for each economic
development region, the commissioner shall award grants based on
the recommendation of the grant review child care regional
advisory task force committees. In addition, the commissioner
shall award no more than 75 percent of the money either to child
care facilities for the purpose of facility improvement or
interim financing or to child care workers for staff training
expenses.
(d) (c) Any funds unobligated may be used by the
commissioner to award grants to proposals that received funding
recommendations by the advisory task force regional advisory
committees but were not awarded due to insufficient funds.
(e) (d) The commissioner may allocate grants under this
section for a two-year period and may carry forward funds from
the first year as necessary.
Sec. 49. Minnesota Statutes 1996, section 119B.21,
subdivision 3, is amended to read:
Subd. 3. [CHILD CARE REGIONAL ADVISORY COMMITTEES.] Child
care regional advisory committees shall review and make
recommendations to the commissioner on applications for family
child care technical assistance awards and service development
grants under this section. The commissioner shall appoint the
child care regional advisory committees in each governor's
economic development region. People appointed under this
subdivision must represent the following constituent groups:
family child care providers, group center providers, parent
users, health services, social services, public schools, Head
Start, employers, and other citizens with demonstrated interest
in child care issues. Members of the advisory task force with a
direct financial interest in a pending grant proposal may not
provide a recommendation or participate in the ranking of that
grant proposal. Committee members may be reimbursed for their
actual travel, child care, and child care provider substitute
expenses for up to six committee meetings per year. The child
care regional advisory committees shall complete their reviews
and forward their recommendations to the commissioner by the
date specified by the commissioner.
Sec. 50. Minnesota Statutes 1996, section 119B.21,
subdivision 4, is amended to read:
Subd. 4. [DISTRIBUTION OF FUNDS FOR CHILD CARE RESOURCE
AND REFERRAL PROGRAMS.] (a) The commissioner shall allocate
funds appropriated for child care resource and referral services
considering the following factors for each economic development
region served by the child care resource and referral agency:
(1) the number of children under 13 years of age needing
child care in the service area;
(2) the geographic area served by the agency;
(3) the ratio of children under 13 years of age needing
care to the number of licensed spaces in the service area;
(4) the number of licensed child care providers and
extended day school age child care programs in the service area;
and
(5) other related factors determined by the commissioner.
(b) The commissioner may renew grants to existing resource
and referral agencies that have met state standards and have
been designated as the child care resource and referral service
for a particular geographical area. The recipients of renewal
grants are exempt from the proposal review process.
Sec. 51. Minnesota Statutes 1996, section 119B.21,
subdivision 5, is amended to read:
Subd. 5. [PURPOSES FOR WHICH A CHILD CARE SERVICES GRANT
MAY BE AWARDED.] The commissioner may award grants for any of
the following purposes:
(1) child care service development grants for the following
purposes:
(i) for creating new licensed day care facilities and
expanding existing facilities, including, but not limited to,
supplies, equipment, facility renovation, and remodeling;
(2) (ii) for improving licensed day care facility programs,
including, but not limited to, staff specialists, staff
training, supplies, equipment, and facility renovation and
remodeling. In awarding grants for training, priority must be
given to child care workers caring for infants, toddlers, sick
children, children in low-income families, and children with
special needs;
(3) (iii) for supportive child development services
including, but not limited to, in-service training, curriculum
development, consulting specialist, resource centers, and
program and resource materials;
(4) (iv) for carrying out programs including, but not
limited to, staff, supplies, equipment, facility renovation, and
training;
(5) (v) for interim financing; and
(6) for carrying out the resource and referral program
services identified in section 119B.19, subdivision 3 (vi)
family child care technical assistance awards; and
(vii) for capacity building through the purchase of
appropriate technology and software, and staff training to
create, enhance, and maintain financial systems for facilities;
(2) child care resource and referral program services
identified in section 119B.19, subdivision 3; or
(3) targeted recruitment initiatives to expand and build
capacity of the child care system.
Sec. 52. Minnesota Statutes 1996, section 119B.21,
subdivision 6, is amended to read:
Subd. 6. [FUNDING PRIORITIES; FACILITY IMPROVEMENT AND,
INTERIM FINANCING, AND TRAINING GRANTS.] In evaluating
applications for funding and making recommendations to the
commissioner, the grant review advisory task force child care
regional advisory committees shall rank and give priority to:
(1) new programs or projects, or the expansion or
improvement of existing programs or projects in areas where a
demonstrated need for child care facilities has been shown, with
special emphasis on programs or projects in areas where there is
a shortage of licensed child care;
(2) new programs and projects, or the expansions or
enrichment of existing programs or projects that serve sick
children, infants or toddlers, children with special needs, and
children from low-income families, or parents needing child care
during nonstandard hours;
(3) unlicensed providers who wish to become licensed; and
(4) improvement of existing programs;
(5) child care programs seeking accreditation and child
care providers seeking certification; and
(6) entities that will use grant money for scholarships for
child care workers attending educational or training programs
sponsored by the entity.
Sec. 53. Minnesota Statutes 1996, section 119B.21,
subdivision 8, is amended to read:
Subd. 8. [ELIGIBLE GRANT RECIPIENTS.] Eligible recipients
of child care grants are licensed providers of child care, or
those in the process of being licensed, resource and referral
programs, or corporations or public agencies, or any combination
thereof. With the exception of mini-grants, priority for child
care grants shall be given to grant applicants as follows:
(1) public and private nonprofit agencies;
(2) employer-based child care centers;
(3) for-profit child care centers; and
(4) family day care providers.
Sec. 54. Minnesota Statutes 1996, section 119B.21,
subdivision 9, is amended to read:
Subd. 9. [GRANT MATCH REQUIREMENTS.] Child care grants for
facility improvements, interim financing, resource and referral,
and staff training and development require a 25 percent local
match by the grant applicant. A local match is not required for
a minigrant family child care technical assistance award.
Sec. 55. Minnesota Statutes 1996, section 119B.21,
subdivision 10, is amended to read:
Subd. 10. [CHILD CARE MINI-GRANTS FAMILY CHILD CARE
TECHNICAL ASSISTANCE AWARDS.] Mini-grants Technical assistance
awards for child care service development must be used by
the family child care provider grantee for facility
improvements, including, but not limited to, improvements to
meet licensing requirements, improvements to expand the
facility, toys and equipment, start-up costs, interim financing,
or staff training and development. Priority for child care
mini-grants shall be given to grant applicants as follows:
(1) family day care providers;
(2) public and private nonprofit agencies;
(3) employer-based child care centers; and
(4) for-profit child care centers.
Sec. 56. Minnesota Statutes 1996, section 119B.21,
subdivision 11, is amended to read:
Subd. 11. [ADVISORY TASK FORCE.] The commissioner
shall may convene a statewide advisory task force which shall
advise the commissioner on grants and or other child care issues.
The statewide advisory task force shall review and make
recommendations to the commissioner on child care resource and
referral grants and on statewide service development and child
care training grants. Members of the advisory task force with a
direct financial interest in a resource and referral or a
statewide training proposal may not provide a recommendation or
participate in the ranking of that grant proposal. The
following constituent groups must be represented: family child
care providers, center providers, parent users, health services,
social services, Head Start, public schools, employers, and
other citizens with demonstrated interest in child care issues.
Each regional grant review committee formed under subdivision 3,
shall appoint a representative to the advisory task
force. Additional members may be appointed by the commissioner.
The commissioner may convene meetings of the task force as
needed. Terms of office and removal from office are governed by
the appointing body. The commissioner may compensate members
for their travel, child care, and child care provider substitute
expenses for meetings of the task force. The members of the
child care advisory task force shall also meet once with the
interagency advisory committee on child care under section
256H.25.
Sec. 57. [119B.25] [CHILD CARE IMPROVEMENT GRANTS.]
Subdivision 1. [PURPOSE.] The purpose of this section is
to enhance and expand child care sites, to encourage private
investment in child care and early childhood education sites, to
promote availability of quality, affordable child care
throughout Minnesota, and to provide for cooperation between
private nonprofit child care organizations, family child care
and center providers and the department.
Subd. 2. [GRANTS.] The commissioner shall distribute money
provided by this section through a grant to a nonprofit
corporation organized to plan, develop, and finance early
childhood education and child care sites. The nonprofit
corporation must have demonstrated the ability to analyze
financing projects, have knowledge of other sources of public
and private financing for child care and early childhood
education sites, and have a relationship with the resource and
referral programs under section 119B.18. The board of directors
of the nonprofit corporation must include members who are
knowledgeable about early childhood education, child care,
development and improvement, and financing. The commissioners
of the departments of children, families, and learning and trade
and economic development, and the commissioner of the housing
finance agency shall advise the board on the loan program. The
grant must be used to make loans to improve child care or early
childhood education sites, or loans to plan, design, and
construct or expand licensed and legal unlicensed sites to
increase the availability of child care or early childhood
education. All loans made by the nonprofit corporation must
comply with section 363.03, subdivision 8.
Subd. 3. [FINANCING PROGRAM.] A nonprofit corporation that
receives a grant under this section shall use the money to:
(1) establish a revolving loan fund to make loans to
existing, expanding, and new licensed and legal unlicensed child
care and early childhood education sites;
(2) establish a fund to guarantee private loans to improve
or construct a child care or early childhood education site;
(3) establish a fund to provide forgivable loans or grants
to match all or part of a loan made under this section; and
(4) establish a fund as a reserve against bad debt.
The nonprofit corporation shall establish the terms and
conditions for loans and loan guarantees including, but not
limited to, interest rates, repayment agreements, private match
requirements, and conditions for loan forgiveness. The
nonprofit corporation shall establish a minimum interest rate
for loans to ensure that necessary loan administration costs are
covered. The nonprofit corporation may use interest earnings
for administrative expenses.
Subd. 4. [REPORTING.] A nonprofit corporation that
receives a grant under this section shall:
(1) annually report by September 30 to the commissioner the
purposes for which the money was used in the past fiscal year,
including a description of projects supported by the financing,
an account of loans made during the calendar year, the financing
program's assets and liabilities, and an explanation of
administrative expenses; and
(2) annually submit to the commissioner a copy of the
report of an independent audit performed in accordance with
generally accepted accounting practices and auditing standards.
Sec. 58. Minnesota Statutes 1996, section 121.8355,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] (a) In order to qualify as
a family services collaborative, a minimum of one school
district, one county, one public health entity, one community
action agency as defined in section 268.53, and one Head Start
grantee if the community action agency is not the designated
federal grantee for the Head Start program must agree in writing
to provide coordinated family services and commit resources to
an integrated fund. Collaboratives are expected to have broad
community representation, which may include other local
providers, including additional school districts, counties, and
public health entities, other municipalities, public libraries,
existing culturally specific community organizations, tribal
entities, local health organizations, private and nonprofit
service providers, child care providers, local foundations,
community-based service groups, businesses, local transit
authorities or other transportation providers, community action
agencies under section 268.53, senior citizen volunteer
organizations, parent organizations, parents, and sectarian
organizations that provide nonsectarian services.
(b) Community-based collaboratives composed of
representatives of schools, local businesses, local units of
government, parents, students, clergy, health and social
services providers, youth service organizations, and existing
culturally specific community organizations may plan and develop
services for children and youth. A community-based
collaborative must agree to collaborate with county, school
district, community action, and public health entities. Their
services may include opportunities for children or youth to
improve child health and development, reduce barriers to
adequate school performance, improve family functioning, provide
community service, enhance self esteem, and develop general
employment skills.
(c) Members of the governing bodies of political
subdivisions involved in the establishment of a family services
collaborative shall select representatives of the
nongovernmental entities listed in paragraph (a) to serve on the
governing board of a collaborative. The governing body members
of the political subdivisions shall select one or more
representatives of the nongovernmental entities within the
family service collaborative.
Sec. 59. Minnesota Statutes 1996, section 124.2615,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] By February
15, 1992, for the 1991-1992 school year or by January 1 of May 1
preceding subsequent school years, a district must submit to the
commissioners of children, families, and learning, and health,
human services, and economic security:
(1) a description of the services to be provided;
(2) a plan to ensure children at greatest risk receive
appropriate services;
(3) a description of procedures and methods to be used to
coordinate public and private resources to maximize use of
existing community resources, including school districts, health
care facilities, government agencies, neighborhood
organizations, and other resources knowledgeable in early
childhood development;
(4) comments about the district's proposed program by the
advisory council required by section 121.831, subdivision 7; and
(5) agreements with all participating service providers.
Each commissioner may review and comment on the program,
and make recommendations to the commissioner of children,
families, and learning, within 30 days of receiving the plan.
Sec. 60. Minnesota Statutes 1996, section 124.2615,
subdivision 2, is amended to read:
Subd. 2. [AMOUNT OF AID.] (a) A district is eligible to
receive learning readiness aid if the program plan as required
by subdivision 1 has been approved by the commissioner of
children, families, and learning. The aid is equal to:
(1) $200 for fiscal year 1992 and $300 for fiscal year 1993
times the number of eligible four-year old children residing in
the district, as determined according to section 124.2711,
subdivision 2; plus
(2) $100 for fiscal year 1992 and $300 for fiscal year 1993
times the result of;
(3) the ratio of the number of pupils enrolled in the
school district from families eligible for the free or reduced
school lunch program to the total number of pupils enrolled in
the school district; times
(4) the number of children in clause (1).
(b) For fiscal year 1994 1998 and thereafter, a district
shall receive learning readiness aid equal to:
(1) the number of eligible four-year old children in the
district times the ratio of 50 percent of the total learning
readiness aid for that year to the total number of eligible
four-year old children reported to the commissioner for that
year; plus
(2) the number of participating eligible children times the
ratio of 15 percent of the total learning readiness aid for that
year to the total number of participating eligible children for
that year; plus
(3) the number of pupils enrolled in the school district
from families eligible for the free or reduced school lunch
program times the ratio of 35 50 percent of the total learning
readiness aid for that year to the total number of pupils in the
state from families eligible for the free or reduced school
lunch program.
Sec. 61. [EARLY CHILDHOOD PROFESSIONAL DEVELOPMENT.]
The Minnesota Institute for Early Childhood Professional
Development shall make recommendations by January 15, 1998,
related to the qualifications for child care center staff and
family child care providers to the commissioners of human
services and children, families, and learning and the Minnesota
state legislature. Recommendations must be made in the
following areas:
(1) whether the procedures for licensing individuals should
be separated from the licensing of the program and physical
plant of child care centers and homes;
(2) which entity would be the most appropriate to issue
individual licenses;
(3) core competencies which are based on the age of the
children served and type of provider; and
(4) the amount of preservice training, experience, and
in-service training for child care providers.
Sec. 62. [UNIVERSAL APPLICATION FORM; BASIC SLIDING FEE
PROGRAM.]
The commissioner of children, families, and learning shall
develop a universal application form for the basic sliding fee
program. The commissioner shall make the form available to all
counties. Counties may use the universal application form to
implement a mail application process for the basic sliding fee
program.
Sec. 63. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
LEARNING.] The sums indicated in this section are appropriated
from the general fund to the department of children, families,
and learning for the fiscal years designated. The commissioner
shall encourage the use of child care dollars for the
development of collaborative partnerships with Head Start and
early childhood family education.
Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care
assistance according to Minnesota Statutes, section 119B.03:
$41,751,000 ..... 1998
$50,751,000 ..... 1999
Any balance in the first year does not cancel but is
available the second year.
Of this appropriation, the department shall allocate the
amount necessary to administer the at-home child care program
under section 22.
Subd. 3. [TANF CHILD CARE.] For child care assistance
according to Minnesota Statutes, section 119B.05:
$34,331,000 ..... 1998
$64,838,000 ..... 1999
Up to $500,000 of the fiscal year 1998 appropriation may be
used for grants under section 23.
Any balance in the first year does not cancel but is
available in the second year.
Subd. 4. [CHILD CARE ADMINISTRATION.] For administration
of child care assistance programs according to Minnesota
Statutes, sections 119B.03 and 119B.05, and development programs
according to Minnesota Statutes, section 119B.21:
$826,000 ..... 1998
$232,000 ..... 1999
Any balance in the first year does not cancel but is
available in the second year.
Of the fiscal year 1998 appropriation, $594,000 is a
one-time appropriation and is not to be added to the permanent
base.
Subd. 5. [CHILD CARE DEVELOPMENT.] For child care
development grants according to Minnesota Statutes, section
119B.21:
$5,865,000 ..... 1998
$1,865,000 ..... 1999
Of the fiscal year 1998 appropriation, up to $2,000,000 is
for the following grants:
(1) a grant to the Minnesota licensed family child care
association for statewide implementation of the family child
care mentorship model developed by the association;
(2) a grant to the Minnesota child care apprentice/mentor
program to modify the apprentice/mentor program for statewide
implementation through the child care careers program of the
community/technical college system;
(3) a grant to expand project impact, which prepares child
care providers and staff who are members of a community of
color, as that term is defined in Minnesota Statutes, section
257.076, subdivision 3, to meet or exceed the education and
experience requirements of assistant teachers, teachers, and
family day care providers in licensed child care programs;
(4) expansion of the Minnesota child care apprentice/mentor
program, which prepares child care center staff to meet or
exceed the education and experience requirements of teachers in
licensed child care centers;
(5) grants to the regional child care resource and referral
programs under Minnesota Statutes, section 119B.18, and
education and training loans made by the regional child care
resource and referral programs under the loan program
established in section 119B.18. No more than 2.5 percent of
this appropriation may be used for administration of the loan
program; and
(6) a grant to a nonprofit corporation under Minnesota
Statutes, section 119B.25. Up to five percent of the grant may
be used by the department and the nonprofit corporation to
administer the loan program including costs associated with
setting up an information system to administer child care and
early childhood education facility loans.
Presented to the governor May 15, 1997
Signed by the governor May 16, 1997, 2:20 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes