1.1                          A bill for an act 
  1.2             relating to early childhood education; enacting the 
  1.3             Early Childhood Care and Education Services Act; 
  1.4             proposing coding for new law as Minnesota Statutes, 
  1.5             chapter 119C. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [119C.01] [CITATION.] 
  1.8      Sections 119C.01 to 119C.07 may be cited as the "Early 
  1.9   Childhood Care and Education Services Act." 
  1.10     Sec. 2.  [119C.02] [PURPOSE.] 
  1.11     (a) It is the purpose of the Early Childhood Care and 
  1.12  Education Services Act to coordinate a system that builds upon 
  1.13  existing early childhood education and child care programs to 
  1.14  ensure that a full continuum of programs and services are 
  1.15  available to meet the needs of young children and their families 
  1.16  in the communities where they live. 
  1.17     (b) The commissioner of children, families, and learning is 
  1.18  responsible for coordinating systemic changes in early childhood 
  1.19  care and education service delivery and administration 
  1.20  throughout the state to promote and support the healthy growth 
  1.21  and development of all children from birth to kindergarten, 
  1.22  intervene for children at risk, and promote positive outcomes 
  1.23  for children after school entrance. 
  1.24     Sec. 3.  [119C.03] [DEFINITIONS.] 
  1.25     Subdivision 1.  [SCOPE.] For the purposes of this chapter, 
  2.1   the terms defined in this section have the meanings given them. 
  2.2      Subd. 2.  [EARLY CHILDHOOD CARE AND EDUCATION.] "Early 
  2.3   childhood care and education" means the services available for 
  2.4   children from birth to kindergarten coordinated by community 
  2.5   early childhood councils to fulfill the responsibilities under 
  2.6   this chapter. 
  2.7      Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
  2.8   commissioner of children, families, and learning. 
  2.9      Subd. 4.  [COMMUNITY.] "Community" means a county, school 
  2.10  district, political subdivision, or combination. 
  2.11     Subd. 5.  [COMMUNITY PLAN.] "Community plan" means the 
  2.12  early childhood care and education plan developed by a community 
  2.13  and that meets the requirements of section 119C.07, subdivision 
  2.14  2. 
  2.15     Subd. 6.  [COMMUNITY EARLY CHILDHOOD COUNCIL.] "Community 
  2.16  early childhood council" means the group designated by the 
  2.17  county director, the public health director, the superintendent 
  2.18  of schools, the child care resource and referral agency, and the 
  2.19  Head Start grantees in the applicable geographic area to develop 
  2.20  and submit a plan for early childhood care and education under 
  2.21  section 119C.07, subdivision 2.  An authorized community early 
  2.22  childhood council must receive approval from the commissioner as 
  2.23  meeting criteria established under section 119C.05, subdivision 
  2.24  5. 
  2.25     Sec. 4.  [119C.04] [STATE EARLY CHILDHOOD CARE AND 
  2.26  EDUCATION PLAN.] 
  2.27     (a) The commissioner shall prepare and update biennially a 
  2.28  state early childhood care and education plan that includes: 
  2.29     (1) a research-based vision for Minnesota's early childhood 
  2.30  care and education system that promotes positive outcomes for 
  2.31  children; 
  2.32     (2) a description of state, federal, and community-based 
  2.33  early childhood care and education programs, priorities, 
  2.34  functions, and their relationship to the statewide vision for 
  2.35  young children and families; 
  2.36     (3) outcomes and indicators that support healthy child 
  3.1   development, and promote future success in school; 
  3.2      (4) an assessment of statewide progress toward successfully 
  3.3   supporting and improving outcomes for children and families; 
  3.4      (5) a summary of all early childhood care and education 
  3.5   community-based plans; 
  3.6      (6) a list of early childhood care and education program 
  3.7   requirements which communities have identified as unnecessarily 
  3.8   administratively burdensome; and 
  3.9      (7) a list of waivers granted under section 119C.05, 
  3.10  subdivision 2. 
  3.11     (b) Copies of the state early childhood care and education 
  3.12  plan must be submitted to the governor and the legislature on 
  3.13  January 15, 2003, and every two years thereafter, and must be 
  3.14  made available to the public.  The department shall coordinate 
  3.15  development of the early childhood care and education plan with 
  3.16  related federal plans to the extent possible. 
  3.17     Sec. 5.  [119C.05] [DUTIES OF COMMISSIONER.] 
  3.18     Subdivision 1.  [GENERAL SUPERVISION.] The commissioner 
  3.19  shall supervise the development of an integrated early childhood 
  3.20  care and education system by: 
  3.21     (1) defining a vision, mission, and outcomes and indicators 
  3.22  for an early childhood care and education system based on 
  3.23  current research; 
  3.24     (2) providing technical assistance to community early 
  3.25  childhood councils; 
  3.26     (3) developing guidelines for community-based planning; 
  3.27     (4) approving community planning processes; 
  3.28     (5) preparing the state biennial plan; 
  3.29     (6) evaluating early childhood care and education systems 
  3.30  and programs; 
  3.31     (7) distributing public funds for early childhood programs 
  3.32  and services; and 
  3.33     (8) establishing minimum administrative and service 
  3.34  guidelines and standards. 
  3.35     Subd. 2.  [REVIEW OF ADMINISTRATIVE REQUIREMENTS.] The 
  3.36  commissioner shall, as requested by community early childhood 
  4.1   councils, review laws under the jurisdiction of the commissioner 
  4.2   including, but not limited to, chapters 119A, 119B, and 124D.  
  4.3   The commissioner shall also review rule requirements and, with 
  4.4   the approval of the board of government innovation and 
  4.5   cooperation under section 465.796, may waive burdensome rule 
  4.6   requirements if statutory and rule requirements can be met in 
  4.7   another way and the waiver simplifies or consolidates program 
  4.8   requirements or funding, or emphasizes outcomes rather than 
  4.9   procedures.  In determining the reasonableness of the 
  4.10  requirements, the commissioner shall consider the needs the 
  4.11  service was developed to address and the adequacy of the 
  4.12  federal, state, and local funding available to provide the 
  4.13  service.  The waiver authority under this subdivision does not 
  4.14  permit the commissioner to waive rule requirements involving:  
  4.15  client protections; due process; inclusion of clients, parents, 
  4.16  cultures, and ethnicity in decision making; or requirements of 
  4.17  federal laws or rules. 
  4.18     Subd. 3.  [EARLY CHILDHOOD CARE AND EDUCATION 
  4.19  INVESTMENTS.] (a) The commissioner shall establish a system for 
  4.20  public early childhood care and education investments that:  
  4.21     (1) allows equitable distribution of public funds to a 
  4.22  community; 
  4.23     (2) supports increased local decision making; 
  4.24     (3) reduces barriers that inhibit integration of early 
  4.25  childhood care and education services; and 
  4.26     (4) recognizes need and risk factors that impact children's 
  4.27  learning. 
  4.28     (b) Funding for services provided to a community under 
  4.29  sections 119A.52, 124D.13, and 124D.15 must be determined 
  4.30  according to the funding formulas and distributed as identified 
  4.31  in applicable program laws and rules.  Notwithstanding existing 
  4.32  law governing allocation of funds to local programs, mode of 
  4.33  service delivery, program planning, traditional geographic 
  4.34  boundaries, and other procedural requirements for early 
  4.35  childhood care and education programs under the jurisdiction of 
  4.36  the commissioner, a community early childhood council may elect 
  5.1   to integrate all or a portion of funding available through these 
  5.2   programs under an integrated funding and service plan, if all 
  5.3   conditions specified under this section are met. 
  5.4      (c) A consolidated early childhood care and education 
  5.5   funding account is established under the control of the 
  5.6   commissioner of children, families, and learning.  The purpose 
  5.7   of this account is to clearly identify and provide 
  5.8   accountability for funding allocated beginning July 1, 2001, and 
  5.9   specifically identified to support integrated early childhood 
  5.10  care and education planning and service delivery under the Early 
  5.11  Childhood Care and Education Services Act.  Funds allocated to 
  5.12  the early childhood care and education services account shall be 
  5.13  designated as "universal," "at-risk," and "demonstration 
  5.14  project," and shall be allocated to communities in accordance 
  5.15  with the formula or aid distribution requirements identified in 
  5.16  section 119C.06. 
  5.17     Subd. 4.  [EARLY CHILDHOOD COUNCIL APPROVAL.] The 
  5.18  commissioner may approve community early childhood councils that 
  5.19  are designated by the county directors, the superintendent of 
  5.20  schools, the public health director, the child care resource and 
  5.21  referral agency, and Head Start grantees.  Each community early 
  5.22  childhood council must: 
  5.23     (1) represent a designated geographic area that is not 
  5.24  represented by another approved community early childhood 
  5.25  council; 
  5.26     (2) establish a .. member advisory committee composed of at 
  5.27  least 40 percent parents and family members of children who are 
  5.28  not yet in kindergarten and who represent the economic, 
  5.29  geographic, and cultural diversity of the community, as well as 
  5.30  other key community members; and 
  5.31     (3) actively engage the advisory committee in advising 
  5.32  development, implementing and tracking the progress under the 
  5.33  early childhood care and education plan, and integrating service 
  5.34  delivery with other early childhood and family services within 
  5.35  the community. 
  5.36     Subd. 5.  [PLAN APPROVAL.] The commissioner shall certify 
  6.1   whether the community early childhood care and education plan 
  6.2   submitted by the community early childhood council, pursuant to 
  6.3   section 119C.07, fulfills the purposes and requirements of state 
  6.4   and federal law, and the rules of the agency within 120 days of 
  6.5   plan submission.  The commissioner shall distribute funds and 
  6.6   provide support necessary to implement approved early childhood 
  6.7   care and education plans.  If the early childhood care and 
  6.8   education plan is not approved, technical assistance will be 
  6.9   made available to communities to assist in fulfilling the 
  6.10  purposes and requirements of the plan. 
  6.11     Subd. 6.  [DEMONSTRATION PROJECT.] (a) The commissioner may 
  6.12  establish demonstration projects under this section to model 
  6.13  effective practices that build on local strengths, needs, 
  6.14  priorities, and resources, and test alternatives to existing 
  6.15  state requirements.  Demonstration projects may be developed to 
  6.16  demonstrate alternative methods for early childhood care and 
  6.17  education planning and service delivery, target public resources 
  6.18  to leverage private resources, and improve outcomes for children 
  6.19  and families. 
  6.20     (b) For purposes of the demonstration project, the 
  6.21  commissioner shall, at the request of an approved community 
  6.22  early childhood council: 
  6.23     (1) allow participating communities to meet individual 
  6.24  early childhood program planning requirements by submitting one 
  6.25  comprehensive early childhood care and education plan, unless a 
  6.26  separate plan is necessary to comply with federal regulations or 
  6.27  maintain federal financial participation; 
  6.28     (2) consider requests for and grant waivers as allowed 
  6.29  under subdivision 2; and 
  6.30     (3) provide technical assistance to an early childhood 
  6.31  council to develop an early childhood care and education plan 
  6.32  that describes strategies to be used to target resources to 
  6.33  children at risk and support achievement of positive outcomes 
  6.34  for all children and families in the community, and the method 
  6.35  used to evaluate performance under the community plan. 
  6.36     (c) The commissioner may rescind the waiver of the rule 
  7.1   requirements or approval of demonstration projects if the 
  7.2   community early childhood council does not meet the conditions 
  7.3   in the demonstration project proposal as approved by the 
  7.4   commissioner. 
  7.5      (d) The demonstration projects must be completed within 
  7.6   three years of approving the initial plan. 
  7.7      (e) The commissioner shall evaluate the results of the 
  7.8   demonstration projects.  If the results of the demonstration 
  7.9   projects indicate that the alternative method of delivering 
  7.10  early childhood care and education services more effectively 
  7.11  targets public resources to support positive outcomes for 
  7.12  children and families, the commissioner may amend or repeal the 
  7.13  appropriate rule requirements under chapter 14.  If the 
  7.14  requirement is specified in statute, the commissioner shall 
  7.15  recommend legislative changes in the biennial state plan under 
  7.16  section 119C.04. 
  7.17     Subd. 7.  [ADDITIONAL DUTIES.] The commissioner shall also: 
  7.18     (1) coordinate other categorical early childhood care and 
  7.19  education grant applications and plans required of communities 
  7.20  so that the applications and plans are included in and are 
  7.21  consistent with the timetable and other requirements for the 
  7.22  early childhood care and education planning process; 
  7.23     (2) provide training, technical assistance, and other 
  7.24  support services to community early childhood councils to assist 
  7.25  in needs assessment, planning, implementing, and monitoring 
  7.26  early childhood care and education services in the communities; 
  7.27     (3) design and implement a method of monitoring and 
  7.28  evaluating early childhood care and education, including site 
  7.29  standards, guidelines, and the community and state plans; 
  7.30     (4) specify requirements for reports and plans, including 
  7.31  fiscal and program reports that support outcome measurement and 
  7.32  account for aid distributed under chapter 124D, funds under 
  7.33  chapter 119B, early childhood special education funding, Head 
  7.34  Start funding, and other early childhood care and education 
  7.35  expenditures and activities; and 
  7.36     (5) request waivers from federal programs as necessary and 
  8.1   allowed under federal regulations to implement this section. 
  8.2      Sec. 6.  [119C.06] [DISTRIBUTION OF FUNDS.] 
  8.3      Subdivision 1.  [DISTRIBUTION OF FUNDING.] The commissioner 
  8.4   shall distribute funding intended to be used on a statewide 
  8.5   basis for community early childhood care and education services 
  8.6   to each community based on the formula in subdivision 2.  When 
  8.7   funding is available for demonstration projects, the 
  8.8   commissioner shall establish grant agreements with communities 
  8.9   selected to participate in the demonstration. 
  8.10     Subd. 2.  [FORMULA.] The commissioner shall allocate 
  8.11  statewide funding intended for community early childhood care 
  8.12  and education aids to each community in an amount as follows: 
  8.13     (1) when funds to be distributed are intended for services 
  8.14  to meet the needs of all families with young children in the 
  8.15  community, funding shall be allocated to communities on the 
  8.16  basis of the number of children under age five, as reported in 
  8.17  the 2000 census, for fiscal years 2002 and 2003, and in the 
  8.18  following years as updated by the United States Census Bureau's 
  8.19  intercensal estimates; and 
  8.20     (2) when funds are available to be distributed and are 
  8.21  intended for services to meet the needs of children in the 
  8.22  community who are developmentally disadvantaged or experiencing 
  8.23  risk factors that could impede school readiness, funding shall 
  8.24  be allocated to communities on the basis of the number of 
  8.25  children in poverty, as reported in the 2000 census, for fiscal 
  8.26  years 2002 and 2003, and in the following years as updated by 
  8.27  the United States Census Bureau's intercensal estimates. 
  8.28     Subd. 3.  [USE OF FUNDS.] General population, at-risk, and 
  8.29  demonstration project funding may be spent for programs and 
  8.30  services identified in approved community plans without regard 
  8.31  to allocation restrictions identified in subdivision 1.  Each 
  8.32  community may use up to five percent of the total amount of 
  8.33  general population revenue and at-risk funding it receives under 
  8.34  the Early Childhood Care and Education Services Act for 
  8.35  administration. 
  8.36     Subd. 4.  [UNUTILIZED FUNDS.] The commissioner shall 
  9.1   annually review the use of community allocations and, pursuant 
  9.2   to the formulas under subdivision 2, reallocate unused funds 
  9.3   among those communities who have expended more than their 
  9.4   allocation. 
  9.5      Subd. 5.  [INAPPROPRIATE EXPENDITURES.] Beginning in 
  9.6   calendar year 2002, the distribution of funds provided for in 
  9.7   subdivision 2 shall be reduced by an amount equal to early 
  9.8   childhood care and education service funds allocated pursuant to 
  9.9   subdivision 2 in the immediately preceding year which have been 
  9.10  spent for purposes other than early childhood care and 
  9.11  education.  Reduction of funding due to inappropriate 
  9.12  expenditures must not result in reduction of early childhood 
  9.13  care and education services to families. 
  9.14     Subd. 6.  [SUPPLANTATION.] Funding available under the 
  9.15  Early Childhood Care and Education Services Act may not be used 
  9.16  to supplant existing public and private resources available to 
  9.17  support early childhood care and education in the community. 
  9.18     Sec. 7.  [119C.07] [DUTIES OF COMMUNITY EARLY CHILDHOOD 
  9.19  COUNCIL.] 
  9.20     Subdivision 1.  [RESPONSIBILITIES.] The community early 
  9.21  childhood council shall be responsible for planning, 
  9.22  recommending distribution of funding, and monitoring the 
  9.23  effectiveness of the community plan for early childhood care and 
  9.24  education programs and services.  The authority and 
  9.25  responsibilities of community early childhood councils under 
  9.26  this section shall include: 
  9.27     (1) assessing the needs of families and children in the 
  9.28  community; 
  9.29     (2) assessing the community's current capacity to address 
  9.30  early childhood care and education needs of children from birth 
  9.31  to kindergarten entrance; 
  9.32     (3) developing a plan for investing public and private 
  9.33  resources in early childhood care and education programs and 
  9.34  services that support positive outcomes for all families and 
  9.35  ensure necessary support for children affected by risk factors 
  9.36  that could impede school readiness; 
 10.1      (4) developing strategies to promote development of service 
 10.2   models that support positive outcomes for children and families; 
 10.3      (5) developing agreements among partners defining roles and 
 10.4   responsibilities; 
 10.5      (6) recommending distribution of funds according to the 
 10.6   plan; and 
 10.7      (7) participating in an ongoing evaluation of the plan in 
 10.8   relation to outcomes for children and families. 
 10.9      Subd. 2.  [COMMUNITY PLAN.] Each approved community early 
 10.10  childhood council shall prepare a community early childhood care 
 10.11  and education plan and shall update the plan biennially.  The 
 10.12  community plan must include: 
 10.13     (1) a description of the services to be provided in the 
 10.14  community and their relationship to the identified needs of the 
 10.15  population; 
 10.16     (2) a description of the strategies to ensure that children 
 10.17  at greatest risk receive appropriate services; 
 10.18     (3) a description of the existing community resources, 
 10.19  including funding from public and private resources that will be 
 10.20  used for early childhood care and education; 
 10.21     (4) a description of procedures and methods to be used to 
 10.22  coordinate public and private resources and maximize use of 
 10.23  existing community resources including, but not limited to, 
 10.24  school districts, health care facilities, child care providers, 
 10.25  government agencies, and neighborhood organizations; 
 10.26     (5) recommendations for funding distribution; and 
 10.27     (6) agreements with all participating service providers. 
 10.28     Subd. 3.  [SCHEDULE OF FEES.] The early childhood council 
 10.29  may establish a communitywide schedule of fees to be charged to 
 10.30  recipients of early childhood care and education services when a 
 10.31  communitywide fee schedule is established.  The fee schedule 
 10.32  shall consider a client's ability to pay for services and the 
 10.33  schedule shall be included as a part of the community's early 
 10.34  childhood care and education plan.  Payment for services, in 
 10.35  whole or in part, may be accepted from any person except that no 
 10.36  fee may be charged to persons or families whose adjusted gross 
 11.1   household income is below the federal poverty level.  Services 
 11.2   provided to young children with disabilities and their families 
 11.3   as documented in an individual family support plan, individual 
 11.4   education plan, or individual interagency intervention plan as 
 11.5   part of the child's free appropriate public education must be 
 11.6   provided at no cost to the family.  Services provided for child 
 11.7   care assistance under chapter 119B must be provided in 
 11.8   accordance with the statewide fee schedule established by the 
 11.9   commissioner.  When services are provided to any person, 
 11.10  including a recipient of aid administered by the federal, state, 
 11.11  or county government, payment of any charges due may be billed 
 11.12  to and accepted from a public assistance agency or from any 
 11.13  public or private corporation. 
 11.14     Subd. 4.  [PLAN SUBMISSION.] Upon final approval of the 
 11.15  plan by the community early childhood care and education 
 11.16  advisory committee, the plan shall be submitted to the 
 11.17  commissioner. 
 11.18     Subd. 5.  [PLAN AMENDMENT.] The community early childhood 
 11.19  council may amend its plan when changes are made in accordance 
 11.20  with the public input requirements under this chapter.  The 
 11.21  commissioner shall consider the effect of the proposed amendment 
 11.22  in relation to the original plan when granting approval of the 
 11.23  amendment. 
 11.24     Subd. 6.  [REPORTING BY COMMUNITIES.] Beginning in calendar 
 11.25  year 2002, each service provider who receives funding as 
 11.26  recommended by the community early childhood council shall 
 11.27  submit to the commissioner data required by the commissioner.