CHAPTER 119A. DEPARTMENT OF EDUCATION; PROGRAMS
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
History: 1Sp1995 c 3 art 16 s 2; 2003 c 130 s 3,4
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
The commissioner's salary must be established according to the procedure in section
, 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;
(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
(10) monitor local compliance with this chapter.
History: 1Sp1995 c 3 art 16 s 3; 2Sp1997 c 3 s 18; 1999 c 86 art 1 s 27; 2003 c 130 s 12;
2007 c 13 art 3 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
. 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
(2) the family services and community-based collaboratives under section
(3) the child care programs under sections
(4) the migrant child care program under section
(5) the child care resource and referral program under section
(6) the child care service development program under sections
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
on July 1, 1997:
(1) the Head Start program, including Project Cornerstone, under sections
and (2) community action agency programs and financial assistance under sections
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
. 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
(2) the action for children activity under section
(3) the teen pregnancy prevention program under section
(4) the Minnesota children's initiative project under section
Subd. 4. Department of Corrections.
The powers and duties with respect to the following
program is transferred to the Department of Education under section
: 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.
History: 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; 2007 c 13 art 3 s 13
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
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
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
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
, 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.
History: 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
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
Subd. 2. Family service collaborative; pilot.
(a) A family services collaborative under
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.
History: 1997 c 162 art 2 s 2; 1998 c 397 art 11 s 3
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
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
(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.
History: 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
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
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
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.
History: 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
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 shall
allocate funds according to the formula in section
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
Subd. 3. Early childhood literacy programs.
(a) A research-based early childhood literacy
program premised on actively involved parents, ongoing professional staff development, and high
quality early literacy program standards is established to increase the literacy skills of children
participating in Head Start to prepare them to be successful readers and to increase families'
participation in providing early literacy experiences to their children. Program providers must:
(1) work to prepare children to be successful learners;
(2) work to close the achievement gap for at-risk children;
(3) use an integrated approach to early literacy that daily offers a literacy-rich classroom
learning environment composed of books, writing materials, writing centers, labels, rhyming, and
other related literacy materials and opportunities;
(4) support children's home language while helping the children master English and use
multiple literacy strategies to provide a cultural bridge between home and school;
(5) use literacy mentors, ongoing literacy groups, and other teachers and staff to provide
appropriate, extensive professional development opportunities in early literacy and classroom
strategies for preschool teachers and other preschool staff;
(6) use ongoing data-based assessments that enable preschool teachers to understand, plan,
and implement literacy strategies, activities, and curriculum that meet children's literacy needs
and continuously improve children's literacy; and
(7) foster participation by parents, community stakeholders, literacy advisors, and evaluation
Program providers are encouraged to collaborate with qualified, community-based early childhood
providers in implementing this program and to seek nonstate funds to supplement the program.
(b) Program providers under paragraph (a) interested in extending literacy programs to
children in kindergarten through grade 3 may elect to form a partnership with an eligible
organization under section
124D.38, subdivision 2
124D.42, subdivision 6
, clause (3),
schools enrolling children in kindergarten through grade 3, and other interested and qualified
community-based entities to provide ongoing literacy programs that offer seamless literacy
instruction focused on closing the literacy achievement gap. To close the literacy achievement gap
by the end of third grade, partnership members must agree to use best efforts and practices and to
work collaboratively to implement a seamless literacy model from age three to grade 3, consistent
with paragraph (a). Literacy programs under this paragraph must collect and use literacy data to:
(1) evaluate children's literacy skills; and
(2) formulate specific intervention strategies to provide reading instruction to children
premised on the outcomes of formative and summative assessments and research-based indicators
of literacy development.
The literacy programs under this paragraph also must train teachers and other providers
working with children to use the assessment outcomes under clause (2) to develop and use
effective, long-term literacy coaching models that are specific to the program providers.
(c) The commissioner must collect and evaluate literacy data on children from age three
to grade 3 who participate in literacy programs under this section to determine the efficacy of
early literacy programs on children's success in developing the literacy skills that they need
for long-term academic success and the programs' success in closing the literacy achievement
gap. Annually by February 1, the commissioner must report to the education policy and finance
committees of the legislature on the ongoing impact of these programs.
History: 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; 2006 c 263 art 6 s 1; 2007 c 146 art 2 s 1
119A.52 DISTRIBUTION OF APPROPRIATION.
(a) The commissioner of education must distribute money appropriated for that purpose to
federally designated Head Start programs to expand services and to serve additional low-income
children. Migrant and Indian reservation programs must be initially allocated money based
on the programs' 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 program must be funded at a per child rate equal to its contracted, federally funded
base level at the start of the fiscal year. In allocating funds under this paragraph, the commissioner
of education must assure that each Head Start program in existence in 1993 is allocated no less
funding in any fiscal year than was allocated to that program in fiscal year 1993. Before paying
money to the programs, the commissioner must notify each program of its initial allocation, how
the money must be used, and the number of low-income children to be served with the allocation
based upon the federally funded per child rate. Each program must present a plan under section
. For any program that cannot utilize its full allocation at the beginning of the fiscal year,
the commissioner must reduce the allocation proportionately. Money available after the initial
allocations are reduced must be redistributed to eligible programs.
(b) The commissioner must develop procedures to make payments to programs based upon
the number of children reported to be enrolled during the required time period of program
operations. Enrollment is defined by federal Head Start regulations. The procedures must
include a reporting schedule, corrective action plan requirements, and financial consequences to
be imposed on programs that do not meet full enrollment after the period of corrective action.
Programs reporting chronic underenrollment, as defined by the commissioner, will have their
subsequent program year allocation reduced proportionately. Funds made available by prorating
payments and allocations to programs with reported underenrollment will be made available to
the extent funds exist to fully enrolled Head Start programs through a form and manner prescribed
by the department.
History: 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; 2006 c 263 art 6 s 2;
2007 c 146 art 9 s 1
119A.53 FEDERAL REQUIREMENTS.
Programs and the commissioner shall comply with federal regulations governing the federal
Head Start program, except for funding for innovative initiatives under section
approved by the commissioner
, 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.
History: 1989 c 282 art 2 s 174; 1Sp1995 c 3 art 16 s 13; 1Sp2003 c 9 art 7 s 2; 2006
c 263 art 6 s 3
119A.535 APPLICATION REQUIREMENTS.
Eligible Head Start organizations must submit a plan to the department for approval on a
form and in the manner prescribed by the commissioner. The plan must include:
(1) the number of low-income children and families the program will be able to serve;
(2) a description of the program design and service delivery area which meets the needs of
and encourages access by low-income working families;
(3) a program design that ensures fair and equitable access to Head Start services for all
populations and parts of the service area;
(4) a plan for providing Head Start services in conjunction with full-day child care programs
to minimize child transitions, increase program intensity and duration, and improve child and
family outcomes as required in section
(5) identification of regular Head Start, early Head Start, full-day services identified in
, and innovative services based upon demonstrated needs to be provided.
History: 2006 c 263 art 6 s 4; 2007 c 146 art 9 s 2
119A.5411 FULL-DAY REQUIREMENTS.
The following phase-in of full-day services in Head Start programs or licensed child care as
defined in chapter 245A is required:
(1) by fiscal year 2009, a minimum of 25 percent of the total state-funded enrollment
throughout the state must be provided in full-day services;
(2) by fiscal year 2011, a minimum of 40 percent of the total state-funded enrollment
throughout the state must be provided in full-day services; and
(3) by fiscal year 2013, a minimum of 50 percent of the total state-funded enrollment
throughout the state must be provided in full-day services.
Head Start programs may provide full-day services as part of their own program model or
through agreements with licensed full-day child care programs. If licensed child care providers
do not exist in a geographic area, choose not to participate, cannot meet the federal Head Start
performance standards after sufficient opportunity, or a Head Start program is unable to establish
the full-day services as a part of their own program model, the Head Start program may request
exemption from the commissioner.
History: 2007 c 146 art 9 s 3