2005 Minnesota Statutes

CHAPTER 119A. Department of education; programs

    119A.01 Subdivision 1. Repealed, 2003 c 130 s 13 

    Subd. 2. Renumbered 120A.02, paragraph (a) 

    Subd. 3. Repealed, 2005 c 98 art 2 s 18 

     119A.02 Definitions. 

    Subdivision 1.    Application.  The definitions in this 
 section apply to this chapter. 

    Subd. 2.    Commissioner.  "Commissioner" means the 
 commissioner of education. 

    Subd. 3.    Department.  "Department" means the 
 Department of Education. 

    Subd. 4.    Local grantee.  "Local grantee" means a 
 local unit of government or an agency or organization that 
 receives funds under section 119A.04. 

    HIST: 1Sp1995 c 3 art 16 s 2; 2003 c 130 s 3,4 

     119A.03 Commissioner. 

    Subdivision 1.    General.  The department is under the 
 administrative control of the commissioner.  The commissioner is 
 appointed by the governor with the advice and consent of the 
 senate.  The commissioner must possess broad knowledge and 
 experience in strengthening children and families.  The 
 commissioner has the general powers as provided in section 
 15.06, subdivision 6. 

    The commissioner's salary must be established according to 
 the procedure in section 15A.0815, in the same range as that 
 specified for the commissioner of finance. 

    Subd. 2.    Duties of commissioner.  The commissioner 
 shall: 

    (1) identify measurable outcomes by which programs 
 administered by the department will be evaluated at the state 
 and local level; 

    (2) develop linkages with other state departments to ensure 
 coordination and consistent state policies promoting healthy 
 development of children and families; 

    (3) prepare, in consultation with the Children's Cabinet 
 and affected parties, prior to July 1 of each year, guidelines 
 governing planning, reporting, and other procedural requirements 
 necessary to administer this chapter; 

    (4) facilitate inclusive processes when designing or 
 implementing guidelines and strategies to achieve agency goals 
 for children and families listed in section 119A.01, subdivision 
 3; 

    (5) facilitate intergovernmental and public-private 
 partnership strategies necessary to implement this chapter; 

    (6) submit to the federal government, or provide assistance 
 to local governments and organizations in submitting, where 
 appropriate and feasible, requests for federal waivers or 
 recommendations for changes in federal law necessary to carry 
 out the purposes of this chapter; 

    (7) coordinate review of all plans and other documents 
 required under the guidelines provided for in clause (3); 

    (8) coordinate development of the management support system 
 components required for implementation of this chapter; 

    (9) review other programs serving children and families to 
 determine the feasibility for transfer to the Department of 
 Education or the feasibility of inclusion in the funding 
 consolidation process; and 

    (10) monitor local compliance with this chapter. 

    HIST: 1Sp1995 c 3 art 16 s 3; 2Sp1997 c 3 s 18; 1999 c 86 art 
 1 s 27; 2003 c 130 s 12 

     119A.04 Transfers from other agencies. 

    Subdivision 1.    Department of Education.  The powers 
 and duties of the Department of Education with respect to the 
 following programs are transferred to the Department of Human 
 Services under section 15.039.  The programs needing federal 
 approval to transfer shall be transferred when the federal 
 government grants transfer authority to the commissioner: 

    (1) children's trust fund under sections 256E.20 to 
 256E.27; 

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

    (3) the child care programs under sections 119B.011 to 
 119B.16; 

    (4) the migrant child care program under section 256.01; 

    (5) the child care resource and referral program under 
 sections 119B.19 and 119B.211; and 

    (6) the child care service development program under 
 sections 119B.189 to 119B.24. 

    Subd. 2.    Department of Employment and Economic 
 Development.  The powers and duties of the Department of 
 Employment and Economic Development with respect to the 
 following programs are transferred to the Department of 
 Education under section 15.039 on July 1, 1997:  (1) the Head 
 Start program, including Project Cornerstone, under sections 
 119A.50 to 119A.54; and (2) community action agency programs and 
 financial assistance under sections 256E.30 and 256E.32. 

    Subd. 3.    Office of Strategic and Long-Range Planning. 
  The powers and duties of the Office of Strategic and 
 Long-Range Planning with respect to the following programs are 
 transferred to the Department of Education under section 
 15.039.  The programs needing federal approval to transfer shall 
 be transferred when the federal government grants transfer 
 authority to the commissioner: 

    (1) the information redesign project under section 4A.01; 

    (2) the action for children activity under section 4A.01; 

    (3) the teen pregnancy prevention program under section 
 4A.01; and 

    (4) the Minnesota children's initiative project under 
 section 4A.01. 

    Subd. 4.    Department of Corrections.  The powers and 
 duties with respect to the following program is transferred to 
 the Department of Education under section 15.039:  child abuse 
 and child victims services under chapter 611A. 

    Subd. 5. Repealed, 1999 c 216 art 2 s 29; 1999 c 241 art 
 10 s 9 

    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 section 256E.25, 
 subdivision 5a, transferred from the Department of Employment 
 and Economic Development, may not be used to replace, 
 supplement, or supplant federal or state appropriations for any 
 other program in the department. 

    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 Employment and Economic Development after January 
 1, 1997. 

    HIST: 1Sp1995 c 3 art 16 s 4,13; 1997 c 7 art 1 s 42; 1997 c 
 162 art 3 s 2,3; 1Sp1997 c 5 s 30; 1998 c 397 art 11 s 3; 1999 c 
 205 art 5 s 21; 2000 c 260 s 18; 2003 c 130 s 12; 2004 c 206 s 
 52; 2005 c 98 art 1 s 24 

     119A.05 Funding consolidation. 

    Subdivision 1.    Authority for funding consolidation.  
 Notwithstanding existing law governing allocation of funds by 
 local grantees, mode of service delivery, grantee planning and 
 reporting requirements, and other procedural requirements for 
 the grant programs identified in this section, a local grantee 
 may elect to consolidate all or a portion of funding received 
 from the programs under subdivision 5 in a collaboration funding 
 plan, if all conditions specified in this section are 
 satisfied.  County boards, school boards, or governing boards of 
 other grantees may elect not to consolidate funding for a 
 program.  

    For grantees electing consolidation, the commissioner may 
 waive all provisions of rules inconsistent with the intent of 
 this section.  This waiver authority does not apply to rules 
 governing client protections, due process, or inclusion of 
 clients, parents, cultures, and ethnicities in decision making.  
 Funding to a local grantee must be determined according to the 
 funding formulas or allocation rules governing the individual 
 programs listed in section 119A.04. 

    Subd. 2.    Account.  A consolidated funding account is 
 established under the control of the commissioner of education.  
 The purpose of this account is to clearly identify and provide 
 accountability for funds previously distributed to local 
 grantees through the individual categorical grant programs in 
 subdivision 5.  By direction of the commissioner, after 
 consultation with the partnership planning team and, upon a 
 finding that the conditions specified in this section have been 
 satisfied, funds must be transmitted to this account and 
 allocated to local grantees by the commissioner. 

    Subd. 3.    Eligibility; accountability.  To be eligible 
 to receive funding for local consolidation, as provided for in 
 this section, a grantee must meet the following requirements:  

    (1) demonstrate participation by counties and schools in a 
 local collaborative process as defined in section 124D.23 or in 
 a similar process of collaboration with other local governments 
 and community organizations which satisfies the governance and 
 planning guidelines published by the commissioner as provided 
 for in this section; 

    (2) document consultation by counties and schools with 
 community action agencies and other community groups; 

    (3) complete and document, according to guidelines 
 published by the commissioner, a collaborative planning process 
 which clearly identifies:  

    (i) allocation of resources in the collaboration annual 
 funding plan; 

    (ii) a description of the governance structure for the 
 execution of the funding plan; 

    (iii) outcomes consistent with the statewide goals 
 identified in this chapter and in statutes governing previous 
 categorical funding included in the collaboration funding plan; 
 and 

    (iv) indicators sufficient to measure improvement or 
 decline in specified outcomes compared to baseline performance; 

    (4) conduct a public hearing on the funding consolidation 
 plan under chapter 13D; 

    (5) agree to periodically report information concerning 
 progress in addressing outcomes, as provided for in guidelines 
 to be published by the commissioner; and 

    (6) execute a written agreement between the commissioner 
 and the local grantees setting forth responsibilities, 
 obligations, and conditions consistent with this section.  The 
 agreement must state that the funds that are being locally 
 consolidated will be used collectively only to achieve the 
 objectives of the separate programs being locally consolidated.  

    Subd. 4.    Geographic area.  The geographic area for a 
 local consolidated funding process must be an entire county, a 
 multicounty area, or, with the approval of the county board and 
 commissioner, a subcounty area, if county funds are used.  The 
 process may provide for coordination of service delivery in 
 jurisdictions that extend across county boundaries. 

    Subd. 5.    Programs included.  Grant programs 
 transferred to the department in Minnesota Statutes 2003, 
 section 119A.04, and programs transferred from the abolished 
 Department of Education under Laws 1995, First Special Session 
 chapter 3, article 16, section 11, are eligible for local 
 funding consolidation.  Eligibility of any federally funded 
 programs for local funding consolidation is conditioned upon 
 obtaining necessary federal waivers or changes in federal law. 

    Subd. 6.    Entry into program.  Grantees who meet all 
 requirements of this section may elect to begin using funding 
 for a local consolidated funding process beginning January 1, 
 1996, or at each six-month interval.  Other local grantees that 
 meet all requirements of this section may elect to begin using 
 funding for a local consolidation funding process beginning July 
 1, 1996, or at each six-month interval. 

    Subd. 7.    Sanctions.  If the commissioner finds that a 
 grantee has failed to comply with this section, the grantee 
 becomes subject to all requirements of individual grant programs 
 as specified in statutes and rules. 

    HIST: 1Sp1995 c 3 art 16 s 5; 1998 c 397 art 11 s 3; 2003 c 
 130 s 12; 2004 c 228 art 1 s 28 

NEIGHBORHOOD-BASED SERVICES

     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 124D.23 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 
 underachieving 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.  

    HIST: 1997 c 162 art 2 s 2; 1998 c 397 art 11 s 3 

CHILDREN'S TRUST FUND FOR PREVENTION OF CHILD ABUSE

  119A.10 Renumbered 256E.20 

  119A.11 Renumbered 256E.21 

  119A.12 Renumbered 256E.22 

    119A.13 Subdivision 1. Repealed, 1Sp2001 c 3 art 2 s 
 18 

    Subd. 2. Repealed, 1Sp2001 c 3 art 2 s 18 

    Subd. 3. Repealed, 1Sp2001 c 3 art 2 s 18 

    Subd. 4. Renumbered 119A.12, subd 7 

    119A.14 Subdivision 1. Renumbered 256E.24 

    Subd. 2. Repealed, 1Sp2001 c 3 art 2 s 18 

  119A.15 Renumbered 256E.25 

  119A.16 Renumbered 256E.26 

  119A.17 Renumbered 256E.27 

ABUSED CHILD PROGRAM

  119A.20 Repealed, 2005 c 98 art 2 s 18 

  119A.21 Repealed, 2005 c 98 art 2 s 18 

  119A.22 Repealed, 2005 c 98 art 2 s 18 

  119A.23 Repealed, 1Sp2001 c 3 art 2 s 18 

  119A.25 Renumbered 299A.291 

  119A.26 Renumbered 299A.292 

  119A.27 Renumbered 299A.293 

    119A.28 Subdivision 1. Renumbered 299A.294, 
 subdivision 1 

    Subd. 2. Renumbered 299A.294, subd 2 

    Subd. 3. Renumbered 299A.294, subd 3 

    Subd. 4. Repealed, 1999 c 86 art 1 s 83 

  119A.29 Renumbered 299A.295 

  119A.30 Repealed, 1997 c 239 art 3 s 25 

    119A.31 Subdivision 1. Renumbered 
 299A.296, subdivision 1 

    Subd. 2. Renumbered 299A.296, subd 2 

    Subd. 3. Repealed, 1999 c 86 art 1 s 83 

  119A.32 Renumbered 299A.297 

  119A.33 Renumbered 299A.298 

  119A.34 Renumbered 299A.299 

  119A.35 Repealed, 2005 c 98 art 2 s 18 

FAMILY VISITATION CENTERS

     119A.37 Grants for parenting time centers. 

    Subdivision 1.    Purpose.  The commissioner shall issue 
 a request for proposals from existing local nonprofit, 
 nongovernmental, or governmental organizations, to use existing 
 local facilities as parenting time centers which may also be 
 used for parenting time exchanges.  The commissioner shall award 
 grants in amounts up to $50,000 for the purpose of creating or 
 maintaining parenting time centers in an effort to reduce 
 children's vulnerability to violence and trauma related to 
 parenting time, where there has been a history of domestic 
 violence or abuse within the family.  The commissioner shall 
 award the grants to provide the greatest possible number of 
 parenting time centers and to locate them to provide for the 
 broadest possible geographic distribution of the centers 
 throughout the state.  

    Each parenting time center must use existing local 
 facilities to provide a healthy interactive environment for 
 parents who are separated or divorced and for parents with 
 children in foster homes to visit with their children.  The 
 centers must be available for use by district courts who may 
 order parenting time to occur at a parenting time center.  The 
 centers may also be used as drop-off sites, so that parents who 
 are under court order to have no contact with each other can 
 exchange children for parenting time at a neutral site.  Each 
 center must provide sufficient security to ensure a safe 
 parenting time environment for children and their parents.  A 
 grantee must demonstrate the ability to provide a 25 percent 
 local match, which may include in-kind contributions. 

    Subd. 2.    County involvement.  Each county or group of 
 counties is encouraged to provide supervised parenting time 
 services in an effort to fill the gap in the court system that 
 orders supervised parenting time but does not provide a center 
 to accomplish the supervised parenting time as ordered.  Each 
 county or group of counties is encouraged to either financially 
 contribute to an existing parenting time center in the area, or 
 establish a new center if there is not one in the area, possibly 
 through county social services.  In creating a new center, the 
 county may collaborate with other counties, other parenting time 
 centers, family services collaboratives, court services, and any 
 other entity or organization.  The goal is to provide parenting 
 time centers statewide.  The county shall apply for funding that 
 may be available through the federal government, specifically 
 for family preservation or family reunification purposes, or any 
 other source of funding that will aid in developing and 
 maintaining this vital service. 

    Subd. 3.    Funding.  The commissioner may award grants 
 to create or maintain parenting time centers. 

    In awarding grants to maintain a parenting time center, the 
 commissioner may award a grant to a center that can demonstrate 
 a 25 percent local match, provided the center is diligently 
 exploring and pursuing all available funding options in an 
 effort to become self-sustaining, and those efforts are reported 
 to the commissioner. 

    In awarding grants to create a parenting time center, the 
 commissioner shall give priority to: 

    (1) areas of the state where no other parenting time center 
 or similar facility exists; 

    (2) applicants who demonstrate that private funding for the 
 center is available and will continue; and 

    (3) facilities that are adapted for use to care for 
 children, such as day care centers, religious institutions, 
 community centers, schools, technical colleges, parenting 
 resource centers, and child care referral services.  

    In awarding grants to create or maintain a parenting time 
 center, the commissioner shall require the proposed center to 
 meet standards developed by the commissioner to ensure the 
 safety of the custodial parent and children. 

    Subd. 4.    Additional services.  Each parenting time 
 center may provide parenting and child development classes, and 
 offer support groups to participating custodial parents and hold 
 regular classes designed to assist children who have experienced 
 domestic violence and abuse.  Each parenting time center must 
 have available an individual knowledgeable about or experienced 
 in the provision of services to battered women and domestic 
 abuse victims on its staff, its board of directors, or otherwise 
 available to it for consultation. 

    Subd. 5.    Administration.  In administering the grants 
 authorized by this section, the commissioner shall ensure that 
 the term "parenting time center" is used in all future 
 applications, publicity releases, requests for proposals, and 
 other materials of like nature.  Materials published prior to 
 the enactment of this legislation which use different terms may 
 be distributed by the commissioner until supplies are gone. 

    HIST: 1992 c 571 art 10 s 17; 1995 c 207 art 4 s 21; 1997 c 
 203 art 5 s 37; 1997 c 239 art 7 s 2,3; 2000 c 444 art 2 s 2; 
 2000 c 445 art 2 s 5; 2002 c 379 art 1 s 40 

COMMUNITY ACTION AGENCIES

  119A.374 Renumbered 256E.30 

  119A.375 Renumbered 256E.31 

  119A.376 Renumbered 256E.32 

ASSISTANCE PROGRAMS

  119A.40 Renumbered 216C.263 

  119A.41 Renumbered 216C.264 

  119A.42 Renumbered 216C.265 

  119A.425 Renumbered 216C.266 

  119A.43 Renumbered 256E.33 

  119A.44 Renumbered 256E.34 

  119A.445 Renumbered 256E.35 

EARLY CHILDHOOD FACILITIES

     119A.45 Early childhood learning and child protection 
  facilities. 

    The commissioner may make grants to state agencies and 
 political subdivisions to construct or rehabilitate facilities 
 for early childhood programs, with priority to centers in 
 counties or municipalities with the highest percentage of 
 children living in poverty.  The commissioner may also make 
 grants to state agencies and political subdivisions to construct 
 or rehabilitate facilities for crisis nurseries or parenting 
 time centers.  The facilities must be owned by the state or a 
 political subdivision, but may be leased under section 16A.695 
 to organizations that operate the programs.  The commissioner 
 must prescribe the terms and conditions of the leases.  A grant 
 for an individual facility must not exceed $200,000 for each 
 program that is housed in the facility, up to a maximum of 
 $500,000 for a facility that houses three programs or more.  
 Programs include Head Start, early childhood and family 
 education programs, and other early childhood intervention 
 programs.  The commissioner must give priority to grants that 
 involve collaboration among sponsors of programs under this 
 section and may give priority to projects that collaborate with 
 child care providers, including all-day and school-age child 
 care programs, special needs care, sick child care, 
 nontraditional hour care, and programs that include services to 
 refugee and immigrant families.  The commissioner may give 
 priority to grants for programs that will increase their child 
 care workers' wages as a result of the grant.  If there is work 
 that is appropriate for youthbuild, as mutually agreed upon by 
 the grantee and the local youthbuild program, considering safety 
 and skills needed, and if it is demonstrated by youthbuild that 
 using youthbuild will not increase the overall cost of the 
 project, then priority must be given to grants for programs that 
 utilize youthbuild under sections 116L.361 to 116L.366 for at 
 least 25 percent of each grant awarded or $50,000, whichever is 
 less, of the labor portion of the construction.  Eligible 
 programs must consult with appropriate labor organizations to 
 deliver education and training.  State appropriations must be 
 matched on a 50 percent basis with nonstate funds.  The matching 
 requirement must apply programwide and not to individual grants. 

    HIST: 1998 c 273 s 9; 1999 c 86 art 1 s 29; 1999 c 205 art 1 s 
 2; 2000 c 444 art 2 s 3; 2000 c 492 art 1 s 47; 2002 c 380 art 6 
 s 1; 2004 c 206 s 52 

LEAD ABATEMENT PROGRAM

     119A.46 Lead abatement program. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 section 144.9501 and in this subdivision apply to this section. 

    (b) "Eligible organization" means a lead contractor, city, 
 board of health, community health department, community action 
 agency as defined in section 256E.30, or community development 
 corporation. 

    (c) "Commissioner" means the commissioner of health, or the 
 commissioner of the Minnesota Housing Finance Agency as 
 authorized by section 462A.05, subdivision 15c. 

    Subd. 2.    Grants; administration.  Within the limits 
 of the available appropriation, the commissioner must develop a 
 swab team services program which may make demonstration and 
 training grants to eligible organizations to train workers to 
 provide swab team services and swab team services for 
 residential property.  Grants may be awarded to nonprofit 
 organizations to provide technical assistance and training to 
 ensure quality and consistency within the statewide program.  
 Grants must be awarded to help ensure full-time employment to 
 workers providing swab team services and must be awarded for a 
 two-year period. 

    Grants awarded under this section must be made in 
 consultation with the commissioner of the Housing Finance Agency 
 and representatives of neighborhood groups from areas at high 
 risk for toxic lead exposure, a labor organization, the lead 
 coalition, community action agencies, and the legal aid 
 society.  The consulting team must review grant applications and 
 recommend awards to eligible organizations that meet 
 requirements for receiving a grant under this section. 

    Subd. 3.    Applicants.  (a) Interested eligible 
 organizations may apply to the commissioner for grants under 
 this section.  Two or more eligible organizations may jointly 
 apply for a grant.  Priority shall be given to community action 
 agencies in greater Minnesota and to either community action 
 agencies or neighborhood based nonprofit organizations in cities 
 of the first class.  Of the total annual appropriation, 12.5 
 percent may be used for administrative purposes.  The 
 commissioner may deviate from this percentage if a grantee can 
 justify the need for a larger administrative allowance.  Of this 
 amount, up to five percent may be used by the commissioner for 
 state administrative purposes.  Applications must provide 
 information requested by the commissioner, including at least 
 the information required to assess the factors listed in 
 paragraph (d).  

    (b) The commissioner must consult with boards of health to 
 provide swab team services for purposes of secondary 
 prevention.  The priority for swab teams created by grants to 
 eligible organizations under this section must be work assigned 
 by the commissioner of health, or by a board of health if so 
 designated by the commissioner of health, to provide secondary 
 prevention swab team services to fulfill the requirements of 
 section 144.9504, subdivision 6, in response to a lead order.  
 Swab teams assigned work under this section by the commissioner, 
 that are not engaged daily in fulfilling the requirements of 
 section 144.9504, subdivision 6, must deliver swab team services 
 in response to elevated blood lead levels as defined in section 
 144.9501, subdivision 9, where lead orders were not issued, and 
 for purposes of primary prevention in census tracts known to be 
 in areas at high risk for toxic lead exposure as described in 
 section 144.9503, subdivision 2. 

    (c) Any additional money must be used for grants to 
 establish swab teams for primary prevention under section 
 144.9503, in census tracts in areas at high risk for toxic lead 
 exposure as determined under section 144.9503, subdivision 2.  

    (d) In evaluating grant applications, the commissioner must 
 consider the following criteria: 

    (1) the use of lead contractors and lead workers for 
 residential swab team services; 

    (2) the participation of neighborhood groups and 
 individuals, as swab team workers, in areas at high risk for 
 toxic lead exposure; 

    (3) plans for the provision of swab team services for 
 primary and secondary prevention as required under subdivision 
 4; 

    (4) plans for supervision, training, career development, 
 and postprogram placement of swab team members; 

    (5) plans for resident and property owner education on lead 
 safety; 

    (6) plans for distributing cleaning supplies to area 
 residents and educating residents and property owners on 
 cleaning techniques; 

    (7) sources of other funding and cost estimates for 
 training, lead inspections, swab team services, equipment, 
 monitoring, testing, and administration; 

    (8) measures of program effectiveness; 

    (9) coordination of program activities with other federal, 
 state, and local public health, job training, apprenticeship, 
 and housing renovation programs including programs under 
 sections 116L.86 to 116L.881; and 

    (10) prior experience in providing swab team services. 

    Subd. 4.    Lead supervisor or certified firm.  (a) 
 Eligible organizations and lead supervisors or certified firms 
 may participate in the swab team program.  An eligible 
 organization receiving a grant under this section must assure 
 that all participating lead supervisors or certified firms are 
 licensed and that all swab team workers are certified by the 
 Department of Health under section 144.9505.  Eligible 
 organizations and lead supervisors or certified firms may 
 distinguish between interior and exterior services in assigning 
 duties and may participate in the program by: 

    (1) providing on-the-job training for swab team workers; 

    (2) providing swab team services to meet the requirements 
 of sections 144.9503, subdivision 4, and 144.9504, subdivision 
 6; 

    (3) providing a removal and replacement component using 
 skilled craft workers under subdivision 7; 

    (4) providing lead testing according to subdivision 8; 

    (5) providing lead dust cleaning supplies, as described in 
 section 144.9507, subdivision 4, paragraph (c), to residents; or 

    (6) having a swab team worker instruct residents and 
 property owners on appropriate lead control techniques, 
 including the lead-safe directives developed by the commissioner 
 of health.  

    (b) Participating lead supervisors or certified firms must: 

    (1) demonstrate proof of workers' compensation and general 
 liability insurance coverage; 

    (2) be knowledgeable about lead abatement requirements 
 established by the Department of Housing and Urban Development 
 and the Occupational Safety and Health Administration and lead 
 hazard reduction requirements and lead-safe directives of the 
 commissioner of health; 

    (3) demonstrate experience with on-the-job training 
 programs; 

    (4) demonstrate an ability to recruit employees from areas 
 at high risk for toxic lead exposure; and 

    (5) demonstrate experience in working with low-income 
 clients. 

    Subd. 5.    Swab team workers.  Each worker engaged in 
 swab team services established under this section must have 
 blood lead concentrations below 15 micrograms of lead per 
 deciliter of whole blood as determined by a baseline blood lead 
 screening.  Any organization receiving a grant under this 
 section is responsible for lead screening and must assure that 
 all swab team workers meet the standards established in this 
 subdivision.  Grantees must use appropriate workplace procedures 
 including following the lead-safe directives developed by the 
 commissioner of health to reduce risk of elevated blood lead 
 levels.  Grantees and participating contractors must report all 
 employee blood lead levels that exceed 15 micrograms of lead per 
 deciliter of whole blood to the commissioner of health.  

    Subd. 6.    On-the-job training component.  (a) Programs 
 established under this section must provide on-the-job training 
 for swab team workers.  

    (b) Swab team workers must receive monetary compensation 
 equal to the prevailing wage as defined in section 177.42, 
 subdivision 6, for comparable jobs in the licensed contractor's 
 principal business. 

    Subd. 7.    Removal and replacement component.  (a) 
 Within the limits of the available appropriation and if a need 
 is identified by a lead inspector, the commissioner may 
 establish a component for removal and replacement of 
 deteriorated paint in residential properties according to the 
 following criteria: 

    (1) components within a residence must have both 
 deteriorated lead-based paint and substrate damage beyond repair 
 or rotting wooden framework to be eligible for removal and 
 replacement; 

    (2) all removal and replacement must be done using 
 least-cost methods and following lead-safe directives; 

    (3) whenever windows and doors or other components covered 
 with deteriorated lead-based paint have sound substrate or are 
 not rotting, those components should be repaired, sent out for 
 stripping, planed down to remove deteriorated lead-based paint, 
 or covered with protective guards instead of being replaced, 
 provided that such an activity is the least-cost method of 
 providing the swab team service; 

    (4) removal and replacement or repair must be done by lead 
 contractors using skilled craft workers or trained swab team 
 members; and 

    (5) all craft work that requires a state license must be 
 supervised by a person with a state license in the craft work 
 being supervised.  The grant recipient may contract for this 
 supervision. 

    (b) The program design must: 

    (1) identify the need for on-the-job training of swab team 
 workers to be removal and replacement workers; and 

    (2) describe plans to involve appropriate groups in 
 designing methods to meet the need for training swab team 
 workers. 

    Subd. 8.    Testing and evaluation.  (a) Testing of the 
 environment is not necessary by swab teams whose work is 
 assigned by the commissioner of health or a designated board of 
 health under section 144.9504.  The commissioner of health or 
 designated board of health must share the analytical testing 
 data collected on each residence for purposes of secondary 
 prevention under section 144.9504 with the swab team workers in 
 order to provide constructive feedback on their work and to the 
 commissioner for the purposes set forth in paragraph (c). 

    (b) For purposes of primary prevention evaluation, the 
 following samples must be collected:  pretesting and posttesting 
 of one noncarpeted floor dust lead sample and a notation of the 
 extent and location of bare soil and of deteriorated lead-based 
 paint.  The analytical testing data collected on each residence 
 for purposes of primary prevention under section 144.9503 must 
 be shared with the swab team workers in order to provide 
 constructive feedback on their work and to the commissioner for 
 the purposes set forth in paragraph (c). 

    (c) The commissioner of health must establish a program to 
 collect appropriate data as required under paragraphs (a) and 
 (b), in order to conduct an ongoing evaluation of swab team 
 services for primary and secondary prevention.  Within the 
 limits of available appropriations, the commissioner of health 
 must conduct on up to 1,000 residences which have received 
 primary or secondary prevention swab team services, a 
 postremediation evaluation, on at least a quarterly basis for a 
 period of at least two years for each residence.  The evaluation 
 must note the condition of the paint within the residence, the 
 extent of bare soil on the grounds, and collect and analyze one 
 noncarpeted floor dust lead sample.  The data collected must be 
 evaluated to determine the efficacy of providing swab team 
 services as a method of reducing lead exposure in young 
 children.  In evaluating this data, the commissioner of health 
 must consider city size, community location, historic traffic 
 flow, soil lead level of the property by area or census tract, 
 distance to industrial point sources that emit lead, season of 
 the year, age of the housing, age and number of children living 
 at the residence, the presence of pets that move in and out of 
 the residence, and other relevant factors as the commissioner of 
 health may determine. 

    Subd. 9.    Program benefits.  As a condition of 
 providing swab team services under this section, an organization 
 may require a property owner to not increase rents on a property 
 solely as a result of a substantial improvement made with public 
 funds under the programs in this section. 

    Subd. 10.    Requirements of organizations receiving 
 grants.  An eligible organization that is awarded a training 
 and demonstration grant under this section must prepare and 
 submit a quarterly progress report to the commissioner beginning 
 three months after receipt of the grant. 

    HIST: 1Sp1995 c 3 art 16 s 13; 1998 c 273 s 10; 1999 c 86 art 
 1 s 30; 2001 c 79 s 1; 2002 c 379 art 1 s 41; 2003 c 130 s 12; 
 2004 c 206 s 27,52; 2005 c 98 art 1 s 24; 1Sp2005 c 5 art 8 s 
 1-4 

HEAD START PROGRAM

     119A.50 Head Start program. 

    Subdivision 1.    Department of Education.  The 
 Department of Education is the state agency responsible for 
 administering the Head Start program.  The commissioner of 
 education may make grants to public or private nonprofit 
 agencies for the purpose of providing supplemental funds for the 
 federal Head Start program. 

    Subd. 2.    Data classification.  Data collected on 
 individuals from which the identity of any individual receiving 
 services may be determined are private data on individuals as 
 defined in section 13.02.  

    HIST: 1989 c 282 art 2 s 171; 1994 c 483 s 1; 1Sp1995 c 3 art 
 16 s 13; 1997 c 162 art 1 s 8; 2000 c 468 s 23; 2003 c 130 s 12 

     119A.51 Definitions. 

    Subdivision 1.    Scope.  As used in sections 119A.52 
 and 119A.53, the terms defined in this section have the meanings 
 given them. 

    Subd. 2.    Program account 20.  "Program account 20" 
 means the federally designated and funded account for training 
 and technical assistance activities. 

    Subd. 3.    Program account 22.  "Program account 22" 
 means the federally designated and funded account for basic 
 services. 

    Subd. 4.    Program account 25.  "Program account 25" 
 means the federally designated and funded account for parent 
 child centers. 

    Subd. 5.    Start-up costs.  "Start-up costs" means 
 onetime costs incurred in expanding services to additional 
 children. 

    HIST: 1989 c 282 art 2 s 172; 1Sp1995 c 3 art 16 s 13; 1997 c 
 162 art 1 s 9,10; 1999 c 86 art 1 s 31 

     119A.52 Distribution of appropriation and program 
  coordination. 

    The commissioner of education 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, 22, and 25 at the start of the fiscal year.  In allocating 
 funds under this paragraph, the commissioner of education 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 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 present a work plan to the 
 commissioner for approval.  The work plan must include the 
 estimated number of low-income children and families it will be 
 able to serve, a description of the program design and service 
 delivery area which meets the needs of and encourages access by 
 low-income working families, a program design that ensures fair 
 and equitable access to Head Start services for all populations 
 and parts of the service area, and a plan for coordinating 
 services to maximize assistance for child care costs available 
 to families under chapter 119B.  For any grantee that cannot 
 utilize its full allocation, the commissioner must reduce the 
 allocation proportionately.  Money available after the initial 
 allocations are reduced must be redistributed to eligible 
 grantees. 

    HIST: 1989 c 282 art 2 s 173; 1991 c 292 art 3 s 34; 1993 c 
 369 s 89; 1994 c 483 s 1; 1Sp1995 c 3 art 16 s 13; 1997 c 162 
 art 1 s 11; 1Sp2003 c 9 art 7 s 1 

     119A.53 Federal requirements. 

    Grantees and the commissioner shall comply with federal 
 regulations governing the federal Head Start program, except for 
 funding for innovative initiatives under section 119A.52, which 
 may be used to operate differently than federal Head Start 
 regulations.  If a state statute or rule conflicts with a 
 federal statute or regulation, the state statute or rule 
 prevails. 

    HIST: 1989 c 282 art 2 s 174; 1Sp1995 c 3 art 16 s 13; 1Sp2003 
 c 9 art 7 s 2 

  119A.54 Repealed, 1999 c 86 art 1 s 83 

     119A.545 Authority to waive requirements during disaster 
  periods. 

    The commissioner of education may waive requirements under 
 sections 119A.50 to 119A.53, for up to nine months after the 
 disaster, for Head Start grantees in areas where a federal 
 disaster has been declared under United States Code, title 42, 
 section 5121, et seq., or the governor has exercised authority 
 under chapter 12.  The commissioner shall notify the chairs of 
 the senate Family and Early Childhood Education Budget Division, 
 the senate Education Finance Committee, the house Family and 
 Early Childhood Education Finance Division, the house Education 
 Committee, and the house Ways and Means Committee ten days 
 before the effective date of any waiver granted under this 
 section. 

    HIST: 1Sp1995 c 3 art 16 s 13; 1997 c 203 art 1 s 15; 1Sp1997 
 c 5 s 46; 1998 c 383 s 37; 1999 c 86 art 1 s 62; 2003 c 130 s 12; 2004 c 
 206 s 52