Minnesota Legislature
HF 2147
1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to education; providing for early childhood 1.3 education, community, prevention, and self-sufficiency 1.4 programs; appropriating money; amending Minnesota 1.5 Statutes 1996, sections 15.53, subdivision 2; 119A.01, 1.6 subdivision 3; 119A.04, subdivision 6, and by adding a 1.7 subdivision; 119A.13, subdivisions 2, 3, and 4; 1.8 119A.14; 119A.15, subdivisions 2, 5, and by adding a 1.9 subdivision; 119A.16; 119A.31, subdivisions 1 and 2; 1.10 119B.01, subdivisions 8, 9, 12, 16, 17, and by adding 1.11 subdivisions; 119B.02; 119B.03, subdivisions 3, 4, 5, 1.12 6, 7, 8, and by adding subdivisions; 119B.04; 119B.05, 1.13 subdivisions 1, 5, 6, and by adding a subdivision; 1.14 119B.07; 119B.08, subdivisions 1 and 3; 119B.09, 1.15 subdivisions 1, 2, and by adding subdivisions; 1.16 119B.10, subdivision 1; 119B.11, subdivisions 1, 3, 1.17 and by adding a subdivision; 119B.12; 119B.13, 1.18 subdivision 1, and by adding subdivisions; 119B.15; 1.19 119B.16, subdivision 1; 119B.18, by adding a 1.20 subdivision; 119B.20, subdivisions 7, 9, and 10; 1.21 119B.21, subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 10, and 1.22 11; 121.831, subdivisions 3 and 4; 121.8355, 1.23 subdivision 1; 121.88, subdivisions 1, 10, and by 1.24 adding a subdivision; 121.882, subdivisions 2 and 6; 1.25 124.17, subdivision 2e; 124.26, subdivision 2, and by 1.26 adding a subdivision; 124.2601, subdivisions 3, 4, 5, 1.27 6, and by adding a subdivision; 124.261, subdivision 1.28 1; 124.2615, subdivisions 1 and 2; 124.2711, 1.29 subdivisions 1 and 2a; 124.2713, subdivisions 6 and 8; 1.30 124.2716, subdivision 3; 268.38, by adding a 1.31 subdivision; 268.53, subdivision 5; 268.55, by adding 1.32 a subdivision; 268.912; 268.913, subdivisions 2 and 4; 1.33 and 268.914, subdivision 1; Laws 1996, chapter 463, 1.34 section 4, subdivision 2, as amended; proposing coding 1.35 for new law in Minnesota Statutes, chapters 119A; and 1.36 119B; repealing Minnesota Statutes 1996, sections 1.37 119B.03, subdivision 7; 119B.05, subdivisions 2 and 3; 1.38 119B.11, subdivision 2; 119B.19, subdivision 2; 1.39 119B.21, subdivision 7; 121.8355, subdivision 1a; and 1.40 268.913, subdivision 5. 1.41 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.42 EARLY CHILDHOOD AND 1.43 FAMILY EDUCATION OMNIBUS BILL 2.1 ARTICLE 1 2.2 EARLY CHILDHOOD PROGRAMS 2.3 Section 1. Minnesota Statutes 1996, section 121.831, 2.4 subdivision 3, is amended to read: 2.5 Subd. 3. [PROGRAM ELIGIBILITY.] A learning readiness 2.6 program shall include the following: 2.7 (1) a comprehensive plan to anticipate and meet the needs 2.8 of participating families by coordinating existing social 2.9 services programs and by fostering collaboration among agencies 2.10 or other community-based organizations and programs that provide 2.11 a full range of flexible, family-focused services to families 2.12 with young children; 2.13 (2) a development and learning component to help children 2.14 develop appropriate social, cognitive, and physical skills, and 2.15 emotional well-being; 2.16 (3) health referral services to address children's medical, 2.17 dental, mental health, and nutritional needs; 2.18 (4) a nutrition component to meet children's daily 2.19 nutritional needs; 2.20 (5) parents' involvement in meeting children's educational, 2.21 health, social service, and other needs; 2.22 (6) community outreach to ensure participation by families 2.23 who represent the racial, cultural, and economic diversity of 2.24 the community;and2.25 (7) community-based staff and program resources, including 2.26 interpreters, that reflect the racial and ethnic characteristics 2.27 of the children participating in the program; and 2.28 (8) a literacy component to ensure that the literacy needs 2.29 of parents are addressed through referral to and cooperation 2.30 with adult basic education programs and other adult literacy 2.31 programs. 2.32 Sec. 2. Minnesota Statutes 1996, section 121.831, 2.33 subdivision 4, is amended to read: 2.34 Subd. 4. [PROGRAM CHARACTERISTICS.] Learning readiness 2.35 programs are encouraged to: 2.36 (1) prepare an individualized service plan to meet each 3.1 child's developmental and learning needs; 3.2 (2) provide parent education to increase parents' 3.3 knowledge, understanding, skills, and experience in child 3.4 development and learning; 3.5 (3) foster substantial parent involvement that may include 3.6 having parents develop curriculum or serve as a paid or 3.7 volunteer educator, resource person, or other staff; 3.8 (4) identify the needs of families in the content of the 3.9 child's learning readiness and family literacy; 3.10 (5) expand collaboration with public organizations, 3.11 businesses, nonprofit organizations, or other private 3.12 organizations to develop a coordinated system of flexible, 3.13 family-focused services available to anticipate and meet the 3.14 full range of needs of all eligible children and their families; 3.15 (6) coordinate treatment and follow-up services for 3.16 children's identified physical and mental health problems; 3.17 (7) offer transportation for eligible children and their 3.18 families for whom other forms of transportation are unavailable 3.19 or would constitute an excessive financial burden; 3.20 (8) make substantial outreach efforts to assure significant 3.21 participation by families with the greatest needs, including 3.22 those families whose income level does not exceed the most 3.23 recent update of the poverty guidelines required by sections 652 3.24 and 673(2) of the Omnibus Budget Reconciliation Act of 1981 3.25 (Public Law Number 97-35); 3.26 (9) use community-based, trained home visitors serving as 3.27 paraprofessionals to provide social support, referrals, parent 3.28 education, and other services; 3.29 (10) create community-based family resource centers and 3.30 interdisciplinary teams; and 3.31 (11) enhance the quality of family or center-based child 3.32 care programs by providing supplementary services and resources, 3.33 staff training, and assistance with children with special needs. 3.34 Sec. 3. Minnesota Statutes 1996, section 121.882, 3.35 subdivision 2, is amended to read: 3.36 Subd. 2. [PROGRAM CHARACTERISTICS.] Early childhood family 4.1 education programs are programs for children in the period of 4.2 life from birth to kindergarten, for the parents of such 4.3 children, and for expectant parents. The programs may include 4.4 the following: 4.5 (1) programs to educate parents about the physical, mental, 4.6 and emotional development of children; 4.7 (2) programs to enhance the skills of parents in providing 4.8 for their children's learning and development; 4.9 (3) learning experiences for children and parents that 4.10 promote children's development; 4.11 (4) activities designed to detect children's physical, 4.12 mental, emotional, or behavioral problems that may cause 4.13 learning problems; 4.14 (5) activities and materials designed to encourage 4.15 self-esteem, skills, and behavior that prevent sexual and other 4.16 interpersonal violence; 4.17 (6) educational materials which may be borrowed for home 4.18 use; 4.19 (7) information on related community resources; 4.20 (8) programs to prevent child abuse and neglect;or4.21 (9) other programs or activities to improve the health, 4.22 development, and learning readiness of children; or 4.23 (10) activities designed to maximize development during 4.24 infancy. 4.25 The programs shall not include activities for children that 4.26 do not require substantial involvement of the children's 4.27 parents. The programs shall be reviewed periodically to assure 4.28 the instruction and materials are not racially, culturally, or 4.29 sexually biased. The programs shall encourage parents to be 4.30 aware of practices that may affect equitable development of 4.31 children. 4.32 Sec. 4. Minnesota Statutes 1996, section 121.882, 4.33 subdivision 6, is amended to read: 4.34 Subd. 6. [COORDINATION AND COLLABORATION.] A district is 4.35 encouraged to coordinatethe program with its special education4.36and vocational education programs and with related services5.1provided by other governmental agencies and nonprofit5.2agenciesand collaborate its program efforts with family 5.3 literacy, learning readiness, Head Start, child care, health, 5.4 social services, special education, transitional housing, and 5.5 foodshelf programs and other related services in the community 5.6 for young children and parents. 5.7 A district is encouraged to coordinate adult basic 5.8 education programs provided to parents and early childhood 5.9 family education programs provided to children to accomplish the 5.10 goals of section 126.69. 5.11 Sec. 5. Minnesota Statutes 1996, section 124.2711, 5.12 subdivision 1, is amended to read: 5.13 Subdivision 1. [REVENUE.] The revenue for early childhood 5.14 family education programs for a school district equals $101.25 5.15 for19931998 and $116.75 for 1999 and later fiscal years times 5.16 the greater of: 5.17 (1) 150; or 5.18 (2) the number of people under five years of age residing 5.19 in the school district on October 1 of the previous school year. 5.20 Sec. 6. Minnesota Statutes 1996, section 124.2711, 5.21 subdivision 2a, is amended to read: 5.22 Subd. 2a. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To 5.23 obtain early childhood family education revenue, a district may 5.24 levy an amount equal to the tax rate of.609.642 percent times 5.25 the adjusted tax capacity of the district for the year preceding 5.26 the year the levy is certified. If the amount of the early 5.27 childhood family education levy would exceed the early childhood 5.28 family education revenue, the early childhood family education 5.29 levy shall equal the early childhood family education revenue. 5.30 Sec. 7. Minnesota Statutes 1996, section 268.38, is 5.31 amended by adding a subdivision to read: 5.32 Subd. 7a. [COOPERATION.] Grant recipients shall identify 5.33 ways to link services and cooperate with other programs that 5.34 serve the educational and nutritional needs of families, 5.35 including, but not limited to, early childhood family education 5.36 programs under section 121.882 and foodshelf programs under 6.1 section 268.55. 6.2 Sec. 8. Minnesota Statutes 1996, section 268.55, is 6.3 amended by adding a subdivision to read: 6.4 Subd. 7. [COOPERATION.] The Minnesota foodshelf 6.5 association and foodshelf programs that receive money under this 6.6 section shall identify ways to link services and cooperate with 6.7 other programs that serve the educational and housing needs of 6.8 families, including, but not limited to, early childhood family 6.9 education programs under section 121.882 and transitional 6.10 housing programs under section 268.38. 6.11 Sec. 9. [ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID; 6.12 FISCAL YEAR 1998.] 6.13 A district that complies with Minnesota Statutes, section 6.14 121.882, shall receive additional early childhood family 6.15 education aid for fiscal year 1998 equal to $10 times the 6.16 greater of: 6.17 (1) 150; or 6.18 (2) the number of people under five years of age residing 6.19 in the school district on October 1 of the previous school 6.20 year. The additional early childhood family education aid may 6.21 be used only for early childhood family education programs. 6.22 Sec. 10. [EARLY CHILDHOOD FAMILY EDUCATION ALTERNATIVE 6.23 PROGRAMMING.] 6.24 Early childhood family education programs that receive 6.25 revenue under Minnesota Statutes, section 124.2713, are 6.26 encouraged to provide classes on the weekends and in the 6.27 evenings to meet the needs of working families. The 6.28 commissioner shall report to the legislature on the number of 6.29 districts offering weekend and evening classes, and on the 6.30 success of these programs in serving working families. The 6.31 commissioner shall make recommendations on ways to expand early 6.32 childhood family education services to make them more available 6.33 and accessible to working families, including families who work 6.34 nontraditional hours. 6.35 Sec. 11. [EARLY CHILDHOOD FAMILY EDUCATION INFANT 6.36 DEVELOPMENT GRANT AWARDS.] 7.1 (a) Early childhood family education programs under 7.2 Minnesota Statutes, section 121.882, may apply to the 7.3 commissioner of children, families, and learning for a grant to 7.4 fund a pilot program to increase services for families of 7.5 infants. Programming for infants and their families must 7.6 conform to the service and other requirements of the early 7.7 childhood family education programs. The infant program must 7.8 include learning experiences for parents of infants that focus 7.9 on methods and information that stimulate and nurture the 7.10 intellectual and emotional development of infants. Proposals 7.11 from programs with service areas where centralized classes are 7.12 not feasible or optimal, may include home visiting programs 7.13 under Minnesota Statutes, section 121.882, subdivision 2b. 7.14 (b) The eligible applicant shall submit an application in 7.15 the form and manner prescribed by the commissioner. Grant 7.16 applicants shall describe the proposed infant and family 7.17 education approach. The application must specify the program 7.18 components, outreach methods, targeted ages, anticipated role of 7.19 the home visits, if any, and how the program will encourage 7.20 participation by families with infants. 7.21 Sec. 12. [OFFICE OF COMMUNITY SERVICES.] 7.22 The commissioner of children, families, and learning shall 7.23 review the accounts and funding for programs administered in the 7.24 office of community services. The commissioner shall also 7.25 review the methods of distributing grants and revenue to 7.26 communities, programs, districts, and other organizations. The 7.27 commissioner shall develop unified application forms for 7.28 competitive grant programs administered by the office. The 7.29 commissioner shall present a proposal to the legislature on ways 7.30 to streamline applications, and to the extent possible, combine 7.31 accounts, programs, and funding streams. 7.32 Sec. 13. [EARLY CHILDHOOD TECHNOLOGY GRANTS.] 7.33 The commissioner of children, families, and learning shall 7.34 establish a process to initiate a competitive grant program to 7.35 enhance the use of technology in early childhood education 7.36 programs. Priority must be given to licensed child care, early 8.1 childhood family education, learning readiness, Head Start, or 8.2 first grade preparedness programs that will provide computer 8.3 time to early childhood education programs. Grants may be used 8.4 for the purchase, repair, or upgrading of computer hardware or 8.5 software, and for training staff, volunteer staff, parents, or 8.6 students in the use of technology. To the extent practicable, 8.7 the department shall solicit donations of refurbished computers 8.8 for distribution to early childhood programs willing to use them 8.9 for educating young students. 8.10 Sec. 14. [APPROPRIATIONS.] 8.11 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 8.12 LEARNING.] The sums indicated in this section are appropriated 8.13 from the general fund to the department of children, families, 8.14 and learning for the fiscal years designated. 8.15 Subd. 2. [LEARNING READINESS PROGRAM REVENUE.] For revenue 8.16 for learning readiness programs according to Minnesota Statutes, 8.17 sections 121.831 and 124.2615: 8.18 $11,136,000 ..... 1998 8.19 $11,379,000 ..... 1999 8.20 The 1998 appropriation includes $949,000 for 1997 and 8.21 $10,187,000 for 1998. 8.22 The 1999 appropriation includes $1,131,000 for 1998 and 8.23 $10,248,000 for 1999. 8.24 $10,000 each year may be spent for evaluation of learning 8.25 readiness programs. 8.26 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 8.27 childhood family education aid according to Minnesota Statutes, 8.28 section 124.2711: 8.29 $15,528,000 ..... 1998 8.30 $14,970,000 ..... 1999 8.31 The 1998 appropriation includes $1,360,000 for 1997 and 8.32 $14,168,000 for 1998. 8.33 The 1999 appropriation includes $1,574,000 for 1998 and 8.34 $13,396,000 for 1999. 8.35 $10,000 each year may be spent for evaluation of early 8.36 childhood family education programs. 9.1 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 9.2 health and developmental screening aid according to Minnesota 9.3 Statutes, sections 123.702 and 123.7045: 9.4 $1,564,000 ..... 1998 9.5 $1,613,000 ..... 1999 9.6 The 1998 appropriation includes $155,000 for 1997 and 9.7 $1,409,000 for 1998. 9.8 The 1999 appropriation includes $156,000 for 1998 and 9.9 $1,457,000 for 1999. 9.10 Any balance in the first year does not cancel but is 9.11 available in the second year. 9.12 Subd. 5. [WAY TO GROW.] For grants for existing way to 9.13 grow programs according to Minnesota Statutes, section 121.835: 9.14 $500,000 ..... 1998 9.15 $500,000 ..... 1999 9.16 Any balance in the first year does not cancel but is 9.17 available in the second year. 9.18 Subd. 6. [PART H.] For the department of children, 9.19 families, and learning's share of the state's obligation under 9.20 Part H according to Minnesota Statutes, section 120.1701: 9.21 $400,000 ..... 1998 9.22 Any balance in the first year does not cancel but is 9.23 available in the second year. 9.24 Subd. 7. [EARLY CHILDHOOD FAMILY EDUCATION INFANT 9.25 DEVELOPMENT GRANTS.] For grants to early childhood family 9.26 education programs under Minnesota Statutes, section 121.882, to 9.27 fund initiatives under section 11: 9.28 $2,000,000 ..... 1998 9.29 Any balance in the first year does not cancel but is 9.30 available in the second year. This is a one-time appropriation 9.31 and is not to be added to the permanent base. 9.32 Subd. 8. [EARLY CHILDHOOD COLLABORATION GRANTS.] For 9.33 grants to combine early childhood education services: 9.34 $80,000 ..... 1998 9.35 Of this amount, $50,000 is for a grant to Itasca county for 9.36 the Greenway Readiness Program. The program must include a 10.1 half-day readiness program for four year olds, an early 10.2 childhood component, and a resource center. 10.3 Of this amount, $30,000 is for a grant to independent 10.4 school district No. 544, Fergus Falls, to study ways to combine 10.5 all early learning programs and to fund those programs. 10.6 This appropriation is available until expended. 10.7 Subd. 9. [CHILD GUIDE PREVENTION PROGRAM.] For the 10.8 southwest and west central service cooperative to operate the 10.9 Willmar child guide prevention program for children in 10.10 kindergarten through grade 8 in independent school district No. 10.11 347, Willmar: 10.12 $250,000 ..... 1998 10.13 Subd. 10. [EARLY CHILDHOOD TECHNOLOGY GRANTS.] For early 10.14 childhood technology grants under section 13: 10.15 $100,000 ..... 1998 10.16 Sec. 15. [REPORT SUNSET.] 10.17 Beginning September 15, 1997, the requirement to submit the 10.18 following reports expires: 10.19 (1) child abuse prevention trust fund disbursement plan 10.20 under Minnesota Statutes, section 119A.13; 10.21 (2) child care system report under Minnesota Statutes, 10.22 section 119B.24; 10.23 (3) community crime reduction report under Minnesota 10.24 Statutes, section 119A.31; 10.25 (4) administrative duties report under Minnesota Statutes, 10.26 section 119A.31; 10.27 (5) progress report on male responsibility grants under 10.28 Minnesota Statutes, section 126.84; 10.29 (6) school-linked services report under Minnesota Statutes, 10.30 section 256.995; 10.31 (7) state drug strategy under Minnesota Statutes, section 10.32 119A.26; 10.33 (8) chemical abuse and violence prevention council report 10.34 under Minnesota Statutes, section 119A.28; 10.35 (9) violence prevention grant report under Minnesota 10.36 Statutes, section 126.78; and 11.1 (10) Head Start report under Minnesota Statutes, section 11.2 268.917. 11.3 Sec. 16. [REPEALER.] 11.4 Minnesota Statutes 1996, section 268.913, subdivision 5, is 11.5 repealed. 11.6 Sec. 17. [EFFECTIVE DATE.] 11.7 Section 6 (124.2711, subdivision 2a) is effective for 11.8 revenue for fiscal year 1999. 11.9 ARTICLE 2 11.10 COMMUNITY PROGRAMS AND PREVENTION 11.11 Section 1. [119A.08] [NEIGHBORHOOD-BASED SERVICES FOR 11.12 CHILDREN AND FAMILIES.] 11.13 Subdivision 1. [PILOT PROJECTS AUTHORIZED.] The 11.14 commissioner of children, families, and learning shall establish 11.15 a program to provide stipends to at least two pilot projects for 11.16 the delivery and brokering of services through family service 11.17 collaboratives and neighborhood-based community organizations. 11.18 The projects must be selected no later than September 1, 1997. 11.19 Subd. 2. [FAMILY SERVICE COLLABORATIVE; PILOT.] A family 11.20 service collaborative under section 121.8355 may apply to the 11.21 commissioner to participate in the pilot projects. The 11.22 commissioner shall select two family service collaboratives to 11.23 implement the pilot project in one or more specified geographic 11.24 areas. One collaborative must implement a pilot project in the 11.25 seven-county metropolitan area and one must be located in an 11.26 outstate community. The commissioner shall select the 11.27 collaboratives by September 1, 1997. The selected 11.28 collaboratives must implement the stipend program through family 11.29 service centers and community groups that are eligible under 11.30 subdivision 3, and that apply under subdivision 4. 11.31 Subd. 3. [ELIGIBLE ORGANIZATIONS.] To be eligible to 11.32 participate in the community services stipend program under this 11.33 section, an organization must be a family service center or 11.34 other community group that: 11.35 (1) has strong ties to a local neighborhood; 11.36 (2) represents the diverse residents of the neighborhood; 12.1 and 12.2 (3) has a history of providing services in the neighborhood. 12.3 Subd. 4. [APPLICATION.] (a) An application to participate 12.4 in the community services stipend program must be submitted to 12.5 the family service collaborative and must contain the following: 12.6 (1) a description of all of the geographic areas that the 12.7 organization intends to serve and information to demonstrate 12.8 that the applicant group has established a significant presence 12.9 in these areas; 12.10 (2) demonstrated knowledge of the needs of the children and 12.11 families in the geographic area; 12.12 (3) a list of services to be provided; 12.13 (4) anticipated costs and proposed resources for each 12.14 service; 12.15 (5) outcomes the services are designed to achieve; and 12.16 (6) the proposed amount of the stipend for each service to 12.17 be provided. 12.18 (b) The maximum stipend for any one service is $200. The 12.19 applicant must list the proposed stipend amounts in an 12.20 outcomes-based format. 12.21 Subd. 5. [ELIGIBLE ACTIVITIES.] A participating center or 12.22 group is eligible for a stipend whenever the center or group has 12.23 delivered, or arranged for delivery of, any of the following 12.24 needed services as listed in its original application to the 12.25 collaborative in the stated amounts which should fall within the 12.26 following ranges: 12.27 (1) identifying and assisting family members who lack a 12.28 high school diploma to attend GED classes and achieve the 12.29 outcome of successfully completing GED requirements, $150; 12.30 (2) assisting family members with English as a second 12.31 language skill building or citizenship classes, $100; 12.32 (3) assisting family members with English as a second 12.33 language skill building or citizenship classes and achieve the 12.34 outcome of successfully passing the citizenship test, $200; 12.35 (4) assisting a family to access early childhood family 12.36 education programs, $20; 12.37 (5) identifying a family that has not obtained the 13.1 recommended childhood immunizations for its children and 13.2 assisting the family to obtain the immunizations, $20; 13.3 (6) assisting a family in need of child care to find 13.4 suitable child care, $10; 13.5 (7) assisting in crime prevention by involving children 13.6 from needy families in after school enrichment activities and 13.7 sustaining their involvement for a substantial period, $150; 13.8 (8) assisting in crime prevention by providing truancy 13.9 prevention activities and reducing truancy in the geographic 13.10 area, $200; 13.11 (9) assisting a family by providing one or more home visits 13.12 to families of newborn infants to provide information and 13.13 support for new parents, $50; 13.14 (10) finding and providing a tutor for an academically 13.15 under-achieving child, $20; 13.16 (11) being a tutor and achieving the outcome of better 13.17 school performance, $200; and 13.18 (12) being a tutor but not achieving the desired outcome, 13.19 $100. 13.20 With the approval of the collaborative, a participating 13.21 organization may add additional similar services to its list of 13.22 eligible activities. 13.23 Subd. 6. [PAYMENT OF STIPENDS.] A center or group selected 13.24 for participation in the delivery of needed services stipend 13.25 program is eligible to receive the specified stipend for each 13.26 eligible activity which is provided to an eligible recipient. 13.27 Requests for reimbursement must be submitted to the 13.28 collaborative group within 60 days of the date that the eligible 13.29 activity is completed. Participating centers and groups may use 13.30 the stipend money received from the commissioner to provide the 13.31 services listed in subdivision 5 or for any legitimate and 13.32 worthwhile purpose. Expenditures must be documented and the 13.33 documentation submitted to the collaborative on a quarterly 13.34 basis. A collaborative that receives a grant under this section 13.35 shall establish procedures to ensure the quality of the services 13.36 paid for with grant funds and to monitor the delivery of 14.1 services. 14.2 Sec. 2. Minnesota Statutes 1996, section 119A.31, 14.3 subdivision 1, is amended to read: 14.4 Subdivision 1. [PROGRAMS.] The commissioner shall, in 14.5 consultation with the chemical abuse and violence prevention 14.6 council, administer a grant program to fund community-based 14.7 programs that are designed to enhance the community's sense of 14.8 personal security and to assist the community in its crime 14.9 control and prevention efforts. Examples of qualifying programs 14.10 include, but are not limited to, the following: 14.11 (1) community-based programs designed to provide services 14.12 for children aged 8 to 13 who are juvenile offenders or who are 14.13 at risk of becoming juvenile offenders. The programs must give 14.14 priority to: 14.15 (i) juvenile restitution; 14.16 (ii) prearrest or pretrial diversion, including through 14.17 mediation; 14.18 (iii) probation innovation; 14.19 (iv) teen courts, community service; or 14.20 (v) post incarceration alternatives to assist youth in 14.21 returning to their communities; 14.22 (2) community-based programs designed to provide at-risk 14.23 children and youth aged 8 to 13 with after-school and summer 14.24 enrichment activities; 14.25 (3) community-based programs designed to discourage young 14.26 people from involvement in unlawful drug or street gang 14.27 activities such as neighborhood youth centers; 14.28 (4) neighborhood block clubs and innovative community-based 14.29 crime prevention programs; 14.30 (5) community- and school-based programs designed to enrich 14.31 the educational, cultural, or recreational opportunities of 14.32 at-risk children and youth, including programs designed to keep 14.33 at-risk youth from dropping out of school and encourage school 14.34 dropouts to return to school; 14.35 (6) community-based programs designed to intervene with 14.36 juvenile offenders who are identified as likely to engage in 15.1 repeated criminal activity in the future unless intervention is 15.2 undertaken; 15.3 (7) community-based collaboratives that coordinate multiple 15.4 programs and funding sources to address the needs of at-risk 15.5 children and youth, including, but not limited to, 15.6 collaboratives that address the continuum of services for 15.7 juvenile offenders and those who are at risk of becoming 15.8 juvenile offenders; 15.9 (8) programs that are proven successful at increasing the 15.10 rate of school success or the rate of post-secondary education 15.11 attendance for high-risk students; 15.12 (9) community-based programs that provide services to 15.13 homeless youth; 15.14 (10) programs designed to reduce truancy;and15.15 (11) community-based programs that attempt to prevent and 15.16 ameliorate the effects of teenage prostitution; and 15.17 (12) other community- and school-based crime prevention 15.18 programs that are innovative and encourage substantial 15.19 involvement by members of the community served by the program. 15.20 Sec. 3. Minnesota Statutes 1996, section 119A.31, 15.21 subdivision 2, is amended to read: 15.22 Subd. 2. [GRANT PROCEDURE.] A local unit of governmentor, 15.23 a nonprofit community-based entity, or a community violence 15.24 prevention council may apply for a grant by submitting an 15.25 application with the commissioner. The applicant shall specify 15.26 the following in its application: 15.27 (1) a description of each program for which funding is 15.28 sought; 15.29 (2) outcomes and performance indicators for the program; 15.30 (3) a description of the planning process that identifies 15.31 local community needs, surveys existing programs, provides for 15.32 coordination with existing programs, and involves all affected 15.33 sectors of the community; 15.34 (4) the geographical area to be served by the program; 15.35 (5) statistical information as to the number of arrests in 15.36 the geographical area for violent crimes and for crimes 16.1 involving schedule I and II controlled substances. "Violent 16.2 crime" includes a violation of or an attempt or conspiracy to 16.3 violate any of the following laws: sections 609.185; 609.19; 16.4 609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 16.5 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 16.6 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 16.7 609.268; 609.342; 609.343; 609.344; 609.345; 609.498, 16.8 subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 16.9 609.687; or any provision of chapter 152 that is punishable by a 16.10 maximum sentence greater than ten years; and 16.11 (6) the number of economically disadvantaged youth in the 16.12 geographical areas to be served by the program. 16.13 The commissioner shall give priority to funding 16.14 community-based collaboratives, programs that demonstrate 16.15 substantial involvement by members of the community served by 16.16 the program and programs that either serve the geographical 16.17 areas that have the highest crime rates, as measured by the data 16.18 supplied under clause (4), or serve geographical areas that have 16.19 the largest concentrations of economically disadvantaged youth. 16.20 Up to 2.5 percent of the appropriation may be used by the 16.21 commissioner to administer the program. 16.22 Sec. 4. Minnesota Statutes 1996, section 121.88, 16.23 subdivision 1, is amended to read: 16.24 Subdivision 1. [AUTHORIZATION.] Each school board may 16.25 initiate a community education program in its district and 16.26 provide for the general supervision of the program. Each board 16.27 may, as it considers appropriate, employ community education 16.28directors and coordinatorsstaff to further the purposes of the 16.29 community education program. 16.30 Sec. 5. Minnesota Statutes 1996, section 121.88, is 16.31 amended by adding a subdivision to read: 16.32 Subd. 2a. [COMMUNITY EDUCATION DIRECTOR.] (a) Except as 16.33 provided under paragraphs (b) and (c), each board shall employ a 16.34 licensed community education director. The board shall submit 16.35 the name of the person who is serving as director of community 16.36 education under this section on the district's annual community 17.1 education report to the commissioner. 17.2 (b) A board may apply to the commissioner of children, 17.3 families, and learning under Minnesota Rules, part 3512.3500, 17.4 subpart 9, for authority to use an individual who is not 17.5 licensed as a community education director. 17.6 (c) A board of a district with a total population of 2,000 17.7 or less may identify an employee who holds a valid Minnesota 17.8 principal or superintendent license under Minnesota Rules, 17.9 chapter 3512, to serve as director of community education. To 17.10 be eligible for an exception under this paragraph, the board 17.11 shall certify in writing to the commissioner that the district 17.12 has not placed a licensed director of community education on 17.13 unrequested leave. 17.14 Sec. 6. Minnesota Statutes 1996, section 121.88, 17.15 subdivision 10, is amended to read: 17.16 Subd. 10. [EXTENDED DAY PROGRAMS.] (a) A school board may 17.17 offer, as part of a community education program, an extended day 17.18 program for children from kindergarten through grade 6 for the 17.19 purpose of expanding students' learning opportunities. A 17.20 program must include the following: 17.21 (1) adult supervised programs while school is not in 17.22 session; 17.23 (2) parental involvement in program design and direction; 17.24 (3) partnerships with the K-12 system, and other public, 17.25 private, or nonprofit entities; and 17.26 (4) opportunities for trained secondary school pupils to 17.27 work with younger children in a supervised setting as part of a 17.28 community service program. 17.29 (b) To maximize the educational, recreational, and social 17.30 development of participating students, the district must provide 17.31 adequate space for the extended day program during the school 17.32 year, on release days, and during the summer. The district must 17.33 provide the program with access to adequate facilities and 17.34 equipment, including access to the gymnasium, cafeteria, art 17.35 rooms, computer laboratories, and the library, if these are 17.36 available. The district and the program must coordinate a 18.1 reasonable schedule for shared facilities and equipment, and 18.2 shared responsibility for facilities used by the program. 18.3 (c) The district may charge a sliding fee based upon family 18.4 income for extended day programs. The district may receive 18.5 money from other public or private sources for the extended day 18.6 program. The school board of the district shall develop 18.7 standards for school age child care programs. Districts with 18.8 programs in operation before July 1, 1990, must adopt standards 18.9 before October 1, 1991. All other districts must adopt 18.10 standards within one year after the district first offers 18.11 services under a program authorized by this subdivision. The 18.12 state board of education may not adopt rules for extended day 18.13 programs. 18.14 (d) The district shall maintain a separate account within 18.15 the community services fund for all funds related to the 18.16 extended day program. All funds related to the extended day 18.17 program must be used solely for the purpose of the extended day 18.18 program. 18.19 Sec. 7. Minnesota Statutes 1996, section 124.2713, 18.20 subdivision 6, is amended to read: 18.21 Subd. 6. [COMMUNITY EDUCATION LEVY.] To obtain community 18.22 education revenue, a district may levy the amount raised by a 18.23 tax rate of1.11.08 percent times the adjusted net tax capacity 18.24 of the district. If the amount of the community education levy 18.25 would exceed the community education revenue, the community 18.26 education levy shall be determined according to subdivision 6a. 18.27 Sec. 8. Minnesota Statutes 1996, section 124.2713, 18.28 subdivision 8, is amended to read: 18.29 Subd. 8. [USES OF GENERAL REVENUE.] (a) General community 18.30 education revenue may be used for: 18.31 (1) nonvocational, recreational, and leisure time 18.32 activities and programs; 18.33 (2) programs for adults with disabilities, if the programs 18.34 and budgets are approved by the department of children, 18.35 families, and learning; 18.36 (3) adult basic education programs, according to section 19.1 124.26; 19.2 (4) summer programs for elementary and secondary pupils; 19.3 (5) implementation of a youth development plan; 19.4 (6) implementation of a youth service program; 19.5 (7) early childhood family education programs, according to 19.6 section 121.882; and 19.7 (8) extended day programs, according to section 121.88, 19.8 subdivision 10. 19.9 (9) In addition to money from other sources, a district may 19.10 use up to ten percent of its community education revenue for 19.11 equipment that is used exclusively in community education 19.12 programs. This revenue may be used only for the following 19.13 purposes: 19.14 (i) to purchase or lease computers and related materials; 19.15 (ii) to purchase or lease equipment for instructional 19.16 programs; and 19.17 (iii) to purchase textbooks and library books. 19.18 (b) General community education revenue must not be used to 19.19 subsidize the direct activity costs for adult enrichment 19.20 programs. Direct activity costs include, but are not limited 19.21 to, the cost of the activity leader or instructor, cost of 19.22 materials, or transportation costs. 19.23 Sec. 9. Minnesota Statutes 1996, section 124.2716, 19.24 subdivision 3, is amended to read: 19.25 Subd. 3. [EXTENDED DAY LEVY.] To obtain extended day 19.26 revenue, a school district may levy an amount equal to the 19.27 district's extended day revenue as defined in subdivision 2 19.28 multiplied by the lesser of one, or the ratio of the quotient 19.29 derived by dividing the adjusted net tax capacity of the 19.30 district for the year before the year the levy is certified by 19.31 the actual pupil units in the district for the school year to 19.32 which the levy is attributable, to$3,700$3,800. 19.33 Sec. 10. Laws 1996, chapter 463, section 4, subdivision 2, 19.34 as amended by Laws 1997, chapter 3, section 1, is amended to 19.35 read: 19.36 Subd. 2. Youth Initiative Grants 16,000,000 20.1 For grants to local government units to 20.2 design, furnish, equip, acquire, 20.3 demolish, repair, replace, or construct 20.4 parksand, recreation buildings and 20.5 school buildings to provide youth, with 20.6 preference for youth in grades four 20.7 through eight, with regular enrichment 20.8 activities during nonschool hours, 20.9 including after school, evenings, 20.10 weekends, and school vacation periods, 20.11 and that will provide equal access and 20.12 programming for girls. The buildings 20.13 may be leased to nonprofit community 20.14 organizations, subject to Minnesota 20.15 Statutes, section 16A.695, for the same 20.16 purposes. Enrichment programs include 20.17 academic enrichment, homework 20.18 assistance, computer and technology 20.19 use, arts and cultural activities, 20.20 clubs, school-to-work and work force 20.21 development, athletic, and recreational 20.22 activities. Grants must be used to 20.23 expand the number of children 20.24 participating in enrichment programs or 20.25 improve the quality or range of program 20.26 offerings. The facilities must be 20.27 fully available for programming 20.28 sponsored by youth-serving nonprofit 20.29 and community groups, or school, 20.30 county, or city programs, for maximum 20.31 hours after school, evenings, weekends, 20.32 summers, and other school vacation 20.33 periods. Priority must be given to 20.34 proposals that demonstrate 20.35 collaboration among private, nonprofit, 20.36 and public agencies, including regional 20.37 entities dealing with at-risk youth, 20.38 and community and parent organizations 20.39 in arranging for programming, staffing, 20.40 transportation, and equipment. All 20.41 proposals must include an inventory of 20.42 existing facilities and an assessment 20.43 of programming needs in the community. 20.44 (a) Enrichment grants within the 20.45 city of Minneapolis 5,000,000 20.46 Of this amount, at least $2,500,000 20.47 must be used in the neighborhoods of 20.48 the Near North, Hawthorne, Sumner- 20.49 Glenwood-Harrison, Powderhorn, Central, 20.50 Whittier, and Phillips. 20.51 (b) Enrichment grants within the 20.52 city of St. Paul 5,000,000 20.53 Of this amount, at least $2,500,000 20.54 must be used in the neighborhoods of 20.55 Summit-University, Thomas-Dale, North 20.56 End, Payne-Phalen, Daytons Bluff, and 20.57 the West Side. 20.58 The remaining $2,500,000 is available 20.59 citywide, with priority for some of the 20.60 remaining amount given to proposals by 20.61 public/private partnerships currently 20.62 offering after-school enrichment 20.63 programs in low-income areas in 20.64 conjunction with a neighborhood-based 20.65 organization. Up to $100,000 of the 20.66 remaining $2,500,000 may be used to 21.1 develop urban sports facilities for 21.2 at-risk inner city youth, including 21.3 those older than eighth grade. 21.4 (c) Enrichment grants outside 21.5 of the cities of Minneapolis 21.6 and St. Paul 6,000,000 21.7 Priority must be given to school 21.8 attendance areas with high 21.9 concentrations of children eligible for 21.10 free or reduced school lunch and to 21.11 government units demonstrating a 21.12 commitment to collaborative youth 21.13 efforts. 21.14 $500,000 is to the city of Bloomington 21.15 for after school enrichment activities 21.16 in the northeast Bloomington study area. 21.17 The commissioner of children, families, 21.18 and learning must make a grant of at 21.19 least $1,000,000 to a school district 21.20 that is a part of a collaborative 21.21 effort that has at least two other 21.22 school districts, is multicultural and 21.23 multijurisdictional, and has previously 21.24 received a facility planning grant for 21.25 collaborative purposes. 21.26 (d) Each grant must be matched by $1 21.27 from local sources for each $2 of state 21.28 money. In-kind contributions of 21.29 facilities may be used for the local 21.30 match. The value of in-kind 21.31 contributions must be determined by the 21.32 commissioner of finance. 21.33 (e) Preference must be given to 21.34 projects for which at least ten percent 21.35 of the youth initiative grant is 21.36 expended using youthbuild under 21.37 Minnesota Statutes, sections 268.361 to 21.38 268.367, or other youth employment and 21.39 training programs, for the labor 21.40 portion of the construction. Eligible 21.41 programs must consult with appropriate 21.42 labor organizations to deliver 21.43 education and training. 21.44 Sec. 11. [MINNESOTA ADOLESCENT PARENTING PROGRAM GRANT.] 21.45 Subdivision 1. [ESTABLISHMENT.] A grant program is 21.46 established to provide school-based, comprehensive 21.47 community-linked programs for ensuring the long-term 21.48 self-sufficiency of adolescent families and the development and 21.49 school readiness of their children. 21.50 Subd. 2. [GOALS.] The goals of the adolescent parenting 21.51 grant programs are to: 21.52 (1) assist pregnant and parenting adolescents to make 21.53 significant gains in school attendance, attainment of state 21.54 graduation standards, and acquisition of school-to-career 22.1 skills; 22.2 (2) prevent child abuse and neglect by improving the 22.3 parenting and communication skills of pregnant and parenting 22.4 adolescents; 22.5 (3) reduce long-term welfare dependency among adolescent 22.6 parents; and 22.7 (4) improve the outcomes for adolescent parents and their 22.8 children in the number of healthy births; cognitive, social, 22.9 linguistic, and emotional development; immunization rates; and 22.10 school readiness. 22.11 Subd. 3. [ELIGIBLE STUDENTS.] The following students are 22.12 eligible for support services under the adolescent parenting 22.13 grant program: 22.14 (1) any student enrolled in a school district with an 22.15 approved adolescent parenting program who is age 21 or younger 22.16 and who is an expectant parent, custodial parent, or 22.17 noncustodial parent; and 22.18 (2) any child of a student as defined in clause (1) who is 22.19 under the age of five and is not yet enrolled in kindergarten. 22.20 Subd. 4. [GRANT APPLICATION.] A school district, group of 22.21 school districts, alternative learning programs approved by the 22.22 commissioner, or family service collaboratives may apply for an 22.23 adolescent parenting program grant to the commissioner of 22.24 children, families, and learning. The application must include 22.25 a detailed description of the program, including a description 22.26 of the population to be served by the program, a description of 22.27 the community agency or agencies collaborating with the site to 22.28 provide support services, an explanation of how each of the 22.29 program components will contribute to achieving program 22.30 outcomes, the number of pupils to be served by the pilot 22.31 program, a detailed budget that demonstrates the capacity to 22.32 achieve the program's goals, and a comprehensive evaluation plan 22.33 for measuring progress toward achieving the program's goals. 22.34 Subd. 5. [PROGRAM COMPONENTS.] An adolescent parenting 22.35 program must include: 22.36 (1) a high quality educational program provided in the 23.1 least restrictive environment that includes strategies to ensure 23.2 access to educational services, including flexible attendance 23.3 policies and class scheduling, and grants academic credit for 23.4 all work completed; 23.5 (2) to the extent possible, collaboration with other 23.6 governmental agencies and community-based organizations to 23.7 provide on-site support services, including child care; 23.8 (3) an individualized learning plan for each eligible 23.9 student that includes career goals; 23.10 (4) assurance of compliance with requirements of Public Law 23.11 Number 92-318, title IX, prohibiting discrimination against 23.12 students due to their pregnant or parenting status; 23.13 (5) courses in parent education and life skills; 23.14 (6) accountability measures for student performance linked 23.15 to graduation standards; 23.16 (7) professional development opportunities on adolescent 23.17 pregnancy and parenting issues and strategies to achieve 23.18 academic success with this student population; 23.19 (8) a system to document that adolescent parenting and 23.20 prevention support funds were used to provide support services 23.21 to eligible students; 23.22 (9) a system for collecting and reporting specific student 23.23 data, including goals and outcome measurements; and 23.24 (10) a program advisory council, which may consist of an 23.25 existing local council. 23.26 Sec. 12. [APPROPRIATIONS.] 23.27 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 23.28 LEARNING.] The sums indicated in this section are appropriated 23.29 from the general fund to the department of children, families, 23.30 and learning for the fiscal years designated. 23.31 Subd. 2. [FAMILY COLLABORATIVES.] For family 23.32 collaboratives according to Laws 1995, First Special Session 23.33 chapter 3, article 4, section 29, subdivision 10: 23.34 $7,500,000 ..... 1998 23.35 $7,500,000 ..... 1999 23.36 Of the appropriation, $150,000 each year is for grants 24.1 targeted to assist in providing collaborative children's library 24.2 service programs. To be eligible, a family collaborative grant 24.3 recipient must collaborate with at least one public library and 24.4 one children's or family organization. The public library must 24.5 involve the regional public library system and multitype library 24.6 system to which it belongs in the planning and provide for an 24.7 evaluation of the program. 24.8 No more than 2.5 percent of the appropriation is available 24.9 to the state to administer and evaluate the grant program. 24.10 Any balance in the first year does not cancel but is 24.11 available in the second year. 24.12 Subd. 3. [COMMUNITY EDUCATION AID.] For community 24.13 education aid according to Minnesota Statutes, section 124.2713: 24.14 $1,828,000 ..... 1998 24.15 $1,619,000 ..... 1999 24.16 The 1998 appropriation includes $237,000 for 1997 and 24.17 $1,591,000 for 1998. 24.18 The 1999 appropriation includes $176,000 for 1998 and 24.19 $1,443,000 for 1999. 24.20 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 24.21 adults with disabilities programs according to Minnesota 24.22 Statutes, section 124.2715: 24.23 $770,000 ..... 1998 24.24 $770,000 ..... 1999 24.25 Any balance in the first year does not cancel but is 24.26 available in the second year. 24.27 Of this amount, $100,000 each year may be used to pilot 24.28 programs in five regions of the state that currently have no 24.29 programs for adults with disabilities. These programs may not 24.30 levy for fiscal year 1999 or later. Of this amount, $200,000 is 24.31 a one-time appropriation and is not to be added to the permanent 24.32 base. 24.33 Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for 24.34 hearing-impaired adults according to Minnesota Statutes, section 24.35 121.201: 24.36 $70,000 ..... 1998 25.1 $70,000 ..... 1999 25.2 Any balance in the first year does not cancel but is 25.3 available in the second year. 25.4 Subd. 6. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 25.5 violence prevention education grants: 25.6 $1,575,000 ..... 1998 25.7 $1,575,000 ..... 1999 25.8 Of the amount each year, $75,000 is for community violence 25.9 prevention councils which is not an increase in the base level 25.10 appropriation, and $50,000 is for program administration. 25.11 Any balance in the first year does not cancel but is 25.12 available in the second year. 25.13 Subd. 7. [MALE RESPONSIBILITY.] For male responsibility 25.14 grants: 25.15 $250,000 ..... 1998 25.16 $250,000 ..... 1999 25.17 The commissioner of children, families, and learning may 25.18 enter into cooperative agreements with the commissioner of human 25.19 services to access federal money for child support and paternity 25.20 education programs. 25.21 Any balance in the first year does not cancel but is 25.22 available in the second year. 25.23 Subd. 8. [ABUSED CHILDREN.] For abused children programs 25.24 according to Minnesota Statutes, section 119A.21: 25.25 $1,048,000 ..... 1998 25.26 $1,079,000 ..... 1999 25.27 Any balance in the first year does not cancel but is 25.28 available in the second year. 25.29 Subd. 9. [DRUG POLICY AND VIOLENCE PREVENTION PROGRAMS.] 25.30 For drug policy, violence prevention, and family visitation 25.31 programs: 25.32 $3,412,000 ..... 1998 25.33 $3,480,000 ..... 1999 25.34 Any balance in the first year does not cancel but is 25.35 available in the second year. 25.36 Subd. 10. [CHILDREN'S TRUST FUND.] For children's trust 26.1 fund according to Minnesota Statutes, sections 119A.12 and 26.2 119A.13: 26.3 $247,000 ..... 1998 26.4 $247,000 ..... 1999 26.5 Any balance in the first year does not cancel but is 26.6 available in the second year. 26.7 Subd. 11. [AFTER SCHOOL ENRICHMENT GRANTS.] For after 26.8 school enrichment grants according to Laws 1996, chapter 412, 26.9 article 4, section 30: 26.10 $6,029,000 ..... 1998 26.11 $6,029,000 ..... 1999 26.12 The commissioner may use up to five percent of this 26.13 appropriation to provide technical assistance and evaluation to 26.14 community organizations. 26.15 Any balance in the first year does not cancel but is 26.16 available in the second year. 26.17 For fiscal year 1998, the commissioner may award grantees 26.18 one additional year of funding up to the grant award in fiscal 26.19 year 1997. Additional appropriations in fiscal year 1998 and 26.20 fiscal year 1999 must be used to award grants on a competitive 26.21 basis. 26.22 Subd. 12. [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with 26.23 funds received under Minnesota Statutes, section 171.29, 26.24 subdivision 2, paragraph (b), clause (4): 26.25 $314,000 ..... 1998 26.26 $314,000 ..... 1999 26.27 (b) These appropriations are from the alcohol-impaired 26.28 driver account of the special revenue fund. Any funds credited 26.29 for the department of children, families, and learning to the 26.30 alcohol-impaired driver account of the special revenue fund in 26.31 excess of the amounts appropriated in this subdivision are 26.32 appropriated to the department of children, families, and 26.33 learning and available in fiscal year 1998 and fiscal year 1999. 26.34 (c) Up to $226,000 each year may be used by the department 26.35 of children, families, and learning to contract for services to 26.36 school districts stressing the dangers of driving after 27.1 consuming alcohol. No more than five percent of this amount may 27.2 be used for administrative costs by the contract recipients. 27.3 (d) Up to $88,000 each year may be used for grants to 27.4 support student-centered programs to discourage driving after 27.5 consuming alcohol. 27.6 Subd. 13. [CHEMICAL ABUSE PREVENTION GRANTS.] (a) For 27.7 grants with funds received under Minnesota Statutes, section 27.8 171.29, subdivision 2, paragraph (b), clause (4): 27.9 $200,000 ..... 1998 27.10 $200,000 ..... 1999 27.11 (b) These appropriations are from the chemical abuse 27.12 prevention account of the special revenue fund. Any funds 27.13 credited for the department of children, families, and learning 27.14 to the chemical abuse account of the special revenue fund in 27.15 excess of the amounts appropriated in this subdivision are 27.16 appropriated to the department of children, families, and 27.17 learning and are available in fiscal year 1998 and fiscal year 27.18 1999. 27.19 (c) Of these amounts, up to $300,000 is for a grant to 27.20 provide a match for a community collaborative project for 27.21 children and youth developed by a regional organization 27.22 established under Minnesota Statutes, section 116J.415, to 27.23 receive rural development challenge grants in fiscal years 1998 27.24 and 1999 only. 27.25 The regional organization must include a broad 27.26 cross-section of public and private sector community 27.27 representatives to develop programs, services, or facilities to 27.28 address specific community needs of children and youth. 27.29 The regional organization that receives a grant must 27.30 provide a two-to-one match of nonstate dollars. 27.31 Subd. 14. [EXTENDED DAY AID.] For extended day aid 27.32 according to Minnesota Statutes, section 124.2716: 27.33 $347,000 ..... 1998 27.34 $304,000 ..... 1999 27.35 The 1998 appropriation includes $37,000 for 1997 and 27.36 $310,000 for 1998. 28.1 The 1999 appropriation includes $34,000 for 1998 and 28.2 $270,000 for 1999. 28.3 Subd. 15. [NEIGHBORHOOD-BASED SERVICES.] For the pilot 28.4 projects in neighborhood-based services under Minnesota 28.5 Statutes, section 119A.08: 28.6 $50,000 ..... 1998 28.7 Subd. 16. [ADOLESCENT PARENTING GRANT.] For adolescent 28.8 parenting grants under section 1: 28.9 $800,000 ..... 1998 28.10 Any balance the first year does not cancel but is available 28.11 in the second year. This money is available for 1998-1999 28.12 only. Up to $550,000 is for grants to Minnesota school 28.13 districts, area learning centers, or family service 28.14 collaboratives for adolescent parenting services. The 28.15 commissioner must include in the criteria for grant awards the 28.16 number of enrolled students who are custodial, noncustodial, or 28.17 expectant parents. A grant to a single school site may not 28.18 exceed $50,000. 28.19 Up to $250,000 is for grants to school-based early 28.20 childhood programs in Minnesota school districts for services to 28.21 children of adolescent parents who remain enrolled in a public 28.22 school district. 28.23 A grant to a single early childhood site may not exceed 28.24 $25,000. 28.25 The commissioner shall make grants under this section to 28.26 two metropolitan area school districts and at least two 28.27 nonmetropolitan adolescent parenting programs. 28.28 Where applicable, the department shall assure the 28.29 coordination of male responsibility grants, the Minnesota 28.30 adolescent parenting program, ENABL, and any federal resources 28.31 available to serve pregnant or parenting adolescents or programs 28.32 for the prevention of pregnancy. 28.33 Subd. 17. [YOUTH OUTREACH SERVICES.] For the Meadowbrook 28.34 collaborative housing project in St. Louis Park to provide 28.35 educational and recreational services for youth at risk through 28.36 the development of formal after school programming and weekend 29.1 youth activities. These funds shall be available to assist in 29.2 staffing and programming to reduce truancy, develop assets for 29.3 youth at risk, and mentoring with adults: 29.4 $25,000 ..... 1998 29.5 Subd. 18. [EARLY INTERVENTION PROGRAM.] For continued 29.6 implementation of the crime prevention, targeted early 29.7 intervention program established in Laws 1995, chapter 226, 29.8 article 3, section 62: 29.9 $200,000 ..... 1998 29.10 $200,000 ..... 1999 29.11 Any balance in the first year does not cancel, but is 29.12 available in the second year. 29.13 The commissioner of children, families, and learning is 29.14 responsible for continuation of the targeted early intervention 29.15 program. The commissioner of children, families, and learning 29.16 shall report findings and recommendations to the legislature 29.17 annually on the standards and model programming developed under 29.18 the demonstration project to guide the design of targeted early 29.19 intervention services to prevent crime and delinquency. 29.20 Subd. 19. [LITTLE EARTH EARLY LEARNING CENTER.] For a 29.21 matching grant to the Little Earth Residents Association for 29.22 programming in the Neighborhood Early Learning Center: 29.23 $250,000 ..... 1998 29.24 Each dollar of grant funds must be matched by a dollar of 29.25 nonstate money. 29.26 Subd. 20. [CAREER AND TRAINING GRANT.] For a grant to the 29.27 Total Solutions Group University and Summit Academy OIC for the 29.28 purpose of providing youth and adult career and technology 29.29 oriented training and education at the Northside Career and 29.30 Technology Center. 29.31 $178,000 ..... 1998 29.32 This appropriation does not cancel but is available until 29.33 spent. 29.34 Sec. 13. [LEAD HAZARD REDUCTION.] 29.35 For the lead hazard reduction program in Minnesota 29.36 Statutes, section 268.92: 30.1 $200,000 ..... 1998 30.2 The appropriation is available for the biennium ending June 30.3 30, 1999. 30.4 Of this amount $50,000 is for a grant to the city of St. 30.5 Louis Park to conduct lead testing and clean up in the 30.6 residential neighborhoods contaminated by an industrial lead 30.7 site. 30.8 ARTICLE 3 30.9 SELF-SUFFICIENCY PROGRAMS 30.10 Section 1. Minnesota Statutes 1996, section 119A.01, 30.11 subdivision 3, is amended to read: 30.12 Subd. 3. [PURPOSE.] The purpose in creating the department 30.13 is to increase the capacity of Minnesota communities to 30.14 measurably improve the well-being of children and families by: 30.15 (1) coordinating and integrating state funded and locally 30.16 administered family and children programs; 30.17 (2) improving flexibility in the design, funding, and 30.18 delivery of programs affecting children and families; 30.19 (3) providing greater focus on strategies designed to 30.20 prevent problems affecting the well-being of children and 30.21 families; 30.22 (4) enhancing local decision making, collaboration, and the 30.23 development of new governance models; 30.24 (5) improving public accountability through the provision 30.25 of research, information, and the development of measurable 30.26 program outcomes; 30.27 (6) increasing the capacity of communities to respond to 30.28 the whole child by improving the ability of families to gain 30.29 access to services; 30.30 (7) encouraging all members of a community to nurture all 30.31 the children in the community;and30.32 (8) supporting parents in their dual roles as breadwinners 30.33 and parents; and 30.34 (9) reducing the condition of poverty for families and 30.35 children through comprehensive community-based strategies. 30.36 Sec. 2. Minnesota Statutes 1996, section 119A.04, 31.1 subdivision 6, is amended to read: 31.2 Subd. 6. [FUNDING FOR TRANSFERRED PROGRAMS.] State 31.3 appropriations for programs transferred under this section may 31.4 not be used to replace appropriations for K-12 programs. State 31.5 and federal appropriations for programs under subdivision 5a, 31.6 transferred from the department of economic security, may not be 31.7 used to replace, supplement, or supplant federal or state 31.8 appropriations for any other program in the department. 31.9 Sec. 3. Minnesota Statutes 1996, section 119A.04, is 31.10 amended by adding a subdivision to read: 31.11 Subd. 7. [GRANTEES OF TRANSFERRED PROGRAMS.] Except as 31.12 provided in Minnesota Rules, chapter 3350, the commissioner 31.13 shall not reduce the numbers of organizations or eliminate 31.14 specific types of organizations that are eligible to directly 31.15 apply for grants made by programs transferred from the 31.16 department of economic security after January 1, 1997. 31.17 Sec. 4. Minnesota Statutes 1996, section 119A.15, is 31.18 amended by adding a subdivision to read: 31.19 Subd. 5a. [EXCLUDED PROGRAMS.] Programs transferred to the 31.20 department of children, families, and learning from the 31.21 department of economic security may not be included in the 31.22 consolidated funding account and are ineligible for local 31.23 consolidation. The commissioner may not apply for federal 31.24 waivers to include these programs in funding consolidation 31.25 initiatives. The programs include the following: 31.26 (1) programs for the homeless under sections 268.365, 31.27 268.38, and 268.39; 31.28 (2) emergency energy assistance and energy conservation 31.29 programs under sections 4.071 and 268.371; 31.30 (3) weatherization programs under section 268.37; 31.31 (4) foodshelf programs under section 268.55 and the 31.32 emergency food assistance program; and 31.33 (5) lead abatement programs under section 268.92. 31.34 Sec. 5. Minnesota Statutes 1996, section 124.17, 31.35 subdivision 2e, is amended to read: 31.36 Subd. 2e. [AVERAGE DAILY MEMBERSHIP, PUPILS AGE 21 OR 32.1 OVER.] The average daily membership for pupils age 21 or over,32.2 is equal to the ratio of the number of yearly hours that the 32.3 pupil is in membership to the number of instructional hours in 32.4 the district's regular school year. A pupil enrolled in the 32.5 graduation incentives program under section 126.22, subdivision 32.6 2, paragraph (b), for more than the number of instructional 32.7 hours in the district's regular school year may be counted as 32.8 more than one pupil in average daily membership. 32.9 Sec. 6. Minnesota Statutes 1996, section 124.26, is 32.10 amended by adding a subdivision to read: 32.11 Subd. 1d. [ADULTS WITH DISABILITIES.] An adult basic 32.12 education program may provide special instruction and services 32.13 to adults according to subdivision 1b who have a significant 32.14 impairment that limits or restricts a major life activity such 32.15 as hearing, seeing, speaking, walking, caring for oneself, 32.16 learning, working, or performing manual tasks, as determined by 32.17 the commissioner. The program must be approved by the 32.18 commissioner according to the criteria set forth in subdivision 32.19 1c. Adults who qualify for this program must have the ability 32.20 to make substantial progress toward their stated academic goals 32.21 in reading, writing, mathematics, and communications, as 32.22 determined by the commissioner. 32.23 Sec. 7. Minnesota Statutes 1996, section 124.26, 32.24 subdivision 2, is amended to read: 32.25 Subd. 2. [ACCOUNTS; REVENUE; AID.] Each district, group of 32.26 districts, or private nonprofit organization providing adult 32.27 basic education programs shall establish and maintain accounts 32.28 separate from all other district accounts for the receipt and 32.29 disbursement of all funds related to these programs. All 32.30 revenue received pursuant to this section shall be utilized 32.31 solely for the purposes of adult basic education programs. In 32.32 no case shall federal and state aid plus levy equal more than 32.33 100 percent of the actual cost of providing these programs. 32.34 Sec. 8. Minnesota Statutes 1996, section 124.2601, 32.35 subdivision 3, is amended to read: 32.36 Subd. 3. [AIDREVENUE.] Adult basic educationaidrevenue 33.1 for each approved program equals 65 percent of the general 33.2 education formula allowance times the number of full-time 33.3 equivalent students in its adult basic education program. 33.4 Sec. 9. Minnesota Statutes 1996, section 124.2601, 33.5 subdivision 4, is amended to read: 33.6 Subd. 4. [LEVY.] To obtain adult basic education revenue, 33.7 a district with an eligible program may levy an amount not to 33.8 exceed the amount raised by.12.119 percent times the adjusted 33.9 tax capacity of the district for the preceding year. 33.10 Sec. 10. Minnesota Statutes 1996, section 124.2601, 33.11 subdivision 5, is amended to read: 33.12 Subd. 5. [REVENUEAID.] Adult basic educationrevenueaid 33.13 is equal to thesumdifference of an approved program's adult 33.14 basic educationaidrevenue and its adult basic education levy. 33.15 If the district does not levy the full amount permitted, the 33.16 adult education aid shall be reduced in proportion to the actual 33.17 amount levied. 33.18 Sec. 11. Minnesota Statutes 1996, section 124.2601, 33.19 subdivision 6, is amended to read: 33.20 Subd. 6. [AID GUARANTEE.] (a) For fiscal year 1994, any 33.21 adult basic education program that receives less state aid under 33.22 subdivisions 3 and 7 than from the aid formula for fiscal year 33.23 1992 shall receive the amount of aid it received in fiscal year 33.24 1992. 33.25 (b) For 1995and later, 1996, and 1997 fiscal years, an 33.26 adult basic education program that receives aid shall receive at 33.27 least the amount of aid it received in fiscal year 1992 under 33.28 subdivisions 3 and 7, plus aid equal to the amount of revenue 33.29 that would have been raised for taxes payable in 1994 under 33.30 Minnesota Statutes 1992, section 124.2601, subdivision 4, minus 33.31 the amount raised under subdivision 4. 33.32 (c) For fiscal year 1998, any adult basic education program 33.33 that receives less state aid than in fiscal year 1997 shall 33.34 receive additional aid equal to 80 percent of the difference 33.35 between its 1997 aid and the amount of aid under subdivision 5. 33.36 For fiscal year 1999 and later, additional aid under this 34.1 paragraph shall be reduced by 20 percent each year. 34.2 Sec. 12. Minnesota Statutes 1996, section 124.2601, is 34.3 amended by adding a subdivision to read: 34.4 Subd. 8. [ADULTS WITH DISABILITIES AID.] Adult basic 34.5 education aid for adults with disabilities programs established 34.6 under section 124.26, subdivision 1d, equals $225 for each 34.7 eligible participant enrolled for a minimum of 12 hours. 34.8 Sec. 13. Minnesota Statutes 1996, section 124.261, 34.9 subdivision 1, is amended to read: 34.10 Subdivision 1. [AID ELIGIBILITY.] For fiscalyearyears 34.1119961998 and later, adult high school graduation aid for 34.12 eligible pupils age 21 or over, equals 65 percent of the general 34.13 education formula allowance times 1.30 times the average daily 34.14 membership under section 124.17, subdivision 2e.For 1997 and34.15later fiscal years, adult high school graduation aid per34.16eligible pupil equals the amount established by the commissioner34.17of children, families, and learning, in consultation with the34.18commissioner of finance, based on the appropriation for this34.19program.Adult high school graduation aid must be paid in 34.20 addition to any other aid to the district. Pupils age 21 or 34.21 over may not be counted by the district for any purpose other 34.22 than adult high school graduation aid. 34.23 Sec. 14. Minnesota Statutes 1996, section 268.53, 34.24 subdivision 5, is amended to read: 34.25 Subd. 5. [FUNCTIONS; POWERS.] A community action agency 34.26 shall: 34.27 (a) Plan systematically for an effective community action 34.28 program; develop information as to the problems and causes of 34.29 poverty in the community; determine how much and how effectively 34.30 assistance is being provided to deal with those problems and 34.31 causes; and establish priorities among projects, activities and 34.32 areas as needed for the best and most efficient use of 34.33 resources; 34.34 (b) Encourage agencies engaged in activities related to the 34.35 community action program to plan for, secure, and administer 34.36 assistance available under section 268.52 or from other sources 35.1 on a common or cooperative basis; provide planning or technical 35.2 assistance to those agencies; and generally, in cooperation with 35.3 community agencies and officials, undertake actions to improve 35.4 existing efforts to reduce poverty, such as improving day-to-day 35.5 communications, closing service gaps, focusing resources on the 35.6 most needy, and providing additional opportunities to low-income 35.7 individuals for regular employment or participation in the 35.8 programs or activities for which those community agencies and 35.9 officials are responsible; 35.10 (c) Initiate and sponsor projects responsive to needs of 35.11 the poor which are not otherwise being met, with particular 35.12 emphasis on providing central or common services that can be 35.13 drawn upon by a variety of related programs, developing new 35.14 approaches or new types of services that can be incorporated 35.15 into other programs, and filling gaps pending the expansion or 35.16 modification of those programs; 35.17 (d) Establish effective procedures by which the poor and 35.18 area residents concerned will be enabled to influence the 35.19 character of programs affecting their interests, provide for 35.20 their regular participation in the implementation of those 35.21 programs, and provide technical and other support needed to 35.22 enable the poor and neighborhood groups to secure on their own 35.23 behalf available assistance from public and private sources; 35.24 (e) Join with and encourage business, labor and other 35.25 private groups and organizations to undertake, together with 35.26 public officials and agencies, activities in support of the 35.27 community action program which will result in the additional use 35.28 of private resources and capabilities, with a view to developing 35.29 new employment opportunities, stimulating investment that will 35.30 have a measurable impact on reducing poverty among residents of 35.31 areas of concentrated poverty, and providing methods by which 35.32 residents of those areas can work with private groups, firms, 35.33 and institutions in seeking solutions to problems of common 35.34 concern. 35.35 Community action agencies, the Minnesota migrant council, 35.36 and the Indian reservations, may enter into cooperative 36.1 purchasing agreements and self-insurance programs with local 36.2 units of government. Nothing in this section expands or limits 36.3 the current private or public nature of a local community action 36.4 agency. 36.5 (f) Adopt policies that require the agencies to refer area 36.6 residents and community action program constituents to education 36.7 programs that increase literacy, improve parenting skills, and 36.8 address the needs of children from families in poverty. These 36.9 programs include, but are not limited to, early childhood family 36.10 education programs, adult basic education programs, and other 36.11 life-long learning opportunities. The agencies and agency 36.12 programs, including Head Start, shall collaborate with child 36.13 care and other early childhood education programs to ensure 36.14 smooth transitions to work for parents. 36.15 Sec. 15. Minnesota Statutes 1996, section 268.912, is 36.16 amended to read: 36.17 268.912 [HEAD START PROGRAM.] 36.18 The department ofeconomic securitychildren, families, and 36.19 learning is the state agency responsible for administering the 36.20 Head Start program. The commissioner ofeconomic security36.21 children, families, and learning may make grants to public or 36.22 private nonprofit agencies for the purpose of providing 36.23 supplemental funds for the federal Head Start program. 36.24 Sec. 16. Minnesota Statutes 1996, section 268.913, 36.25 subdivision 2, is amended to read: 36.26 Subd. 2. [PROGRAM ACCOUNT 20.] "Program account 20" means 36.27 the federally designated and funded accountlimited tofor 36.28 training and technical assistance activities. 36.29 Sec. 17. Minnesota Statutes 1996, section 268.913, 36.30 subdivision 4, is amended to read: 36.31 Subd. 4. [PROGRAM ACCOUNT2625.] "Program account2625" 36.32 means the federally designated and funded accountthat can only36.33be used to provide special services to handicapped diagnosed36.34childrenfor parent child centers. 36.35 Sec. 18. Minnesota Statutes 1996, section 268.914, 36.36 subdivision 1, is amended to read: 37.1 Subdivision 1. [STATE SUPPLEMENT FOR FEDERAL GRANTEES.] 37.2 (a) The commissioner ofeconomic security shallchildren, 37.3 families, and learning must distribute money appropriated for 37.4 that purpose to Head Start program grantees to expand 37.5 services and to serve additional low-income children. Money 37.6 must be allocated to each project Head Start grantee in 37.7 existence on the effective date of Laws 1989, chapter 282. 37.8 Migrant and Indian reservation grantees must be initially 37.9 allocated money based on the grantees' share of federal funds. 37.10 The remaining money must be initially allocated to the remaining 37.11 local agencies based equally on the agencies' share of federal 37.12 funds and on the proportion of eligible children in the 37.13 agencies' service area who are not currently being served. A 37.14 Head Start grantee must be funded at a per child rate equal to 37.15 its contracted, federally funded base level for program accounts 37.1620 to 2620, 22, and 25 at the start of the fiscal year. In 37.17 allocating funds under this paragraph, the commissionerof37.18economic securitymust assure that each Head Start grantee is 37.19 allocated no less funding in any fiscal year than was allocated 37.20 to that grantee in fiscal year 1993. The commissioner may 37.21 provide additional funding to grantees for start-up costs 37.22 incurred by grantees due to the increased number of children to 37.23 be served. Before paying money to the grantees, the 37.24 commissionershallmust notify each grantee of its initial 37.25 allocation, how the money must be used, and the number of 37.26 low-income children that must be served with the allocation. 37.27 Each grantee must notify the commissioner of the number 37.28 ofadditionallow-income children it will be able to serve. For 37.29 any grantee that cannotserve additional children toutilize its 37.30 full allocation, the commissionershallmust reduce the 37.31 allocation proportionately. Money available after the initial 37.32 allocations are reduced must be redistributed to eligible 37.33 grantees. 37.34 (b) Up to 11 percent of the funds appropriated annually may 37.35 be used to provide grants to local Head Start agencies to 37.36 provide funds for innovative programs designed either to target 38.1 Head Start resources to particular at-risk groups of children or 38.2 to provide services in addition to those currently allowable 38.3 under federal Head Start regulations. The commissionershall38.4 must award funds for innovative programs under this paragraph on 38.5 a competitive basis. 38.6 Sec. 19. [WORKER PARTICIPATION COMMITTEES.] 38.7 Notwithstanding Minnesota Statutes, section 15.059, 38.8 subdivision 6, the worker participation committees established 38.9 under Laws 1995, First Special Session chapter 3, article 16, 38.10 section 10, subdivision 3, does not expire until June 30, 1999. 38.11 Sec. 20. [RESIDENTIAL WEATHERIZATION.] 38.12 The commissioner of children, families, and learning shall 38.13 make grants to organizations to weatherize homes of Minnesota 38.14 residents who are 65 years of age or older. Community action 38.15 agencies and other public and private nonprofit organizations 38.16 may apply under Minnesota Statutes, section 268.37, for grants 38.17 from the state appropriation. Eligible recipients must meet the 38.18 income guidelines under the weatherization program and asset 38.19 limitations under medical assistance. Notwithstanding Minnesota 38.20 Statutes, section 268.37, subdivision 4, the commissioner shall 38.21 award grants under this section to meet the goal of cost 38.22 effectively weatherizing the maximum number of residences of 38.23 elderly Minnesotans within the limits of the appropriation. 38.24 Sec. 21. [CAP PROGRAMMING.] 38.25 Community action agencies under Minnesota Statutes, section 38.26 268.53, shall review and evaluate how CAP agencies can integrate 38.27 an education component into the functions and powers under 38.28 Minnesota Statutes, section 268.53, subdivision 5, and the 38.29 community action programs under Minnesota Statutes, section 38.30 268.53. The agencies shall make recommendations and make a 38.31 proposal to the family and early childhood education finance 38.32 division on the means to incorporate education into the 38.33 antipoverty programs administered by CAP agencies. 38.34 Sec. 22. [COOPERATIVE ENGLISH AS A SECOND LANGUAGE AND 38.35 ADULT BASIC EDUCATION PROGRAMS.] 38.36 Subdivision 1. [NONPROFIT, COMMUNITY-BASED ORGANIZATIONS.] 39.1 Any school district, or adult basic education consortium that 39.2 receives revenue under Minnesota Statutes, section 124.2601, 39.3 must collaborate with community-based organizations and 39.4 nonprofit organizations within their district or region that 39.5 have demonstrated the capacity to deliver English as a second 39.6 language or citizenship programming. The district or consortium 39.7 must consider an organization to have demonstrated the capacity 39.8 to deliver programming if the organization has past experience 39.9 or meets the criteria in subdivision 2. No more than eight 39.10 percent of the total funds provided by a school district or an 39.11 adult basic education consortium to a nonprofit or 39.12 community-based organization under this section, may be used for 39.13 the administrative costs of providing English as a second 39.14 language, adult basic education, or citizenship programs. 39.15 Subd. 2. [ELIGIBILITY CRITERIA.] A community-based 39.16 organization or nonprofit organization without past experience 39.17 providing adult basic education services under Minnesota 39.18 Statutes, section 124.2601, must demonstrate that it has met the 39.19 following criteria: 39.20 (1) be legally established as a nonprofit organization; 39.21 (2) have facilities that are accessible to all learners; 39.22 (3) have an established system for fiscal accounting and 39.23 reporting that is consistent with the department of children, 39.24 families, and learning's ABE completion report; 39.25 (4) employ a licensed teacher; and 39.26 (5) require all instructional staff to complete the 39.27 Minnesota Literacy Council's 12-hour training session. 39.28 Sec. 23. [ADULT BASIC EDUCATION STUDIES.] 39.29 Subdivision 1. [COST OF SERVICES AND EQUITY OF 39.30 FUNDING.] The legislative audit commission is asked to request 39.31 that the office of the legislative auditor conduct a study of 39.32 the funding for adult basic education under Minnesota Statutes, 39.33 sections 124.26, 124.2605, and 124.261. The study should assess: 39.34 the cost of providing adult basic education on a per pupil 39.35 basis; the relationship of the cost to the current funding 39.36 formulas for adult basic education; the contribution of K-12 40.1 funding for adult basic education; the relative contribution of 40.2 state aid and local levy to the funding for adult basic 40.3 education; and the equity of the current funding formulas. The 40.4 study should provide recommendations on appropriate funding for 40.5 adult basic education programs, including recommendations on the 40.6 contributions by local school districts through dedicated levies 40.7 and funding that follows students from the K-12 system to the 40.8 adult basic education program. 40.9 Subd. 2. [STUDY OF PERFORMANCE MEASURES FOR ADULT BASIC 40.10 EDUCATION.] The commissioner of children, families, and learning 40.11 shall identify and evaluate participation and performance 40.12 measures for the adult basic education system. The evaluation 40.13 should examine: 40.14 (1) measures and methods to monitor the progress and 40.15 achievements of adults who participate in adult basic education; 40.16 (2) measures of delivery and participation for adults in 40.17 adult basic education including hours of service, intensity of 40.18 service, expectations for and measurement of reasonable 40.19 progress, and priorities for providing service if demand exceeds 40.20 capacity or resources; 40.21 (3) the relationship of participation, intensity, 40.22 priorities, and progress to measures of student performance; 40.23 (4) measures to assess the performance of organizations and 40.24 entities delivering adult basic education services; and 40.25 (5) methods to provide performance-based funding for adult 40.26 basic education programs. 40.27 The commissioner of children, families, and learning shall 40.28 make recommendations to the legislature on a performance-based 40.29 adult basic education system and may contract for all or part of 40.30 the study. 40.31 Sec. 24. [ADULT BASIC EDUCATION TECHNOLOGY PROJECT.] 40.32 The commissioner of children, families, and learning shall 40.33 establish an adult basic education technology project to design, 40.34 implement, and evaluate the use of online technological 40.35 applications for adult learners. The commissioner shall appoint 40.36 individuals to a working group to collaboratively carry out the 41.1 project. Members of the working group must represent adult 41.2 basic education programs that have demonstrated skills and 41.3 experience working with online learning technologies, technology 41.4 experts, and specialists in adult learning and English as a 41.5 second language. Over a three-year period, the working group 41.6 shall plan and develop an adult learning curriculum that is 41.7 consistent with the Minnesota graduation standards and that can 41.8 be delivered through telecommunications to adult learning sites. 41.9 In the first year, the group shall identify, design, and 41.10 test online curriculum and delivery methods for use in adult 41.11 learning programs including adult diploma, general equivalency 41.12 diploma, and English as a second language programs. In the 41.13 second and third years, the group shall identify and implement 41.14 methods to transfer the curriculum and online methods to adult 41.15 basic education providers, provide staff development, and 41.16 evaluate the use of online curriculum. 41.17 Sec. 25. [LOW-INCOME ENERGY ASSISTANCE REVENUE REPORT OF 41.18 FINDINGS.] 41.19 The commissioner that administers the low-income energy 41.20 assistance program shall coordinate a report of findings of 41.21 potential revenue sources for the low-income energy assistance 41.22 program. The report of findings must be done, to the extent 41.23 possible, in cooperation with the commissioner of revenue, the 41.24 commissioner of public service, the public utilities commission, 41.25 members representing the industry including the delivered fuel 41.26 industry, rural electric cooperatives, regulated utilities, 41.27 municipal utilities, and representatives of low-income energy 41.28 advocates and other consumer advocates. By January 31, 1998, 41.29 the report of findings must review and make recommendations to 41.30 the appropriate legislative committees on potential sources of 41.31 revenue to provide assistance to low-income energy consumers 41.32 including, but not limited to: 41.33 (1) a surcharge on summer delivered fuel fills; 41.34 (2) all fuels charge; 41.35 (3) margin over rack programs; 41.36 (4) revenue-based and BTU-based wires charges; and 42.1 (5) general revenue funds. 42.2 Sec. 26. [EMERGENCY SERVICES GRANTS.] 42.3 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 42.4 section, the terms in this subdivision have the meanings given 42.5 them. 42.6 (b) "Emergency services" means: 42.7 (1) providing emergency shelter for homeless persons; and 42.8 (2) assisting homeless persons in obtaining essential 42.9 services, including: 42.10 (i) access to permanent housing; 42.11 (ii) medical and psychological help; 42.12 (iii) employment counseling and job placement; 42.13 (iv) substance abuse treatment; 42.14 (v) financial assistance available from other programs; 42.15 (vi) emergency child care; 42.16 (vii) transportation; and 42.17 (viii) other services needed to stabilize housing. 42.18 (c) "Eligible organization" means a local governmental unit 42.19 or nonprofit organization providing or seeking to provide 42.20 emergency services for homeless persons. 42.21 Subd. 2. [PROGRAM ESTABLISHED; PURPOSE.] An emergency 42.22 services grant program is established to provide homeless 42.23 persons essential services and emergency shelter in safe, 42.24 sanitary, and decent facilities. The grant program is to help 42.25 eligible organizations improve the quality of existing shelters, 42.26 make available other emergency housing, meet the operating and 42.27 maintenance costs of shelters, and provide essential services to 42.28 homeless persons. The program shall be administered by the 42.29 commissioner of children, families, and learning. 42.30 Subd. 3. [DISTRIBUTION OF GRANTS.] The commissioner of 42.31 children, families, and learning shall make grants so as to 42.32 ensure that emergency services are available to meet the needs 42.33 of homeless persons statewide. 42.34 Subd. 4. [MATCHING FUNDS.] The commissioner of children, 42.35 families, and learning may require a grantee to match the grant 42.36 amount with $1 of nonstate funds for every $2 of grant funds. 43.1 The match may be in-kind, including the value of volunteer time, 43.2 or in cash, or a combination of the two. 43.3 Subd. 5. [APPLICATIONS.] An eligible organization may 43.4 apply to the commissioner of children, families, and learning 43.5 for a grant to initiate, maintain, or expand a program providing 43.6 emergency services for homeless persons. The commissioner of 43.7 children, families, and learning shall determine the timing and 43.8 form of the application for the program. 43.9 Subd. 6. [CRITERIA FOR GRANT AWARDS.] The commissioner of 43.10 children, families, and learning shall award grants based on the 43.11 following criteria: 43.12 (1) that the application is for a grant to provide 43.13 emergency services; 43.14 (2) evidence of the applicant's need for state assistance 43.15 and of the need for the particular emergency services to be 43.16 funded; and 43.17 (3) long-range plans for future funding if the need 43.18 continues to exist for the emergency services. 43.19 Subd. 7. [PROGRAM INFORMATION.] In order to collect 43.20 uniform data to measure better the nature and extent of the need 43.21 for emergency services, grant recipients shall collect and make 43.22 available to the commissioner the following information: 43.23 (1) the number of persons who seek emergency shelter and 43.24 where they are seeking shelter; 43.25 (2) the number of persons for whom shelter is provided and 43.26 where, by age, sex, and whether as an individual or part of a 43.27 family; 43.28 (3) the reasons for seeking assistance; 43.29 (4) the length of stay; 43.30 (5) the reasons for leaving the shelter; and 43.31 (6) the demand for essential services. 43.32 Sec. 27. [APPROPRIATIONS.] 43.33 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 43.34 LEARNING.] The sums indicated in this section are appropriated 43.35 from the general fund to the department of children, families, 43.36 and learning for the fiscal years designated. 44.1 Subd. 2. [ADULT BASIC EDUCATION AID.] For adult basic 44.2 education aid according to Minnesota Statutes, section 124.26 in 44.3 fiscal year 1998 and Minnesota Statutes, section 124.2601 in 44.4 fiscal year 1999: 44.5 $12,042,000 ..... 1998 44.6 $12,605,000 ..... 1999 44.7 The 1998 appropriation includes $837,000 for 1997 and 44.8 $11,205,000 for 1998. 44.9 The 1999 appropriation includes $1,245,000 for 1998 and 44.10 $11,360,000 for 1999. 44.11 Subd. 3. [ADULT BASIC EDUCATION TECHNOLOGY PROJECT.] For 44.12 the adult basic education technology project under section 9: 44.13 $50,000 ..... 1998 44.14 $200,000 ..... 1999 44.15 Any balance in the second year does not cancel but is 44.16 available in the second year. This is a one-time appropriation 44.17 only and is not to be added to the base. 44.18 Subd. 4. [ADULT BASIC EDUCATION STUDY.] For the study of 44.19 performance measurers for adult basic education under section 8, 44.20 subdivision 2: 44.21 $25,000 ..... 1998 44.22 Subd. 5. [ADULTS WITH DISABILITIES.] For aid for adults 44.23 with disabilities under Minnesota Statutes, section 124.26, 44.24 subdivision 1d: 44.25 $150,000 ..... 1998 44.26 $150,000 ..... 1999 44.27 Any balance in the first year does not cancel but is 44.28 available in the second year. This is a one-time appropriation 44.29 and is not to be added to the base. 44.30 Subd. 6. [ADULT GRADUATION AID.] For adult graduation aid 44.31 according to Minnesota Statutes, section 124.261: 44.32 $2,780,000 ..... 1998 44.33 $2,858,000 ..... 1999 44.34 The 1998 appropriation includes $224,000 for 1997 and 44.35 $2,556,000 for 1998. 44.36 The 1999 appropriation includes $284,000 for 1998 and 45.1 $2,574,000 for 1999. 45.2 Subd. 7. [GED TESTS.] For payment of 60 percent of the 45.3 costs of GED tests: 45.4 $125,000 ..... 1998 45.5 $125,000 ..... 1999 45.6 Any balance in the first year does not cancel but is 45.7 available in the second year. 45.8 Subd. 8. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 45.9 Minnesota economic opportunity grants: 45.10 $9,000,000 ..... 1998 45.11 $9,000,000 ..... 1999 45.12 Of this appropriation, the commissioner may use up to 8.7 45.13 percent each year for state operations. 45.14 Any balance in the first year does not cancel but is 45.15 available in the second year. 45.16 Subd. 9. [TRANSITIONAL HOUSING PROGRAMS.] For transitional 45.17 housing programs: 45.18 $1,635,000 ..... 1998 45.19 $1,385,000 ..... 1999 45.20 Any balance in the first year does not cancel but is 45.21 available in the second year. Of this amount, the commissioner 45.22 may use up to five percent each year for administration of 45.23 transitional housing programs. In fiscal year 1998, $250,000 is 45.24 a one-time appropriation only and is not to be added to the 45.25 permanent base. 45.26 Subd. 10. [FOOD BANK PROGRAM.] For foodshelf programs 45.27 according to Minnesota Statutes, section 268.55: 45.28 $1,153,000 ..... 1998 45.29 $1,153,000 ..... 1999 45.30 Any balance available in the first year does not cancel but 45.31 is available in the second year. 45.32 Subd. 11. [EMERGENCY FOOD ASSISTANCE.] For emergency food 45.33 assistance according to Laws 1995, chapter 224, section 5, 45.34 subdivision 3: 45.35 $97,000 ..... 1998 45.36 $97,000 ..... 1999 46.1 Any balance in the first year does not cancel but is 46.2 available in the second year. 46.3 Subd. 12. [RESIDENTIAL WEATHERIZATION.] For grants to 46.4 organizations to weatherize residences of Minnesotans who are 65 46.5 years old or older under section 20: 46.6 $250,000 ..... 1998 46.7 $250,000 ..... 1999 46.8 Subd. 13. [HEAD START PROGRAM.] For Head Start programs 46.9 according to Minnesota Statutes, section 268.914: 46.10 $15,095,000 ..... 1998 46.11 $15,095,000 ..... 1999 46.12 The commissioner may use up to two percent each year for 46.13 state operations. 46.14 Any balance in the first year does not cancel but is 46.15 available in the second year. 46.16 Subd. 14. [GED PROGRAMMING GRANT.] For a grant to a public 46.17 television station that serves rural areas of Minnesota to 46.18 provide GED programming to aid immigrants and others who lack a 46.19 high school diploma to obtain a GED in order to continue their 46.20 educations: 46.21 $75,000 ..... 1998 46.22 $75,000 ..... 1999 46.23 Subd. 15. [EMERGENCY SERVICES GRANT PROGRAM.] For the 46.24 purposes of the emergency services grant program: 46.25 $250,000 ..... 1998 46.26 This appropriation is available until June 30, 1999, and is 46.27 a one-time appropriation only and is not to be added to the base. 46.28 Subd. 16. [TRANSFERS; WEATHERIZATION; ENERGY 46.29 ASSISTANCE.] For the biennium ending June 30, 1999, the 46.30 commissioner shall transfer to the low-income home 46.31 weatherization program at least five percent of the money 46.32 received under the low-income home energy assistance block grant 46.33 in each year of the biennium and shall spend all of the 46.34 transferred money during the year of the transfer or the year 46.35 following the transfer. Up to 1.63 percent of the transferred 46.36 money may be used by the commissioner for administrative 47.1 purposes. 47.2 For the biennium ending June 30, 1999, no more than 1.63 47.3 percent of money remaining under the low-income home energy 47.4 assistance program after transfers to the weatherization program 47.5 may be used by the commissioner for administrative purposes. 47.6 ARTICLE 4 47.7 CHILD CARE 47.8 Section 1. Minnesota Statutes 1996, section 15.53, 47.9 subdivision 2, is amended to read: 47.10 Subd. 2. [PERIOD OF ASSIGNMENT.] The period of individual 47.11 assignment or detail under an interchange program shall not 47.12 exceed 24 months, nor shall any person be assigned or detailed 47.13 for more than 24 months during any 36-month period, except when 47.14 the assignment or detail is made to coincide with an 47.15 unclassified appointment under section 15.06. A school 47.16 district, a county, or a public health entity may make an 47.17 assignment for a period not to exceed five years, if the 47.18 assignment is made pursuant to section 121.8355, subdivision 6. 47.19 Details relating to any matter covered in sections 15.51 to 47.20 15.57 may be the subject of an agreement between the sending and 47.21 receiving agencies. Elected officials shall not be assigned 47.22 from a sending agency nor detailed to a receiving agency. 47.23 Sec. 2. Minnesota Statutes 1996, section 119A.13, 47.24 subdivision 2, is amended to read: 47.25 Subd. 2. [ADVISORY COUNCIL.] An advisory council of1917 47.26 members is established under section 15.059. The commissioners 47.27 of human services,public safety,health, and children, 47.28 families, and learning, and correctionsshall each appoint one 47.29 member. The subcommittee on committees of the senate and the 47.30 speaker of the house of representatives shall each appoint two 47.31 members of their respective bodies, one from each caucus. The 47.32 governor shall appoint an additional ten members who shall 47.33 demonstrate knowledge in the area of child abuse prevention and 47.34 shall represent the demographic and geographic composition of 47.35 the state, and to the extent possible, represent the following 47.36 groups: local government, parents, racial and ethnic minority 48.1 communities, the religious community, professional providers of 48.2 child abuse preventionand treatment services, and volunteers in 48.3 child abuse preventionand treatmentservices. The council 48.4 shall advise and assist the commissioner in carrying out 48.5 sections 119A.10 to 119A.16. The council does not expire as 48.6 provided by section 15.059, subdivision 5. 48.7 Sec. 3. Minnesota Statutes 1996, section 119A.13, 48.8 subdivision 3, is amended to read: 48.9 Subd. 3. [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1, 48.10 1987, the commissioner, assisted by the advisory council, shall 48.11 develop a plan to disburse money from the trust fund. In 48.12 developing the plan, the commissioner shall review prevention 48.13 programs. The plan must ensure that all geographic areas of the 48.14 state have an equal opportunity to establish prevention programs 48.15 and receive trust fund money.Biennially thereafter the48.16commissioner shall send the plan to the legislature and the48.17governor by January 1 of each odd-numbered year.48.18 Sec. 4. Minnesota Statutes 1996, section 119A.13, 48.19 subdivision 4, is amended to read: 48.20 Subd. 4. [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The 48.21 commissioner shall: 48.22 (1) provide for the coordination and exchange of 48.23 information on the establishment and maintenance of prevention 48.24 programs; 48.25 (2) develop and publish criteria for receiving trust fund 48.26 money by prevention programs; 48.27 (3) review, approve, and monitor the spending of trust fund 48.28 money by prevention programs; 48.29 (4) provide statewide educational and public informational 48.30 seminars to develop public awareness on preventing child abuse; 48.31 to encourage professional persons and groups to recognize 48.32 instances of child abuse and work to prevent them; to make 48.33 information on child abuse prevention available to the public 48.34 and to organizations and agencies; and to encourage the 48.35 development of prevention programs; 48.36 (5) establish a procedure for an annual, internal 49.1 evaluation of the functions, responsibilities, and performance 49.2 of the commissioner in carrying out Laws 1986, chapter 423. In49.3a year in which the state plan is prepared, the evaluation must49.4be coordinated with the preparation of the state plan; 49.5 (6) provide technical assistance to local councils and 49.6 agencies working in the area of child abuse prevention; and 49.7 (7) accept and review grant applications beginning June 1, 49.8 1987. 49.9 (b) The commissioner shall recommend to the governor and 49.10 the legislature changes in state programs, statutes, policies, 49.11 budgets, and standards that will reduce the problems of child 49.12 abuse, improve coordination among state agencies that provide 49.13 prevention services, and improve the condition of children, 49.14 parents, or guardians in need of prevention program services. 49.15 Sec. 5. Minnesota Statutes 1996, section 119A.14, is 49.16 amended to read: 49.17 119A.14 [LOCAL CHILD ABUSE PREVENTION COUNCILS.] 49.18 Subdivision 1. [ESTABLISHMENT OF COUNCIL.] A child abuse 49.19 prevention council may be established in any county or group of 49.20 counties that was eligible to receive funds under Minnesota 49.21 Statutes 1986, section 145.917 as of January 1, 1986. A council 49.22 organized in such a county or group of counties shall be 49.23 authorized by the commissioner to review programs seeking trust 49.24 fund money on finding that the council meets the criteria in 49.25 this subdivision: 49.26 (a) The council has submitted a plan for the prevention of 49.27 child abuse that includes asurveyrank ordering of needed 49.28 programs and services, assesses the need for additional programs 49.29 or services, and demonstrates that standards and procedures have 49.30 been established to ensure that funds will be distributed and 49.31 used according to Laws 1986, chapter 423. 49.32 (b) A single-county council shall consist of: 49.33 (1)members of a multidisciplinary child protection team49.34which must be established under section 626.558a minimum of 49.35 nine members with the majority consisting of members from the 49.36 community-at-large who do not represent service-providing 50.1 agencies. These members shall represent the demographic and 50.2 geographic composition of the county and, to the extent 50.3 possible, represent the following groups: parents, businesses, 50.4 racial and ethnic minority communities, and the faith 50.5 communities; and 50.6 (2) if necessary, enough additional membersappointed by50.7the countywith knowledge in the area of child abuse prevention 50.8 so that a majority of the council is composed of members who do 50.9 not represent public agencies. 50.10 (c) A multicounty council shall beselected bycomposed of 50.11 the combined membership ofthose multidisciplinary teams which50.12have been established in the counties under section 626.558 and50.13shall consist of:persons in paragraph (b). 50.14(1) one representative each from local human services50.15agencies, county attorney offices, county sheriff offices, and50.16health and education agencies, chosen from among the membership50.17of all the teams;50.18(2) one representative from any other public agency group50.19represented among the combined teams; and50.20(3) enough additional members from the public who have50.21knowledge in the area of child abuse so that a majority of the50.22council is composed of members who do not represent public50.23agencies.50.24(d) In any multicounty group eligible to establish a50.25council under this subdivision, at least 50 percent of the50.26counties must have established a multidisciplinary team under50.27section 626.558 before a council may be established.50.28 Subd. 2. [REVIEW BY COUNCIL.] To be eligible to receive a 50.29 grant from the trust fund, an applicant must have had 50.30 itsprogramapplication reviewed by a child abuse prevention 50.31 council from the applicant's geographic area found by the 50.32 commissioner to meet the criteria in this section. In reviewing 50.33 allsuch programsapplications, the council shall consider the 50.34 extent to which the applicant meets the criteria and standards 50.35 in Laws 1986, chapter 423, and the degree to which the program 50.36 meets the needs of the geographic area. The council shall 51.1 provide to the advisory council its comments and recommendations 51.2 concerning eachprogramapplication reviewed and shall provide 51.3 the advisory council with its prioritization by rank ordering of 51.4 allprogramsapplications reviewed. 51.5 Sec. 6. Minnesota Statutes 1996, section 119A.15, 51.6 subdivision 2, is amended to read: 51.7 Subd. 2. [MATCHING AND OTHER REQUIREMENTS.] Trust fund 51.8 money shall only be distributed to applicants that demonstrate 51.9 an ability to minimally match 40 percent of the amount of trust 51.10 fund money requested and whose proposals meet the other 51.11 criteria. The matching requirement may be met through in-kind 51.12 donations. In awarding grants, the commissioner shall consider 51.13 the extent to which the applicant has demonstrated a willingness 51.14 and ability to: 51.15 (1) continue the prevention program or service if trust 51.16 fund money is eliminated or reduced; and 51.17 (2) provide prevention program models and consultation to 51.18 other organizations and communities. 51.19 Sec. 7. Minnesota Statutes 1996, section 119A.15, 51.20 subdivision 5, is amended to read: 51.21 Subd. 5. [LOCAL COUNCIL AS RECIPIENT OF FUNDS.] The 51.22 commissioner may disburse funds to a local councilon the same51.23basis as to any other applicantfor community education 51.24 purposes, orasfor administrative costs in carrying out Laws 51.25 1986, chapter 423, if all criteria and standards are met.Funds51.26disbursed as administrative costs to a local council must not51.27exceed five percent of total funds disbursed to the area served51.28by the local council.51.29 Sec. 8. Minnesota Statutes 1996, section 119A.16, is 51.30 amended to read: 51.31 119A.16 [ACCEPTANCE OF FEDERAL FUNDS AND OTHER DONATIONS.] 51.32 The commissioner may accept federal money and gifts, 51.33 donations, and bequests for the purposes of Laws 1986, chapter 51.34 423. Money so received and proceeds from the sale of 51.35 promotional items, minus sales promotional costs, must be 51.36 deposited in the trust fund and must be made availableannually52.1 to the commissioner. 52.2 Sec. 9. Minnesota Statutes 1996, section 119B.01, is 52.3 amended by adding a subdivision to read: 52.4 Subd. 7a. [DEPARTMENT.] "Department" means the department 52.5 of children, families, and learning. 52.6 Sec. 10. Minnesota Statutes 1996, section 119B.01, 52.7 subdivision 8, is amended to read: 52.8 Subd. 8. [EDUCATION PROGRAM.] "Education program" means 52.9 remedial or basic education or English as a second language 52.10 instruction, a program leading to a general equivalency or high 52.11 school diploma, post-secondary programs excluding 52.12 postbaccalaureate programs, and other education and training 52.13 needs as documented in anemployabilityemployment planthat is52.14developed by an employment and training service provider52.15certified by the commissioner of economic security or an52.16individual designated by the county to provide employment and52.17training services, as defined in subdivision 9. The 52.18employabilityemployment plan must outline education and 52.19 training needs of a recipient, meet state requirements 52.20 foremployabilityemployment plans, meet the requirements 52.21 of this chapter, and Minnesota Rules, parts9565.50003400.0010 52.22 to9565.52003400.0230, and meet the requirements of programs 52.23 that provide federal reimbursement for child care services. 52.24 Sec. 11. Minnesota Statutes 1996, section 119B.01, 52.25 subdivision 9, is amended to read: 52.26 Subd. 9. [EMPLOYMENTPROGRAMPLAN.] "Employmentprogram52.27 plan" means employment of recipients financially eligible for 52.28 child care assistance,preemployment activities,or other work 52.29 activities approved in an employability development, job search 52.30 support plan, or employment plan that is developed by the county 52.31 agency, if it is acting as an employment and training service 52.32 provider, an employment and training service provider certified 52.33 by the commissioner of economic security or an individual 52.34 designated by the county to provide employment and training 52.35 services. The plans and designation of a service provider must 52.36 meet the requirements of this chapter and chapter 256J or 53.1 chapter 256K, if enacted, Minnesota Rules, parts9565.500053.2 3400.0010 to9565.52003400.0230, and other programs that 53.3 provide federal reimbursement for child care services. 53.4 Sec. 12. Minnesota Statutes 1996, section 119B.01, 53.5 subdivision 12, is amended to read: 53.6 Subd. 12. [INCOME.] "Income" means earned or unearned 53.7 income received by all family members16 years or older, 53.8 including public assistance benefits, unless specifically 53.9 excluded. The following are excluded from income: funds used 53.10 to pay for health insurance premiums for family members, 53.11 scholarships, work-study income, and grants that cover costs for 53.12 tuition, fees, books, and educational supplies; student loans 53.13 for tuition, fees, books, supplies, and living expenses; earned 53.14 income tax credits; in-kind income such as food stamps, energy 53.15 assistance, medical assistance, and housing subsidies;income53.16from summer or part-time employment of 16-, 17-, and 18-year-old53.17full-time secondary school studentsearned income of full- or 53.18 part-time secondary school students up to the age of 19 years 53.19 including summer employment; grant awards under the family 53.20 subsidy program;andnonrecurring lump sum income only to the 53.21 extent that it is earmarked and used for the purpose for which 53.22 it is paid; income that is specifically excluded in section 53.23 256J.21, subdivision 2; and any income assigned to the public 53.24 authority according to section 256.74 or 256.741, if enacted. 53.25 Sec. 13. Minnesota Statutes 1996, section 119B.01, is 53.26 amended by adding a subdivision to read: 53.27 Subd. 12a. [MFIP-S.] "MFIP-S" means the Minnesota family 53.28 investment program-statewide, the state's TANF program under 53.29 Public Law Number 104-193, Title I, and shall be used as a 53.30 synonym for AFDC for purposes of child care assistance program 53.31 eligibility under this chapter. 53.32 Sec. 14. Minnesota Statutes 1996, section 119B.01, 53.33 subdivision 16, is amended to read: 53.34 Subd. 16. [TRANSITION YEAR FAMILIES.] "Transition year 53.35 families" means families wholosehave received AFDC for at 53.36 least three of the last six months before losing eligibility for 54.1 AFDC due to increased hours of employment, increased income from 54.2 employment or child or spousal support, or the loss of income 54.3 disregards due to time limitations, as provided under Public Law54.4Number 100-485. 54.5 Sec. 15. Minnesota Statutes 1996, section 119B.01, 54.6 subdivision 17, is amended to read: 54.7 Subd. 17. [CHILD CARE FUND.] "Child care fund" means a 54.8 program under this chapter providing: 54.9 (1) financial assistance for child care to parents engaged 54.10 in employment or education and training leading to employment; 54.11 and 54.12 (2) grants to develop, expand, and improve the access and 54.13 availability of child care services statewide. 54.14 Sec. 16. Minnesota Statutes 1996, section 119B.02, is 54.15 amended to read: 54.16 119B.02 [DUTIES OF COMMISSIONER.] 54.17 The commissioner shall develop standards for county and 54.18 human services boards to provide child care services to enable 54.19 eligible families to participate in employment, training, or 54.20 education programs. Within the limits of available 54.21 appropriations, the commissioner shall distribute money to 54.22 counties to reduce the costs of child care for eligible 54.23 families. The commissioner shall adopt rules to govern the 54.24 program in accordance with this section. The rules must 54.25 establish a sliding schedule of fees for parents receiving child 54.26 care services. The rules shall provide that funds received as a 54.27 lump sum payment of child support arrearages shall not be 54.28 counted as income to a family in the month received but shall be 54.29 prorated over the 12 months following receipt and added to the 54.30 family income during those months. In the rules adopted under 54.31 this section, county and human services boards shall be 54.32 authorized to establish policies for payment of child care 54.33 spaces for absent children, when the payment is required by the 54.34 child's regular provider. The rules shall not set a maximum 54.35 number of days for which absence payments can be made, but 54.36 instead shall direct the county agency to set limits and pay for 55.1 absences according to the prevailing market practice in the 55.2 county. County policies for payment of absences shall be 55.3 subject to the approval of the commissioner. The commissioner 55.4 shall maximize the use of federal money in section 256.736 and 55.5 other programs that provide federal or state reimbursement for 55.6 child care services forrecipients of aid tolow-income families 55.7with dependent childrenwho are in education, training, job 55.8 search, or other activities allowed under those programs. Money 55.9 appropriated under this section must be coordinated with the 55.10 programs that provide federal reimbursement for child care 55.11 services to accomplish this purpose. Federal reimbursement 55.12 obtained must be allocated to the county that spent money for 55.13 child care that is federally reimbursable under programs that 55.14 provide federal reimbursement for child care services. The 55.15 counties shall use the federal money to expand child care 55.16 services. The commissioner may adopt rules under chapter 14 to 55.17 implement and coordinate federal program requirements. 55.18 Sec. 17. Minnesota Statutes 1996, section 119B.03, 55.19 subdivision 3, is amended to read: 55.20 Subd. 3. [ELIGIBLE RECIPIENTS.] Families that meet the 55.21 eligibility requirements under sections 119B.09, except AFDC 55.22 recipients, MFIP recipients, and transition year families, and 55.23 119B.10 are eligible for child care assistance under the basic 55.24 sliding fee program. Families enrolled in the basic sliding fee 55.25 programas of July 1, 1990,shall be continued until they are no 55.26 longer eligible.Counties shall make vendor payments to the55.27child care provider or pay the parent directly for eligible55.28child care expenses on a reimbursement basis.Child care 55.29 assistance provided through the child care fund is considered 55.30 assistance to the parent. 55.31 Sec. 18. Minnesota Statutes 1996, section 119B.03, 55.32 subdivision 4, is amended to read: 55.33 Subd. 4. [FUNDING PRIORITY.] (a) First priority for child 55.34 care assistance under the basic sliding fee program must be 55.35 given to eligible non-AFDC families who do not have a high 55.36 school or general equivalency diploma or who need remedial and 56.1 basic skill courses in order to pursue employment or to pursue 56.2 education leading to employment. Within this priority, the 56.3 following subpriorities must be used: 56.4 (1) child care needs of minor parents; 56.5 (2) child care needs of parents under 21 years of age; and 56.6 (3) child care needs of other parents within the priority 56.7 group described in this paragraph. 56.8 (b) Second priority must be given to parents who have 56.9 completed their AFDC transition year. 56.10 (c) Third priority must be given to families who are 56.11 eligible for portable basic sliding fee assistance through the 56.12 portability pool under section 119B.03, subdivision 9. 56.13 Sec. 19. Minnesota Statutes 1996, section 119B.03, 56.14 subdivision 5, is amended to read: 56.15 Subd. 5. [REVIEW OF USE OF FUNDS; REALLOCATION.] (a) After 56.16 each quarter, the commissioner shall review the use of basic 56.17 sliding fee program allocations by county. The commissioner may 56.18 reallocate unexpended or unencumbered money among those counties 56.19 who have expended their full allocation or may allow a county to 56.20 expend up to ten percent of its allocation in the subsequent 56.21 allocation period. 56.22 (b) Any unexpendedmoneystate and federal appropriations 56.23 from the first year of the biennium may be carried forward to 56.24 the second year of the biennium. 56.25 Sec. 20. Minnesota Statutes 1996, section 119B.03, 56.26 subdivision 6, is amended to read: 56.27 Subd. 6. [ALLOCATION FORMULA.] Beginning January 1, 56.28 1996, except as provided in subdivision 7, the basic sliding fee 56.29 state and federal funds shall be allocated on a calendar year 56.30 basis. Funds shall be allocated first in amounts equal to each 56.31 county's guaranteed floor according to subdivision 8, with any 56.32 remaining available funds allocated according to the following 56.33 formula: 56.34 (a) One-third of the funds shall be allocated in proportion 56.35 to each county's total expenditures for the basic sliding fee 56.36 child care program reported during the most recent calendar year 57.1 completed at the time of the notice of allocation. 57.2 (b) One-third of the funds shall be allocated based on the 57.3 number of children under age 13 in each county who are enrolled 57.4 in general assistance medical care, medical assistance, and 57.5 MinnesotaCare on December 31 of the most recent calendar year 57.6 completed at the time of the notice of allocation. 57.7 (c) One-third of the funds shall be allocated based on the 57.8 number of children under age 13 who reside in each county, from 57.9 the most recent estimates of the state demographer. 57.10 Sec. 21. Minnesota Statutes 1996, section 119B.03, 57.11 subdivision 7, is amended to read: 57.12 Subd. 7. [SIX-MONTHALLOCATION EXCEPTION.] For the period 57.13 from July 1,1995, to December 31, 1995, every county shall57.14receive an allocation at least equal and proportionate to57.15one-half of its original allocation in state fiscal year 1995.57.16This six-month allocation shall be combined with the calendar57.17year 1996 allocation and be administered as one 18-month57.18allocation.1997, to December 31, 1998, each county must receive 57.19 an amount equal to its original calendar year 1997 allocation. 57.20 The remaining funds must be allocated according to the following 57.21 formula: 57.22 (a) Two-thirds of the funds must be allocated in proportion 57.23 to each county's original calendar year 1997 allocation for the 57.24 basic sliding fee program. 57.25 (b) One-third of the funds must be allocated in proportion 57.26 to each county's most recently reported waiting list as defined 57.27 in section 119B.03, subdivision 2. 57.28 When funding increases are implemented within a calendar 57.29 year, every county must receive an allocation at least equal and 57.30 proportionate to its original allocation for the same time 57.31 period. The remainder of the allocation must be recalculated to 57.32 reflect the funding increase and according to the formulas 57.33 identified in subdivision 6 and this subdivision. 57.34 Sec. 22. Minnesota Statutes 1996, section 119B.03, 57.35 subdivision 8, is amended to read: 57.36 Subd. 8. [GUARANTEED FLOOR.] (a) Beginning January 1, 58.1 1996, each county's guaranteed floor shall equal 90 percent of 58.2 the allocation received in the preceding calendar year.For the58.3calendar year 1996 allocation, the preceding calendar year shall58.4be considered to be double the six-month allocation as provided58.5for in subdivision 7.For the period January 1, 1999, to 58.6 December 31, 1999, each county's guaranteed floor must be equal 58.7 to its original calendar year 1998 allocation or its actual 58.8 earnings for calendar year 1998, whichever is less. 58.9 (b) When the amount of funds available for allocation is 58.10 less than the amount available in the previous year, each 58.11 county's previous year allocation shall be reduced in proportion 58.12 to the reduction in the statewide funding, for the purpose of 58.13 establishing the guaranteed floor. 58.14 Sec. 23. Minnesota Statutes 1996, section 119B.03, is 58.15 amended by adding a subdivision to read: 58.16 Subd. 9. [PORTABILITY POOL.] (a) The commissioner shall 58.17 establish a pool of up to five percent of the annual 58.18 appropriation for the basic sliding fee program to provide 58.19 continuous child care assistance for eligible families who move 58.20 between Minnesota counties. At the end of each allocation 58.21 period, any unspent funds in the portability pool must be added 58.22 to the funds available for reallocation. If expenditures from 58.23 the portability pool exceed the amount of money available, the 58.24 reallocation pool must be reduced to cover these shortages. 58.25 (b) To be eligible for portable basic sliding fee 58.26 assistance, a family that has moved from a county in which it 58.27 was receiving basic sliding fee assistance to a county with a 58.28 waiting list for the basic sliding fee program must: 58.29 (1) meet the income and eligibility guidelines for the 58.30 basic sliding fee program; and 58.31 (2) notify the new county of residence within 30 days of 58.32 moving and apply for basic sliding fee assistance in the new 58.33 county of residence. 58.34 (c) The receiving county must: 58.35 (1) accept administrative responsibility for applicants for 58.36 portable basic sliding fee assistance at the end of the two 59.1 months of assistance under the unitary residency act; 59.2 (2) continue basic sliding fee assistance for the lesser of 59.3 six months or until the family is able to receive assistance 59.4 under the county's regular basic sliding program; and 59.5 (3) notify the commissioner through the quarterly reporting 59.6 process of any family that meets the criteria of the portable 59.7 basic sliding fee assistance pool. 59.8 Sec. 24. Minnesota Statutes 1996, section 119B.03, is 59.9 amended by adding a subdivision to read: 59.10 Subd. 10. [APPLICATION; ENTRY POINTS.] Two or more methods 59.11 of applying for the basic sliding fee program must be available 59.12 to applicants in each county. To meet the requirements of this 59.13 subdivision, a county may provide alternative methods of 59.14 applying for assistance, including, but not limited to, a mail 59.15 application, or application sites that are located outside of 59.16 government offices. 59.17 Sec. 25. Minnesota Statutes 1996, section 119B.04, is 59.18 amended to read: 59.19 119B.04 [FEDERALAT-RISKCHILD CAREPROGRAMAND DEVELOPMENT 59.20 FUND.] 59.21 Subdivision 1. [COMMISSIONER TO ADMINISTER PROGRAM.] The 59.22 commissioner of children, families, and learning is authorized 59.23 and directed to receive, administer, and expend funds available 59.24 under theat-riskchild careprogramand development fund under 59.25 Public Law Number101-508 (1)104-193, Title I. 59.26 Subd. 2. [RULEMAKING AUTHORITY.] The commissioner may 59.27 adopt rules under chapter 14 to administer theat-riskchild 59.28 careprogramand development fund. 59.29 Sec. 26. Minnesota Statutes 1996, section 119B.05, 59.30 subdivision 1, is amended to read: 59.31 Subdivision 1. [ELIGIBLE RECIPIENTS.] Families eligible 59.32 forguaranteedchild care assistance under the AFDC child care 59.33 program are: 59.34 (1) persons receiving services undersection 256.73659.35 sections 256.031 to 256.04; 59.36 (2) AFDC recipients who are employed or in job search and 60.1 meet the requirements of section 119B.10; 60.2 (3) persons who are members of transition year families 60.3 under section 119B.01, subdivision 16; 60.4 (4) members of the control group for the STRIDE evaluation 60.5 conducted by the Manpower Demonstration Research Corporation; 60.6and60.7 (5) AFDC caretakers who are participating in the STRIDE and 60.8 non-STRIDE AFDC child care program; 60.9 (6) families who are participating in employment 60.10 orientation or job search, or other employment or training 60.11 activities that are included in an approved employability 60.12 development plan under chapter 256K, if enacted; and 60.13 (7) MFIP-S families who are participating in work 60.14 activities as required in their job search support or employment 60.15 plan, or in appeals, hearings, assessments, or orientations 60.16 according to chapter 256J, if enacted. Child care assistance to 60.17 support work activities as described in section 256J.49 must be 60.18 available according to sections 119B.01, subdivision 8, 121.882, 60.19 256E.08, 268.916, 611A.32, and titles IVA, IVB, IVE, and XX of 60.20 the Social Security Act. 60.21 Sec. 27. Minnesota Statutes 1996, section 119B.05, 60.22 subdivision 5, is amended to read: 60.23 Subd. 5. [FEDERAL REIMBURSEMENT.] Counties shall maximize 60.24 their federal reimbursement underPublic Law Number 100-485 or60.25otherfederal reimbursement programs for money spent for persons 60.26 eligible under this chapter. The commissioner shall allocate 60.27 any federal earnings to the county to be used to expand child 60.28 care services under this chapter. 60.29 Sec. 28. Minnesota Statutes 1996, section 119B.05, 60.30 subdivision 6, is amended to read: 60.31 Subd. 6. [ACCESS CHILD CARE PROGRAM.] (a) Starting one 60.32 month after April 30, 1992, the commissioner shall reimburse 60.33 eligible expenditures for 2,000 family slots for AFDC caretakers 60.34 not eligible for services under section 256.736, who are engaged 60.35 in an authorized educational or job search program. Each county 60.36 will receive a number of family slots based on the county's 61.1 proportion of the AFDC caseload. A county must receive at least 61.2 two family slots. Eligibility and reimbursement are limited to 61.3 the number of family slots allocated to each county. County 61.4 agencies shall authorize an educational plan for each student 61.5 and may prioritize families eligible for this program in their 61.6 child care fund plan upon approval of the commissioner. 61.7 (b)Persons eligible for but unable to participate in the61.8JOBS (STRIDE) program because of a waiting list may be accepted61.9as a new participant, or continue to participate in the ACCESS61.10child care program if a slot is available as long as all other61.11eligibility factors are met. Child care assistance must61.12continue under the ACCESS child care program until the61.13participant loses eligibility or is enrolled in project STRIDE.61.14(c)(1) Effective July 1, 1995, the commissioner shall61.15reclaim 90 percent of the vacant slots in each county and61.16distribute those slots to counties with waiting lists of persons61.17eligible for the ACCESS child care program. The slots must be61.18distributed to eligible families based on the July 1, 1995,61.19waiting list placement date, first come, first served basis.61.20(2) ACCESS child care slots remaining after the waiting61.21list under clause (1) has been eliminated must be distributed to61.22eligible families on a first come, first served basis, based on61.23the client's date of request.61.24(3) The county must notify the commissioner when an ACCESS61.25slot in the county becomes available. Notification by the61.26county must be within five calendar days of the effective date61.27of the termination of the ACCESS child care services. The61.28resulting vacant slot must be returned to the department of61.29children, families, and learning. The slot must then be61.30redistributed under clause (2).61.31(4) The commissioner shall consult with the task force on61.32child care and make recommendations to the 1996 legislature for61.33future distribution of the ACCESS slots under this61.34paragraph.Effective July 1, 1997, no new applicants may be 61.35 accepted in the ACCESS program. Current ACCESS participants 61.36 shall continue to receive assistance until July 1, 1998, if all 62.1 other conditions of eligibility are met. 62.2 Sec. 29. Minnesota Statutes 1996, section 119B.05, is 62.3 amended by adding a subdivision to read: 62.4 Subd. 7. [APPROPRIATION CARRYFORWARD.] Any unexpended 62.5 state and federal appropriations from the first year of the 62.6 biennium may be carried forward to the second year of the 62.7 biennium. 62.8 Sec. 30. [119B.061] [AT-HOME INFANT CHILD CARE PROGRAM.] 62.9 (a) A family under this provision is eligible for 62.10 assistance for a maximum of 12 months. 62.11 (b) A parent of a child under the age of one year who 62.12 personally provides full-time care for the child is eligible for 62.13 assistance if: 62.14 (1) the parent meets the income criteria and has received 62.15 assistance within the last 30 days under section 119B.03; and 62.16 (2) is the full-time caregiver for the child in the child's 62.17 home. 62.18 In two-parent households, only one parent may qualify for 62.19 this assistance. 62.20 (c) The level of assistance is 75 percent of the average 62.21 cost of licensed family day care for an infant in the child's 62.22 county of residence and is based on the size and income of the 62.23 child's family. 62.24 (d) A participant in the at-home infant child care program 62.25 has continuing eligibility under Minnesota Rules, part 62.26 3400.0070, for the basic sliding fee program. 62.27 (e) By March 1, 1998, the commissioner shall develop and 62.28 implement the at-home infant child care program described under 62.29 this section. 62.30 Sec. 31. Minnesota Statutes 1996, section 119B.07, is 62.31 amended to read: 62.32 119B.07 [USE OF MONEY.] 62.33 Money for persons listed in sections 119B.03, subdivision 62.34 3, and 119B.05, subdivision 1, shall be used to reduce the costs 62.35 of child care for students, including the costs of child care 62.36 for students while employed if enrolled in an eligible education 63.1 program at the same time and making satisfactory progress 63.2 towards completion of the program. Counties may not limit the 63.3 duration of child care subsidies for a person in an employment 63.4 or educational program, except when the person is found to be 63.5 ineligible under the child care fund eligibility standards. Any 63.6 limitation must be based on a person's employability plan in the 63.7 case of an AFDC recipient, and county policies included in the 63.8 child care allocation plan. The maximum length of time a 63.9 student is eligible for child care assistance under the child 63.10 care fund for education and training shall be the equivalent of 63.11 the minimum time necessary to complete the credit requirements 63.12 as a full-time student for a baccalaureate degree as determined 63.13 by the educational institution, excluding basic or remedial 63.14 education programs needed to prepare for post-secondary 63.15 education or employment. Time limitations for child care 63.16 assistance, as specified in Minnesota Rules, parts 9565.5000 to63.179565.5200,do not apply to basic or remedial educational 63.18 programs needed to prepare for post-secondary education or 63.19 employment. These programs include: high school, general 63.20 equivalency diploma, and English as a second language. Programs 63.21 exempt from this time limit must not run concurrently with a 63.22 post-secondary program. High school students who are 63.23 participating in a post-secondary options program and who 63.24 receive a high school diploma issued by the school district are 63.25 exempt from the time limitations while pursuing a high school 63.26 diploma. Financially eligible students who have received child 63.27 care assistance for one academic year shall be provided child 63.28 care assistance in the following academic year if funds 63.29 allocated under sections 119B.03 and 119B.05 are available. If 63.30 an AFDC recipient who is receiving AFDC child care assistance 63.31 under this chapter moves to another county, continues to 63.32 participate in educational or training programs authorized in 63.33 their employability development plans, and continues to be 63.34 eligible for AFDC child care assistance under this chapter, the 63.35 AFDC caretaker must receive continued child care assistance from 63.36 the county responsible for their current employability 64.1 development plan, without interruption. 64.2 Sec. 32. Minnesota Statutes 1996, section 119B.08, 64.3 subdivision 1, is amended to read: 64.4 Subdivision 1. [QUARTERLYREPORTS.] The commissioner shall 64.5 specify requirements for reports, including quarterly fiscal64.6reports, according tounder the same authority as provided to 64.7 the commissioner of human services in section 256.01, 64.8 subdivision 2, paragraph (17).Counties shall submit on forms64.9prescribed by the commissioner a quarterly financial and program64.10activity report. The failure to submit a complete report by the64.11end of the quarter in which the report is due may result in a64.12reduction of child care fund allocations equal to the next64.13quarter's allocation. The financial and program activity report64.14must include:64.15(1) a detailed accounting of the expenditures and revenues64.16for the program during the preceding quarter by funding source64.17and by eligibility group;64.18(2) a description of activities and concomitant64.19expenditures that are federally reimbursable under federal64.20reimbursement programs;64.21(3) a description of activities and concomitant64.22expenditures of child care money;64.23(4) information on money encumbered at the quarter's end64.24but not yet reimbursable, for use in adjusting allocations as64.25provided in section 119B.03, subdivision 5; and64.26(5) other data the commissioner considers necessary to64.27account for the program or to evaluate its effectiveness in64.28preventing and reducing participants' dependence on public64.29assistance and in providing other benefits, including64.30improvement in the care provided to children.64.31 Sec. 33. Minnesota Statutes 1996, section 119B.08, 64.32 subdivision 3, is amended to read: 64.33 Subd. 3. [CHILD CARE FUND PLAN.] Effective January 1, 64.34 1992, the county will include the plan required under this 64.35 subdivision in its biennial community social services plan 64.36 required in this section, for the group described in section 65.1 256E.03, subdivision 2, paragraph (h).For the period July 1,65.21989, to December 31, 1991, the county shall submit separate65.3child care fund plans required under this subdivision for the65.4periods July 1, 1989, to June 30, 1990; and July 1, 1990, to65.5December 31, 1991.The commissioner shall establish the dates 65.6 by which the county must submit these plans. The county and 65.7 designated administering agency shall submit to the commissioner 65.8 an annual child care fund allocation plan. The plan shall 65.9 include: 65.10 (1) a narrative of the total program for child care 65.11 services, including all policies and procedures that affect 65.12 eligible families and are used to administer the child care 65.13 funds; 65.14 (2)the number of families that requested a child care65.15subsidy in the previous year, the number of families receiving65.16child care assistance, the number of families on a waiting list,65.17and the number of families projected to be served during the65.18fiscal year;65.19(3)the methods used by the county to inform eligible 65.20 groups of the availability of child care assistance and related 65.21 services; 65.22(4)(3) the provider rates paid for all children by 65.23 provider type; 65.24(5)(4) the county prioritization policy for all eligible 65.25 groups under the basic sliding fee program and AFDC child care 65.26 program; and 65.27(6) a report of all funds available to be used for child65.28care assistance, including demonstration of compliance with the65.29maintenance of funding effort required under section 119B.11;65.30and65.31(7)(5) other information as requested by the department to 65.32 ensure compliance with the child care fund statutes and rules 65.33 promulgated by the commissioner. 65.34 The commissioner shall notify counties within 60 days of 65.35 the date the plan is submitted whether the plan is approved or 65.36 the corrections or information needed to approve the plan. The 66.1 commissioner shall withhold a county's allocation until it has 66.2 an approved plan. Plans not approved by the end of the second 66.3 quarter after the plan is due may result in a 25 percent 66.4 reduction in allocation. Plans not approved by the end of the 66.5 third quarter after the plan is due may result in a 100 percent 66.6 reduction in the allocation to the county. Counties are to 66.7 maintain services despite any reduction in their allocation due 66.8 to plans not being approved. 66.9 Sec. 34. Minnesota Statutes 1996, section 119B.09, 66.10 subdivision 1, is amended to read: 66.11 Subdivision 1. [GENERAL ELIGIBILITYFACTORSREQUIREMENTS 66.12 FOR ALL APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care 66.13 services must be available to families who need child care to 66.14 find or keep employment or to obtain the training or education 66.15 necessary to find employment and who: 66.16(a)(1) meet the requirements of section 119B.05, receive 66.17 aid to families with dependent children, and are receiving 66.18 employment and training services under section 256.736, chapter 66.19 256J or 256K, if enacted; 66.20(b)(2) have household income below the eligibility levels 66.21 for aid to families with dependent children; or 66.22(c)(3) have household income within a range established by 66.23 the commissioner. 66.24(d)(b) Child care services for the families receiving aid 66.25 to families with dependent children must be made available as 66.26 in-kind services, to cover any difference between the actual 66.27 cost and the amount disregarded under the aid to families with 66.28 dependent children program. Child care services to families 66.29 whose incomes are below the threshold of eligibility for aid to 66.30 families with dependent children, but are not AFDC caretakers, 66.31 must be made available with theminimumsame copayment required 66.32by federal lawof AFDC caretakers or MFIP-S caregivers. 66.33 (c) All applicants for child care assistance and families 66.34 currently receiving child care assistance shall be assisted and 66.35 required to cooperate in establishment of paternity and 66.36 enforcement of child support obligations as a condition of 67.1 program eligibility. For purposes of this section, a family is 67.2 considered to meet the requirement for cooperation when the 67.3 family complies with the requirements of section 256.741, if 67.4 enacted. 67.5 Sec. 35. Minnesota Statutes 1996, section 119B.09, 67.6 subdivision 2, is amended to read: 67.7 Subd. 2. [SLIDING FEE.] Child care services to families 67.8 with incomes in the commissioner's established range must be 67.9 made available on a sliding fee basis.The lower limit of the67.10sliding fee range must be the eligibility limit for aid to67.11families with dependent children.The upper limit of the range 67.12 must be neither less than 70 percent nor more than 90 percent of 67.13 the state median income for a family of four, adjusted for 67.14 family size. 67.15 Sec. 36. Minnesota Statutes 1996, section 119B.09, is 67.16 amended by adding a subdivision to read: 67.17 Subd. 6. [MAXIMUM CHILD CARE ASSISTANCE.] The maximum 67.18 amount of child care assistance a local agency may authorize in 67.19 a two-week period is 120 hours per child. 67.20 Sec. 37. Minnesota Statutes 1996, section 119B.09, is 67.21 amended by adding a subdivision to read: 67.22 Subd. 7. [ELIGIBILITY FOR ASSISTANCE.] The date of 67.23 eligibility for child care assistance under chapter 119B is the 67.24 later of the date the application was signed; the beginning date 67.25 of employment, education, or training; the date a determination 67.26 has been made that the applicant is a participant in employment 67.27 and training programs under Minnesota Rules, part 3400.0080, 67.28 subpart 2a, section 256.736, or chapter 256J or 256K, if enacted. 67.29 Payment of child care assistance for employed persons on AFDC is 67.30 effective the date of employment or the date of AFDC 67.31 eligibility, whichever is later. Payment of child care 67.32 assistance for MFIP-S or Work First participants in employment 67.33 and training services is effective the date of commencement of 67.34 the services or the date of MFIP-S or Work First eligibility, 67.35 whichever is later. Payment of child care assistance for 67.36 transition year child care must be made retroactive to the date 68.1 of eligibility for transition year child care. 68.2 Sec. 38. Minnesota Statutes 1996, section 119B.09, is 68.3 amended by adding a subdivision to read: 68.4 Subd. 8. [NO EMPLOYEE-EMPLOYER RELATIONSHIPS.] Receipt of 68.5 federal, state, or local funds by a child care provider either 68.6 directly or through a parent who is a child care assistance 68.7 recipient does not establish an employee-employer relationship 68.8 between the child care provider and the county or state. 68.9 Sec. 39. Minnesota Statutes 1996, section 119B.10, 68.10 subdivision 1, is amended to read: 68.11 Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND 68.12 RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 68.13 and who are eligible for assistance under this section are 68.14 eligible to receive up to 240 hours of child care assistance per 68.15 calendar year. 68.16 (b) Employed persons who work at least an average often20 68.17 hours a week and receive at least a minimum wage for all hours 68.18 worked are eligible for continued child care assistance. Child 68.19 care assistance during employment must be authorized as provided 68.20 in paragraphs (c) and (d). 68.21 (c) When the caregiver works for an hourly wage and the 68.22 hourly wage is equal to or greater than the applicable minimum 68.23 wage, child care assistance shall be provided for the actual 68.24 hours of employment, break, and meal time during the employment 68.25 and travel time up to two hours per day. 68.26 (d) When the caregiver does not work for an hourly wage, 68.27 child care assistance must be provided for the lesser of: 68.28 (1) the amount of child care determined by dividing gross 68.29 earned income by the applicable minimum wage, up to one hour 68.30 every eight hours for meals and break time, plus up to two hours 68.31 per day for travel time; or 68.32 (2) the amount of child care equal to the actual amount of 68.33 child care used during employment, including break and meal time 68.34 during employment, and travel time up to two hours per day. 68.35 Sec. 40. Minnesota Statutes 1996, section 119B.11, 68.36 subdivision 1, is amended to read: 69.1 Subdivision 1. [COUNTY CONTRIBUTIONS REQUIRED.] Beginning 69.2 July 1,19951997, in addition to payments from basic sliding 69.3 fee child care program participants,countieseach county shall 69.4 contribute from county tax or other sourcesat thea fixed local 69.5 matchpercentage calculated according to subdivision 2equal to 69.6 its calendar year 1996 required county contribution reduced by 69.7 the administrative funding loss that would have occurred in 69.8 state fiscal year 1996 under section 119B.15. The commissioner 69.9 shall recover funds from the county as necessary to bring county 69.10 expenditures into compliance with this subdivision. 69.11 Sec. 41. Minnesota Statutes 1996, section 119B.11, is 69.12 amended by adding a subdivision to read: 69.13 Subd. 2a. [RECOVERY OF OVERPAYMENTS.] If an amount of 69.14 child care assistance is paid to a recipient in excess of the 69.15 payment due, it shall be recoverable by the county agency. The 69.16 overpayment shall be recovered through recoupment as identified 69.17 in Minnesota Rules, part 9565.5110, subpart 11, items A and B, 69.18 if the family remains eligible for assistance. If the family no 69.19 longer remains eligible for child care assistance, the county 69.20 may choose to initiate efforts to recover overpayments from the 69.21 family for overpayment less than $50. When the amount of the 69.22 overpayment is greater than or equal to $50, the county shall 69.23 seek voluntary repayment of the overpayment from the family. If 69.24 the county is unable to recoup the overpayment through voluntary 69.25 repayment, the county shall initiate civil court proceedings to 69.26 recover the overpayment unless the county's costs to recover the 69.27 overpayment will exceed the amount of the overpayment. A family 69.28 with an outstanding debt under this subdivision is not eligible 69.29 for child care assistance until the debt is paid in full or 69.30 satisfactory arrangements are made with the county to retire the 69.31 debt. 69.32 Sec. 42. Minnesota Statutes 1996, section 119B.11, 69.33 subdivision 3, is amended to read: 69.34 Subd. 3. [FEDERAL MONEY; STATE RECOVERY.] The commissioner 69.35 shall recover from counties any state or federal money that was 69.36 spent for persons found to be ineligible, except if the recovery 70.1 is made by a county agency using any method other than 70.2 recoupment, the county may keep 25 percent of the recovery. If 70.3 a federal audit exception is taken based on a percentage of 70.4 federal earnings, all counties shall pay a share proportional to 70.5 their respective federal earnings during the period in question. 70.6 Sec. 43. Minnesota Statutes 1996, section 119B.12, is 70.7 amended to read: 70.8 119B.12 [SLIDING FEE SCALE.] 70.9 Subdivision 1. [FEE SCHEDULE.] In setting the sliding fee 70.10 schedule, the commissioner shall exclude from the amount of 70.11 income used to determine eligibility an amount for federal and 70.12 state income and social security taxes attributable to that 70.13 income level according to federal and state standardized tax 70.14 tables. The commissioner shall base the parent fee on the 70.15 ability of the family to pay for child care. The fee schedule 70.16 must be designed to use any available tax credits. 70.17 Subd. 2. [PARENT FEE.] A family's monthly parent fee must 70.18 be a fixed percentage of its annual gross income. Parent fees 70.19 must apply to families eligible for child care assistance under 70.20 sections 119B.03 and 119B.05. Income must be as defined in 70.21 section 119B.01, subdivision 12. The fixed percent is based on 70.22 the relationship of the family's annual gross income to 100 70.23 percent of state median income. Beginning January 1, 1998, 70.24 parent fees must begin at 50 percent of the poverty level. The 70.25 minimum parent fees for families between 50 percent and 100 70.26 percent of poverty level must be $5 per month. Parent fees for 70.27 families with incomes at or above the poverty level must not 70.28 decrease due to the addition of family members after the 70.29 family's initial eligibility determination. Parent fees must be 70.30 established in rule and must provide for graduated movement to 70.31 full payment. 70.32 Sec. 44. Minnesota Statutes 1996, section 119B.13, 70.33 subdivision 1, is amended to read: 70.34 Subdivision 1. [SUBSIDY RESTRICTIONS.] Effective July 1, 70.35 1991, the maximum rate paid for child care assistance under the 70.36 child care fund is the maximum rate eligible for federal 71.1 reimbursement. The rate may not exceed the 75th percentile rate 71.2 for like-care arrangements in the county as surveyed by the 71.3 commissioner. A rate which includes a provider bonus paid under 71.4 subdivision 2 or a special needs rate paid under subdivision 3 71.5 may be in excess of the maximum rate allowed under this 71.6 subdivision. The department of children, families, and learning 71.7 shall monitor the effect of this paragraph on provider rates. 71.8 The county shall pay the provider's full charges for every child 71.9 in care up to the maximum established. The commissioner shall 71.10 determine the maximum rate for each type of care, including 71.11 special needs and handicapped care. Not less than once every 71.12 two years, the county shall evaluate rates for payment of absent 71.13 spaces and shall establish policies for payment of absent days 71.14 that reflect current market practice. 71.15 When the provider charge is greater than the maximum 71.16 provider rate allowed, the parent is responsible for payment of 71.17 the difference in the rates in addition to any family copayment 71.18 fee. 71.19 Sec. 45. Minnesota Statutes 1996, section 119B.13, is 71.20 amended by adding a subdivision to read: 71.21 Subd. 8. [PROVIDER NOTICE.] The county shall inform both 71.22 the family receiving assistance under chapter 119B and the child 71.23 care provider of the payment amount and how and when payment 71.24 will be received. When the county sends a family a notice that 71.25 child care assistance will be terminated, the county shall 71.26 inform the provider that unless the family requests to continue 71.27 to receive assistance pending an appeal, child care payments 71.28 will no longer be made. The notice to the vendor must not 71.29 contain any private data on the family or information on why 71.30 payment will no longer be made. 71.31 Sec. 46. Minnesota Statutes 1996, section 119B.13, is 71.32 amended by adding a subdivision to read: 71.33 Subd. 9. [PROVIDER PAYMENTS.] Counties shall make vendor 71.34 payments to the child care provider or pay the parent directly 71.35 for eligible child care expenses. When payments for child care 71.36 assistance are made to providers, the provider shall bill the 72.1 county for services provided within ten days of the end of the 72.2 month of service. When bills are submitted in accordance with 72.3 the provisions of subdivision 6, a county shall issue payment to 72.4 the provider of child care under the child care fund within 30 72.5 days of receiving an invoice from the provider. Counties may 72.6 establish policies that make payments on a more frequent basis. 72.7 A county's payment policies must be included in the county's 72.8 child care plan under section 119B.08, subdivision 3. 72.9 Sec. 47. Minnesota Statutes 1996, section 119B.15, is 72.10 amended to read: 72.11 119B.15 [ADMINISTRATIVE EXPENSES.] 72.12 The commissioner shall use up toone-eleventh1/21 of the 72.13 state and federal funds available for the basic sliding fee 72.14 program and 1/21 of the state and federal funds available for 72.15 the AFDC child care program for payments to counties for 72.16 administrative expenses. 72.17 Sec. 48. Minnesota Statutes 1996, section 119B.16, 72.18 subdivision 1, is amended to read: 72.19 Subdivision 1. [FAIR HEARING ALLOWED.] An applicant or 72.20 recipient adversely affected by a county agency action may 72.21 request a fair hearing in accordance with section 256.045,72.22subdivision 3. 72.23 Sec. 49. Minnesota Statutes 1996, section 119B.18, is 72.24 amended by adding a subdivision to read: 72.25 Subd. 3. [CHILD DEVELOPMENT EDUCATION AND TRAINING LOANS.] 72.26 The commissioner shall establish a child development education 72.27 and training loan program to be administered by the regional 72.28 child care resource and referral programs. The purpose of the 72.29 program is to expand training and education opportunities for 72.30 child care workers, to promote stable staffing in child care 72.31 facilities, and to encourage continuity of care for children in 72.32 child care facilities. The program may make loans for (1) 72.33 credit-based courses in child development or child care 72.34 administration, or (2) course work to become a child development 72.35 associate or to receive accreditation by the national 72.36 association of family child care. 73.1 The commissioner shall establish application procedures, 73.2 eligibility criteria, terms, and other conditions necessary to 73.3 make education and training loans under this section. A single 73.4 applicant may not receive more than $1,500 per year under this 73.5 program. All or part of the loan may be forgiven if the 73.6 applicant continues to provide child care services for a period 73.7 of 12 months following the completion of all courses paid for by 73.8 the loan. 73.9 Sec. 50. Minnesota Statutes 1996, section 119B.20, 73.10 subdivision 7, is amended to read: 73.11 Subd. 7. [FACILITY IMPROVEMENT EXPENSES.] "Facility 73.12 improvement expenses" means funds for building improvements, 73.13 equipment, appropriate technology and software, toys, and 73.14 supplies needed to establish, expand, or improve a licensed 73.15 child care facility or a child care program under the 73.16 jurisdiction ofthe statea local school board of education. 73.17 Sec. 51. Minnesota Statutes 1996, section 119B.20, 73.18 subdivision 9, is amended to read: 73.19 Subd. 9. [MINI-GRANTSTECHNICAL ASSISTANCE 73.20 AWARDS.]"Mini-grants""Technical assistance awards" means child 73.21 care grants to family child care providers for facility 73.22 improvements that are up to $1,000.Mini-grantsAwards include, 73.23 but are not limited to, improvements to meet licensing 73.24 requirements, improvements to expand a child care facility or 73.25 program, appropriate technology and software, toys and 73.26 equipment, start-up costs, staff training, and development costs. 73.27 Sec. 52. Minnesota Statutes 1996, section 119B.20, 73.28 subdivision 10, is amended to read: 73.29 Subd. 10. [RESOURCE AND REFERRAL PROGRAM.] "Resource and 73.30 referral program" means a program that provides information to 73.31 parents, including referrals and coordination of community child 73.32 care resources for parents and public or private providers of 73.33 care. It also means the agency with the duties specified in 73.34 sections 119B.18 and 119B.19. Services may includeparent73.35education, technical assistance for providers, staff development73.36programs, and referrals to social servicesrecruitment of new 74.1 providers, parent education, training, technical assistance for 74.2 providers, and referrals to social services. 74.3 Sec. 53. Minnesota Statutes 1996, section 119B.21, 74.4 subdivision 1, is amended to read: 74.5 Subdivision 1. [GRANTS ESTABLISHED.] The commissioner 74.6 shall award grants to develop child care services, including 74.7 child care service development grants for start-up and facility 74.8 improvement expenses, interim financing,resource and referral74.9programs, andstaff training expenses, and grants for child care 74.10 resource and referral programs. Child careservicesservice 74.11 development grants may includemini-grantsfamily child care 74.12 technical assistance awards up to $1,000. The commissioner 74.13 shall develop a grant application form, inform county social 74.14 service agencies about the availability of child care services 74.15 grants, and set a date by which applications must be received by 74.16 the commissioner. 74.17The commissioner may renew grants to existing resource and74.18referral agencies that have met state standards and have been74.19designated as the child care resource and referral service for a74.20particular geographical area. The recipients of renewal grants74.21are exempt from the proposal review process.74.22 Sec. 54. Minnesota Statutes 1996, section 119B.21, 74.23 subdivision 2, is amended to read: 74.24 Subd. 2. [DISTRIBUTION OF FUNDS.] (a) The commissioner 74.25 shall allocate grant money appropriated for child care service 74.26 development among the development regions designated by the 74.27 governor under section 462.385,as followsconsidering the 74.28 following factors for each economic development region: 74.29(1) 50 percent of the child care service development grant74.30appropriation shall be allocated to the metropolitan economic74.31development region; and74.32(2) 50 percent of the child care service development grant74.33appropriation shall be allocated to economic development regions74.34other than the metropolitan economic development region.74.35(b) The following formulas shall be used to allocate grant74.36appropriations among the economic development regions:75.1(1) 50 percent of the funds shall be allocated in75.2proportion to the ratio of children under 12 years of age in75.3each economic development region to the total number of children75.4under 12 years of age in all economic development regions; and75.5(2) 50 percent of the funds shall be allocated in75.6proportion to the ratio of children under 12 years of age in75.7each economic development region to the number of licensed child75.8care spaces currently available in each economic development75.9region75.10 (1) the number of children under 13 years of age needing 75.11 child care in the service area; 75.12 (2) the geographic area served by the agency; 75.13 (3) the ratio of children under 13 years of age needing 75.14 child care to the number of licensed spaces in the service area; 75.15 (4) the number of licensed child care providers and 75.16 extended day school age child care programs in the service area; 75.17 and 75.18 (5) other related factors determined by the commissioner. 75.19(c)(b) Out of the amount allocated for each economic 75.20 development region, the commissioner shall award grants based on 75.21 the recommendation of thegrant reviewchild care regional 75.22 advisorytask forcecommittees. In addition, the commissioner 75.23 shall award no more than 75 percent of the money either to child 75.24 care facilities for the purpose of facility improvement or 75.25 interim financing or to child care workers for staff training 75.26 expenses. 75.27(d)(c) Any funds unobligated may be used by the 75.28 commissioner to award grants to proposals that received funding 75.29 recommendations by theadvisory task forceregional advisory 75.30 committees but were not awarded due to insufficient funds. 75.31(e)(d) The commissioner may allocate grants under this 75.32 section for a two-year period and may carry forward funds from 75.33 the first year as necessary. 75.34 Sec. 55. Minnesota Statutes 1996, section 119B.21, 75.35 subdivision 3, is amended to read: 75.36 Subd. 3. [CHILD CARE REGIONAL ADVISORY COMMITTEES.] Child 76.1 care regional advisory committees shall review and make 76.2 recommendations to the commissioner on applications for family 76.3 child care technical assistance awards and service development 76.4 grants under this section. The commissioner shall appoint the 76.5 child care regional advisory committees in each governor's 76.6 economic development region. People appointed under this 76.7 subdivision must represent the following constituent groups: 76.8 family child care providers, group center providers, parent 76.9 users, health services, social services, public schools, Head 76.10 Start, employers, and other citizens with demonstrated interest 76.11 in child care issues. Members of the advisory task force with a 76.12 direct financial interest in a pending grant proposal may not 76.13 provide a recommendation or participate in the ranking of that 76.14 grant proposal. Committee members may be reimbursed for their 76.15 actual travel, child care, and child care provider substitute 76.16 expenses for up to six committee meetings per year. The child 76.17 care regional advisory committees shall complete their reviews 76.18 and forward their recommendations to the commissioner by the 76.19 date specified by the commissioner. 76.20 Sec. 56. Minnesota Statutes 1996, section 119B.21, 76.21 subdivision 4, is amended to read: 76.22 Subd. 4. [DISTRIBUTION OF FUNDS FOR CHILD CARE RESOURCE 76.23 AND REFERRAL PROGRAMS.] (a) The commissioner shall allocate 76.24 funds appropriated for child care resource and referral services 76.25 considering the following factors for each economic development 76.26 region served by the child care resource and referral agency: 76.27 (1) the number of children under 13 years of age needing 76.28 child care in the service area; 76.29 (2) the geographic area served by the agency; 76.30 (3) the ratio of children under 13 years of age needing 76.31 care to the number of licensed spaces in the service area; 76.32 (4) the number of licensed child care providers and 76.33 extended day school age child care programs in the service area; 76.34 and 76.35 (5) other related factors determined by the commissioner. 76.36 (b) The commissioner may renew grants to existing resource 77.1 and referral agencies that have met state standards and have 77.2 been designated as the child care resource and referral service 77.3 for a particular geographical area. The recipients of renewal 77.4 grants are exempt from the proposal review process. 77.5 Sec. 57. Minnesota Statutes 1996, section 119B.21, 77.6 subdivision 5, is amended to read: 77.7 Subd. 5. [PURPOSES FOR WHICH A CHILD CARE SERVICES GRANT 77.8 MAY BE AWARDED.] The commissioner may award grants forany of77.9the following purposes: 77.10 (1) child care service development grants for the following 77.11 purposes: 77.12 (i) for creating new licensed day care facilities and 77.13 expanding existing facilities, including, but not limited to, 77.14 supplies, equipment, facility renovation, and remodeling; 77.15(2)(ii) for improving licensed day care facility programs, 77.16 including, but not limited to, staff specialists, staff 77.17 training, supplies, equipment, and facility renovation and 77.18 remodeling. In awarding grants for training, priority must be77.19given to child care workers caring for infants, toddlers, sick77.20children, children in low-income families, and children with77.21special needs; 77.22(3)(iii) for supportive child development services 77.23 including, but not limited to, in-service training, curriculum 77.24 development, consulting specialist, resource centers, and 77.25 program and resource materials; 77.26(4)(iv) for carrying out programs including, but not 77.27 limited to, staff, supplies, equipment, facility renovation, and 77.28 training; 77.29(5)(v) for interim financing;and77.30(6) for carrying out the resource and referral program77.31services identified in section 119B.19, subdivision 3(vi) 77.32 family child care technical assistance awards; and 77.33 (vii) for capacity building through the purchase of 77.34 appropriate technology and software, and staff training to 77.35 create, enhance, and maintain financial systems for facilities; 77.36 (2) child care resource and referral program services 78.1 identified in section 119B.19, subdivision 3; or 78.2 (3) targeted recruitment initiatives to expand and build 78.3 capacity of the child care system. 78.4 Sec. 58. Minnesota Statutes 1996, section 119B.21, 78.5 subdivision 6, is amended to read: 78.6 Subd. 6. [FUNDING PRIORITIES; FACILITY IMPROVEMENTAND, 78.7 INTERIM FINANCING, AND TRAINING GRANTS.] In evaluating 78.8 applications for funding and making recommendations to the 78.9 commissioner, thegrant review advisory task forcechild care 78.10 regional advisory committees shall rank and give priority to: 78.11 (1) new programs or projects, or the expansion or 78.12 improvement of existing programs or projects in areas where a 78.13 demonstrated need for child care facilities has been shown, with 78.14 special emphasis on programs or projects in areas where there is 78.15 a shortage of licensed child care; 78.16 (2) new programs and projects, or the expansions or 78.17 enrichment of existing programs or projects that serve sick 78.18 children, infants or toddlers, children with special needs,and78.19 children from low-income families, or parents needing child care 78.20 during nonstandard hours; 78.21 (3) unlicensed providers who wish to become licensed;and78.22 (4) improvement of existing programs; 78.23 (5) child care programs seeking accreditation and child 78.24 care providers seeking certification; and 78.25 (6) entities that will use grant money for scholarships for 78.26 child care workers attending educational or training programs 78.27 sponsored by the entity. 78.28 Sec. 59. Minnesota Statutes 1996, section 119B.21, 78.29 subdivision 8, is amended to read: 78.30 Subd. 8. [ELIGIBLE GRANT RECIPIENTS.] Eligible recipients 78.31 of child care grants are licensed providers of child care, or 78.32 those in the process of being licensed, resource and referral 78.33 programs, or corporations or public agencies, or any combination 78.34 thereof.With the exception of mini-grants, priority for child78.35care grants shall be given to grant applicants as follows:78.36(1) public and private nonprofit agencies;79.1(2) employer-based child care centers;79.2(3) for-profit child care centers; and79.3(4) family day care providers.79.4 Sec. 60. Minnesota Statutes 1996, section 119B.21, 79.5 subdivision 9, is amended to read: 79.6 Subd. 9. [GRANT MATCH REQUIREMENTS.] Child care grants for 79.7 facility improvements, interim financing, resource and referral, 79.8 and staff training and development require a 25 percent local 79.9 match by the grant applicant. A local match is not required for 79.10 aminigrantfamily child care technical assistance award. 79.11 Sec. 61. Minnesota Statutes 1996, section 119B.21, 79.12 subdivision 10, is amended to read: 79.13 Subd. 10. [CHILD CARE MINI-GRANTSFAMILY CHILD CARE 79.14 TECHNICAL ASSISTANCE AWARDS.]Mini-grantsTechnical assistance 79.15 awards for child care service development must be used by 79.16 the family child care provider grantee for facility 79.17 improvements, including, but not limited to, improvements to 79.18 meet licensing requirements, improvements to expand the 79.19 facility, toys and equipment, start-up costs, interim financing, 79.20 or staff training and development.Priority for child care79.21mini-grants shall be given to grant applicants as follows:79.22(1) family day care providers;79.23(2) public and private nonprofit agencies;79.24(3) employer-based child care centers; and79.25(4) for-profit child care centers.79.26 Sec. 62. Minnesota Statutes 1996, section 119B.21, 79.27 subdivision 11, is amended to read: 79.28 Subd. 11. [ADVISORY TASK FORCE.] The commissioner 79.29shallmay convene a statewide advisory task force which shall 79.30 advise the commissioner on grantsandor other child care issues. 79.31The statewide advisory task force shall review and make79.32recommendations to the commissioner on child care resource and79.33referral grants and on statewide service development and child79.34care training grants. Members of the advisory task force with a79.35direct financial interest in a resource and referral or a79.36statewide training proposal may not provide a recommendation or80.1participate in the ranking of that grant proposal.The 80.2 following constituent groups must be represented: family child 80.3 care providers, center providers, parent users, health services, 80.4 social services, Head Start, public schools, employers, and 80.5 other citizens with demonstrated interest in child care issues. 80.6 Each regional grant review committee formed under subdivision 3, 80.7 shall appoint a representative to the advisory task 80.8 force. Additional members may be appointed by the commissioner. 80.9 The commissioner may convene meetings of the task force as 80.10 needed. Terms of office and removal from office are governed by 80.11 the appointing body. The commissioner may compensate members 80.12 for their travel, child care, and child care provider substitute 80.13 expenses for meetings of the task force.The members of the80.14child care advisory task force shall also meet once with the80.15interagency advisory committee on child care under section80.16256H.25.80.17 Sec. 63. [119B.25] [CHILD CARE IMPROVEMENT GRANTS.] 80.18 Subdivision 1. [PURPOSE.] The purpose of this section is 80.19 to enhance and expand child care sites, to encourage private 80.20 investment in child care and early childhood education sites, to 80.21 promote availability of quality, affordable child care 80.22 throughout Minnesota, and to provide for cooperation between 80.23 private nonprofit child care organizations, family child care 80.24 and center providers and the department of children, families, 80.25 and learning. 80.26 Subd. 2. [GRANTS.] The commissioner shall distribute money 80.27 provided by this section through a grant to a nonprofit 80.28 corporation organized to plan, develop, and finance early 80.29 childhood education and child care sites. The nonprofit 80.30 corporation must have demonstrated the ability to analyze 80.31 financing projects, have knowledge of other sources of public 80.32 and private financing for child care and early childhood 80.33 education sites, and have a relationship with the resource and 80.34 referral programs under section 119B.18. The board of directors 80.35 of the nonprofit corporation must include members who are 80.36 knowledgeable about early childhood education, child care, 81.1 development and improvement, and financing. The commissioners 81.2 of the departments of children, families, and learning and trade 81.3 and economic development, and the commissioner of the housing 81.4 finance agency shall advise the board on the loan program. The 81.5 grant must be used to make loans to improve child care or early 81.6 childhood education sites, or loans to plan, design, and 81.7 construct or expand licensed and legal unlicensed sites to 81.8 increase the availability of child care or early childhood 81.9 education. All loans made by the nonprofit corporation must 81.10 comply with section 363.03, subdivision 8. 81.11 Subd. 3. [FINANCING PROGRAM.] A nonprofit corporation that 81.12 receives a grant under this section shall use the money to: 81.13 (1) establish a revolving loan fund to make loans to 81.14 existing, expanding, and new licensed and legal unlicensed child 81.15 care and early childhood education sites; 81.16 (2) establish a fund to guarantee private loans to improve 81.17 or construct a child care or early childhood education site; 81.18 (3) establish a fund to provide forgivable loans or grants 81.19 to match all or part of a loan made under this section; and 81.20 (4) establish a fund as a reserve against bad debt. 81.21 The nonprofit corporation shall establish the terms and 81.22 conditions for loans and loan guarantees including, but not 81.23 limited to, interest rates, repayment agreements, private match 81.24 requirements, and conditions for loan forgiveness. The 81.25 nonprofit corporation shall establish a minimum interest rate 81.26 for loans to ensure that necessary loan administration costs are 81.27 covered. The nonprofit corporation may use interest earnings 81.28 for administrative expenses. 81.29 Subd. 4. [REPORTING.] A nonprofit corporation that 81.30 receives a grant under this section shall: 81.31 (1) annually report by September 30 to the commissioner the 81.32 purposes for which the money was used in the past fiscal year, 81.33 including a description of projects supported by the financing, 81.34 an account of loans made during the calendar year, the financing 81.35 program's assets and liabilities, and an explanation of 81.36 administrative expenses; and 82.1 (2) annually submit to the commissioner a copy of the 82.2 report of an independent audit performed in accordance with 82.3 generally accepted accounting practices and auditing standards. 82.4 Sec. 64. Minnesota Statutes 1996, section 121.8355, 82.5 subdivision 1, is amended to read: 82.6 Subdivision 1. [ESTABLISHMENT.] (a) In order to qualify as 82.7 a family services collaborative, a minimum of one school 82.8 district, one county, one public health entity, one community 82.9 action agency as defined in section 268.53, and one Head Start 82.10 grantee if the community action agency is not the designated 82.11 federal grantee for the Head Start program must agree in writing 82.12 to provide coordinated family services and commit resources to 82.13 an integrated fund. Collaboratives are expected to have broad 82.14 community representation, which may include other local 82.15 providers, including additional school districts, counties, and 82.16 public health entities, other municipalities, public libraries, 82.17 existing culturally specific community organizations, tribal 82.18 entities, local health organizations, private and nonprofit 82.19 service providers, child care providers, local foundations, 82.20 community-based service groups, businesses, local transit 82.21 authorities or other transportation providers, community action 82.22 agencies under section 268.53, senior citizen volunteer 82.23 organizations, parent organizations, parents, and sectarian 82.24 organizations that provide nonsectarian services. 82.25 (b)Community-based collaboratives composed of82.26representatives of schools, local businesses, local units of82.27government, parents, students, clergy, health and social82.28services providers, youth service organizations, and existing82.29culturally specific community organizations may plan and develop82.30services for children and youth. A community-based82.31collaborative must agree to collaborate with county, school82.32district, community action, and public health entities. Their82.33services may include opportunities for children or youth to82.34improve child health and development, reduce barriers to82.35adequate school performance, improve family functioning, provide82.36community service, enhance self esteem, and develop general83.1employment skills.83.2(c)Members of the governing bodies of political 83.3 subdivisions involved in the establishment of a family services 83.4 collaborative shall select representatives of the 83.5 nongovernmental entities listed in paragraph (a) to serve on the 83.6 governing board of a collaborative. The governing body members 83.7 of the political subdivisions shall select one or more 83.8 representatives of the nongovernmental entities within the 83.9 family service collaborative. 83.10 Sec. 65. Minnesota Statutes 1996, section 124.2615, 83.11 subdivision 1, is amended to read: 83.12 Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] By February 83.13 15, 1992, for the 1991-1992 school year or byJanuary 1 ofMay 1 83.14 preceding subsequent school years, a district must submit to the 83.15 commissioners of children, families, and learning, and health,83.16human services, and economic security: 83.17 (1) a description of the services to be provided; 83.18 (2) a plan to ensure children at greatest risk receive 83.19 appropriate services; 83.20 (3) a description of procedures and methods to be used to 83.21 coordinate public and private resources to maximize use of 83.22 existing community resources, including school districts, health 83.23 care facilities, government agencies, neighborhood 83.24 organizations, and other resources knowledgeable in early 83.25 childhood development; 83.26 (4) comments about the district's proposed program by the 83.27 advisory council required by section 121.831, subdivision 7; and 83.28 (5) agreements with all participating service providers. 83.29 Each commissioner may review and comment on the program, 83.30 and make recommendations to the commissioner of children, 83.31 families, and learning, within 30 days of receiving the plan. 83.32 Sec. 66. Minnesota Statutes 1996, section 124.2615, 83.33 subdivision 2, is amended to read: 83.34 Subd. 2. [AMOUNT OF AID.] (a) A district is eligible to 83.35 receive learning readiness aid if the program plan as required 83.36 by subdivision 1 has been approved by the commissioner of 84.1 children, families, and learning.The aid is equal to:84.2(1) $200 for fiscal year 1992 and $300 for fiscal year 199384.3times the number of eligible four-year old children residing in84.4the district, as determined according to section 124.2711,84.5subdivision 2; plus84.6(2) $100 for fiscal year 1992 and $300 for fiscal year 199384.7times the result of;84.8(3) the ratio of the number of pupils enrolled in the84.9school district from families eligible for the free or reduced84.10school lunch program to the total number of pupils enrolled in84.11the school district; times84.12(4) the number of children in clause (1).84.13 (b) For fiscal year19941998 and thereafter, a district 84.14 shall receive learning readiness aid equal to: 84.15 (1) the number of eligible four-year old children in the 84.16 district times the ratio of 50 percent of the total learning 84.17 readiness aid for that year to the total number of eligible 84.18 four-year old children reported to the commissioner for that 84.19 year; plus 84.20 (2)the number of participating eligible children times the84.21ratio of 15 percent of the total learning readiness aid for that84.22year to the total number of participating eligible children for84.23that year; plus84.24(3)the number of pupils enrolled in the school district 84.25 from families eligible for the free or reduced school lunch 84.26 program times the ratio of3550 percent of the total learning 84.27 readiness aid for that year to the total number of pupils in the 84.28 state from families eligible for the free or reduced school 84.29 lunch program. 84.30 Sec. 67. [EARLY CHILDHOOD PROFESSIONAL DEVELOPMENT.] 84.31 The Minnesota Institute for Early Childhood Professional 84.32 Development shall make recommendations by January 15, 1998, 84.33 related to the qualifications for child care center staff and 84.34 family child care providers to the commissioners of human 84.35 services and children, families, and learning and the Minnesota 84.36 state legislature. Recommendations must be made in the 85.1 following areas: 85.2 (1) whether the procedures for licensing individuals should 85.3 be separated from the licensing of the program and physical 85.4 plant of child care centers and homes; 85.5 (2) which entity would be the most appropriate to issue 85.6 individual licenses; 85.7 (3) core competencies which are based on the age of the 85.8 children served and type of provider; and 85.9 (4) the amount of preservice training, experience, and 85.10 in-service training for child care providers. 85.11 Sec. 68. [CHILD CARE CAPACITY PROJECT.] 85.12 A capacity project is established for the regional child 85.13 care resource and referral programs under Minnesota Statutes, 85.14 section 119B.18. Each regional resource and referral program 85.15 shall develop and provide a capacity program to assist in 85.16 identifying and providing new child care arrangements for 85.17 parents. Under this project, a resource and referral program 85.18 may: 85.19 (1) establish an easy-to-use, on-line child care referral 85.20 service for parents entering the workforce; 85.21 (2) provide services to meet the increased demand for 85.22 referral services and consultations; 85.23 (3) coordinate training; 85.24 (4) recruit child care providers with an emphasis on 85.25 identifying providers for nontraditional times, infant and 85.26 toddler care, and care for children with special needs; and 85.27 (5) provide technical assistance and training for 85.28 prospective and new child care providers. 85.29 Sec. 69. [UNIVERSAL APPLICATION FORM; BASIC SLIDING FEE 85.30 PROGRAM.] 85.31 The commissioner of children, families, and learning shall 85.32 develop a universal application form for the basic sliding fee 85.33 program. The commissioner shall make the form available to all 85.34 counties. Counties may use the universal application form to 85.35 implement a mail application process for the basic sliding fee 85.36 program. 86.1 Sec. 70. [FINDINGS.] 86.2 The legislature finds that all children need well-balanced 86.3 meals and snacks in order to build strong bodies and minds. The 86.4 legislature finds further that programs to provide nutritional 86.5 elements to participants enrolled in child and adult care 86.6 programs are at risk from reduced federal funding and more 86.7 restrictive eligibility standards. The legislature finds 86.8 further that it is a valid public purpose to provide public 86.9 funding for food and nutrition programs in licensed family day 86.10 care homes. 86.11 Sec. 71. [CHILD AND ADULT CARE FOOD PROGRAM.] 86.12 A licensed family day care home that has participated in 86.13 the child and adult care food program administered by the 86.14 department of children, families, and learning that complies 86.15 with United States Department of Agriculture meal pattern 86.16 regulations is eligible to receive cash reimbursements from 86.17 funds made available by the appropriations in section 72, 86.18 subdivision 14. 86.19 Sec. 72. [APPROPRIATIONS.] 86.20 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 86.21 LEARNING.] The sums indicated are appropriated to the department 86.22 of children, families, and learning for fiscal years designated. 86.23 Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care 86.24 assistance according to Minnesota Statutes, section 119B.03: 86.25 $38,865,000 ..... 1998 86.26 $50,631,000 ..... 1999 86.27 Subd. 3. [TANF CHILD CARE.] For child care assistance 86.28 according to Minnesota Statutes, section 119B.05: 86.29 $33,798,000 ..... 1998 86.30 $64,238,000 ..... 1999 86.31 Subd. 4. [AT-HOME INFANT CHILD CARE.] For child care 86.32 assistance under section 30. 86.33 $290,000 ..... 1998 86.34 $120,000 ..... 1999 86.35 Subd. 5. [CHILD CARE ADMINISTRATION.] For administration 86.36 of child care assistance and development programs according to 87.1 Minnesota Statutes, sections 119B.03 and 119B.05: 87.2 $1,029,000 ..... 1998 87.3 $1,029,000 ..... 1999 87.4 Any balance in the first year does not cancel but is 87.5 available in the second year. 87.6 Subd. 6. [CHILD CARE DEVELOPMENT.] For child care 87.7 development grants according to Minnesota Statutes, section 87.8 119B.21: 87.9 $2,600,000 ..... 1998 87.10 $1,340,000 ..... 1999 87.11 Of this amount, $2,000,000 is a one-time appropriation in 87.12 fiscal year 1998 and is not to be added to the base. 87.13 Subd. 7. [CHILD MENTOR PROGRAMS.] For grants for child 87.14 mentor programs: 87.15 $530,000 ..... 1998 87.16 Of this amount, up to $280,000 is for a grant to the 87.17 Minnesota licensed family child care association for statewide 87.18 implementation of the family child care mentorship model 87.19 developed by the association. 87.20 Of this amount, up to $250,000 is for a grant to the 87.21 Minnesota child care apprentice/mentor program to modify the 87.22 apprentice/mentor program for statewide implementation through 87.23 the child care careers program of the community/technical 87.24 college system. 87.25 Any balance in the first year does not cancel but is 87.26 available in the second year. 87.27 In fiscal year 1999, the commissioner may transfer funding 87.28 between the programs, at the request of the Minnesota licensed 87.29 family child care association and the Minnesota child care 87.30 apprentice/mentor program to respond to demonstrated demand for 87.31 these programs. 87.32 Subd. 8. [PROJECT IMPACT.] For a grant to expand project 87.33 impact: 87.34 $ 250,000 ..... 1998 87.35 The grant must be used to prepare child care providers and 87.36 staff who are members of a community of color, as defined in 88.1 Minnesota Statutes, section 257.076, subdivision 3, to meet or 88.2 exceed the education and experience requirements of assistant 88.3 teachers, teachers, and family day care providers in licensed 88.4 child care programs. 88.5 Any balance in the first year does not cancel but is 88.6 available in the second year. 88.7 Subd. 9. [CHILD CARE APPRENTICE/MENTOR PROGRAM.] For a 88.8 grant to the Minnesota child care apprentice/mentor program: 88.9 $ 500,000 ..... 1998 88.10 Any balance in the first year does not cancel but is 88.11 available in the second year. 88.12 Subd. 10. [ECFE/FAMILY CHILD CARE TRAINING COLLABORATION.] 88.13 For grants to early childhood family education program under 88.14 Minnesota Statutes, section 121.882: 88.15 $ 300,000 ..... 1998 88.16 Any balance in the first year does not cancel but is 88.17 available in the second year. 88.18 The grants must be used to expand the staff and programming 88.19 capacity to permit licensed or legal unlicensed child care 88.20 providers to participate in the ECFE programs. 88.21 Subd. 11. [CHILD DEVELOPMENT EDUCATION AID TRAINING 88.22 LOANS.] For a grant to the regional child care resource and 88.23 referral programs for education and training loan under section 88.24 49: 88.25 $ 720,000 ..... 1998 88.26 Any balance in the first year does not cancel but is 88.27 available in the second year. 88.28 Of this amount up to eight percent may be used for 88.29 administration of the loan program. 88.30 Subd. 12. [RESOURCE AND REFERRAL PROJECTS.] For grants to 88.31 the regional child care resource and referral programs under 88.32 Minnesota Statutes, section 199B.18: 88.33 $1,380,000 ..... 1998 88.34 $1,380,000 ..... 1999 88.35 Any balance in the first year does not cancel but is 88.36 available in the second year. 89.1 Of this amount, $1,000,000 of the appropriation in fiscal 89.2 year 1998 is one time only and is not to be added to the base. 89.3 Of these amounts, up to $500,000 may be used for 89.4 recruitment, training, and technical assistance for prospective 89.5 and new child care providers. 89.6 Subd. 13. [CHILD CARE FACILITY IMPROVEMENT GRANTS.] For a 89.7 child care facility improvement grant to a nonprofit corporation 89.8 under Minnesota Statutes, section 119B.25: 89.9 $1,000,000 ..... 1998 89.10 This appropriation is available until expended. 89.11 Of this amount, up to five percent may be used by the 89.12 department and the nonprofit corporation to administer the loan 89.13 program including costs associated with setting up an 89.14 information system to administer child care and early childhood 89.15 education facility loans. 89.16 Subd. 14. [CHILD AND ADULT CARE FOOD PROGRAM.] $...,... 89.17 for the meal and nutrition program for licensed family day care 89.18 homes under section 71. 89.19 $ -0- ..... 1998 89.20 $ -0- ..... 1999 89.21 Sec. 73. [REPEALER.] 89.22 Minnesota Statutes 1996, sections 119B.03, subdivision 7; 89.23 119B.05, subdivisions 2 and 3; 119B.11, subdivision 2; 119B.19, 89.24 subdivision 2; 119B.21, subdivision 7; and 121.8355, subdivision 89.25 1a, are repealed.