1.1                          A bill for an act 
  1.2             relating to education; allowing child care assistance 
  1.3             payments to be used for all-day kindergarten tuition 
  1.4             payments; amending Minnesota Statutes 2002, sections 
  1.5             119B.011, subdivision 5; 119B.13, subdivision 1.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 119B.011, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  [CHILD CARE.] "Child care" means the care of a 
  1.10  child by someone other than a parent or legal guardian in or 
  1.11  outside the child's own home for gain or otherwise, on a regular 
  1.12  basis, for any part of a 24-hour day, and all-day every day 
  1.13  kindergarten for the portion of the kindergarten paid through 
  1.14  parent fees. 
  1.15     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
  1.16  2003-2004 school year and later.  
  1.17     Sec. 2.  Minnesota Statutes 2002, section 119B.13, 
  1.18  subdivision 1, is amended to read: 
  1.19     Subdivision 1.  [SUBSIDY RESTRICTIONS.] The maximum rate 
  1.20  paid for child care assistance under the child care fund may not 
  1.21  exceed the 75th percentile rate for like-care arrangements in 
  1.22  the county as surveyed by the commissioner.  The maximum rate 
  1.23  paid for all-day every day kindergarten fees must not exceed the 
  1.24  75th percentile rate established for child care in the county of 
  1.25  attendance.  A rate which includes a provider bonus paid under 
  2.1   subdivision 2 or a special needs rate paid under subdivision 3 
  2.2   may be in excess of the maximum rate allowed under this 
  2.3   subdivision.  The department shall monitor the effect of this 
  2.4   paragraph on provider rates.  The county shall pay the 
  2.5   provider's full charges for every child in care up to the 
  2.6   maximum established.  The commissioner shall determine the 
  2.7   maximum rate for each type of care, including all-day every day 
  2.8   kindergarten fees, special needs, and handicapped care.  Not 
  2.9   less than once every two years, the commissioner shall evaluate 
  2.10  market practices for payment of absences and shall establish 
  2.11  policies for payment of absent days that reflect current market 
  2.12  practice. 
  2.13     When the provider charge is greater than the maximum 
  2.14  provider rate allowed, the parent is responsible for payment of 
  2.15  the difference in the rates in addition to any family copayment 
  2.16  fee. 
  2.17     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
  2.18  2003-2004 school year and later.