language to be deleted (2) new language
relating to early childhood; making changes to early childhood education, prevention, self-sufficiency, and lifelong learning; making changes to child care and assistance provisions;
amending Minnesota Statutes 2008, sections 119B.025, subdivision 1; 119B.09, subdivision 4; 121A.16; 121A.17, subdivision 5; 124D.141, subdivisions 1, 2; 124D.15, subdivision 12, by adding a subdivision; 124D.20, subdivision 8; Minnesota Statutes 2009 Supplement, sections 124D.10, subdivision 8; 124D.15, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
The legislature finds that early detection of children's health and developmental problems can reduce their later need for costly care, minimize their physical and educational disabilities, and aid in their rehabilitation. The purpose of sections 121A.16 to 121A.19 is to assist parents and communities in improving the health of Minnesota children and in planning educational and health programs.
The board must inform each resident family with a child eligible to participate in the developmental screening program about the availability of the program and the state's requirement that a child receive a developmental screening or provide health records indicating that the child received a comparable developmental screening from a public or private health care organization or individual health care provider not later than 30 days after the first day of attending kindergarten in a public school. A school district must inform all resident families with eligible children under age seventhat their children may receive a developmental screening conducted either by the school district or by a public or private health care organization or individual health care provider and that the screening is not required if a statement signed by the child's parent or guardian is submitted to the administrator or other person having general control and supervision of the school that the child has not been screened.
(a) A charter school shall meet all federal, state, and local health and safety requirements applicable to school districts.
(b) A school must comply with statewide accountability requirements governing standards and assessments in chapter 120B.
(c) A school sponsored by a school board may be located in any district, unless the school board of the district of the proposed location disapproves by written resolution.
(d) A charter school must be nonsectarian in its programs, admission policies, employment practices, and all other operations. A sponsor may not authorize a charter school or program that is affiliated with a nonpublic sectarian school or a religious institution. A charter school student must be released for religious instruction, consistent with section 120A.22, subdivision 12, clause (3).
(e) Charter schools must not be used as a method of providing education or generating revenue for students who are being home-schooled.
(f) The primary focus of a charter school must be to provide a comprehensive program of instruction for at least one grade or age group from five through 18 years of age. Instruction may be provided to people younger than five years and older than 18 years of age.
(g) A charter school may not charge tuition.
(h) A charter school is subject to and must comply with chapter 363A and section 121A.04.
(j) A charter school is subject to the same financial audits, audit procedures, and audit requirements as a district. Audits must be conducted in compliance with generally accepted governmental auditing standards, the Federal Single Audit Act, if applicable, and section 6.65. A charter school is subject to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and 471.425. The audit must comply with the requirements of sections 123B.75 to 123B.83, except to the extent deviations are necessary because of the program at the school. Deviations must be approved by the commissioner and authorizer. The Department of Education, state auditor, legislative auditor, or authorizer may conduct financial, program, or compliance audits. A charter school determined to be in statutory operating debt under sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.
(k) A charter school is a district for the purposes of tort liability under chapter 466.
(m) A charter school is subject to the Pledge of Allegiance requirement under section 121A.11, subdivision 3.
(n) A charter school offering online courses or programs must comply with section 124D.095.
(o) A charter school and charter school board of directors are subject to chapter 181.
(p) A charter school must comply with section 120A.22, subdivision 7, governing the transfer of students' educational records and sections 138.163 and 138.17 governing the management of local records.
Two members of the house of representatives, one appointed by the speaker and one appointed by the minority leader; and two members of the senate appointed by the Subcommittee on Committees of the Committee on Rules and Administration, including one member of the minority; and two parents with a child under age six, shall be added to the membership of the State Advisory Council on Early Education and Care. The council must fulfill the duties required under the federal Improving Head Start for School Readiness Act of 2007 as provided in Public Law 110-134.
The following duties are added to those assigned to the council under federal law:
(1) make recommendations on the most efficient and effective way to leverage state and federal funding streams for early childhood and child care programs;
(2) make recommendations on how to coordinate or colocate early childhood and child care programs in one state Office of Early Learning;
(3) review program evaluations regarding high-quality early childhood programs; and
(4) make recommendations to the governor and legislature, including proposed legislation on how to most effectively create a high-quality early childhood system in Minnesota in order to improve the educational outcomes of children so that all children are school-ready by 2020.
A school readiness program provider must:
(1) assess each child's cognitive skills with a comprehensive child assessment instrument when the child enters and again before the child leaves the program to inform program planning and parents and promote kindergarten readiness;
(2) provide comprehensive program content and intentional instructional practice aligned with the state early childhood learning guidelines and kindergarten standards and based on early childhood research and professional practice that is focused on children's cognitive, social, emotional, and physical skills and development and prepares children for the transition to kindergarten, including early literacy skills;
(3) coordinate appropriate kindergarten transition with parents and kindergarten teachers;
(4) arrange for early childhood screening and appropriate referral;
(5) involve parents in program planning and decision making;
(6) coordinate with relevant community-based services;
(7) cooperate with adult basic education programs and other adult literacy programs;
(8) ensure staff-child ratios of one-to-ten and maximum group size of 20 children with the first staff required to be a teacher; and
(9) have teachers knowledgeable in early childhood curriculum content, assessment, and instruction.
A district must adopt a sliding fee schedule based on a family's income but must waive a fee for a participant unable to pay.
(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;
(3) adult basic education programs, according to section 124D.52;
(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 124D.13; and
extended day programs, according to section 124D.19, subdivision 11.
(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.
(a) The county shall verify the following at all initial child care applications using the universal application:
(1) identity of adults;
(2) presence of the minor child in the home, if questionable;
(3) relationship of minor child to the parent, stepparent, legal guardian, eligible relative caretaker, or the spouses of any of the foregoing;
(5) immigration status, if related to eligibility;
(6) Social Security number, if given;
(8) spousal support and child support payments made to persons outside the household;
(9) residence; and
(10) inconsistent information, if related to eligibility.
(b) If a family did not use the universal application or child care addendum to apply for child care assistance, the family must complete the universal application or child care addendum at its next eligibility redetermination and the county must verify the factors listed in paragraph (a) as part of that redetermination. Once a family has completed a universal application or child care addendum, the county shall use the redetermination form described in paragraph (c) for that family's subsequent redeterminations. Eligibility must be redetermined at least every six months. If a family reports a change in an eligibility factor before the family's next regularly scheduled redetermination, the county must recalculate eligibility without requiring verification of any eligibility factor that did not change.
(c) The commissioner shall develop a redetermination form to redetermine eligibility and a change report form to report changes that minimize paperwork for the county and the participant.
Annual income of the applicant family is the current monthly income of the family multiplied by 12 or the income for the 12-month period immediately preceding the date of application, or income calculated by the method which provides the most accurate assessment of income available to the family. Self-employment income must be calculated based on gross receipts less operating expenses. Income must be recalculated when the family's income changes, but no less often than every six months. Income must be verified with documentary evidence. If the applicant does not have sufficient evidence of income, verification must be obtained from the source of the income.
Presented to the governor May 12, 2010
Signed by the governor May 14, 2010, 7:47 p.m.