1.1                          A bill for an act 
  1.2             relating to education; providing for early childhood 
  1.3             and family education; making technical, clarifying, 
  1.4             and conforming changes; removing obsolete language; 
  1.5             modifying certain levies; eliminating a reporting 
  1.6             requirement; authorizing rulemaking; allowing adult 
  1.7             basic education consortia to act as own fiscal agents; 
  1.8             amending Minnesota Statutes 2000, sections 119A.37, 
  1.9             subdivision 3; 119A.374, by adding a subdivision; 
  1.10            119B.011, subdivision 7; 119B.02, subdivision 1; 
  1.11            119B.061, subdivision 5; 124D.22, subdivision 3; 
  1.12            124D.52, subdivision 3; Minnesota Statutes 2001 
  1.13            Supplement, sections 124D.135, subdivision 8; 124D.16, 
  1.14            subdivision 6; 124D.20, subdivision 5; Laws 2001, 
  1.15            First Special Session chapter 3, article 2, section 
  1.16            15, subdivision 9; repealing Laws 2001, First Special 
  1.17            Session chapter 3, article 1, sections 16; 18. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19                             ARTICLE 1
  1.20     Section 1.  Minnesota Statutes 2000, section 119B.011, 
  1.21  subdivision 7, is amended to read: 
  1.22     Subd. 7.  [CHILD CARE SERVICES.] "Child care services" 
  1.23  means the provision of child care provided in family day care 
  1.24  homes, group day care homes, nursery schools, day nurseries, 
  1.25  child day care centers, head start, and extended day school age 
  1.26  child care programs in or out of the child's home as defined in 
  1.27  subdivision 5. 
  1.28     Sec. 2.  Minnesota Statutes 2000, section 119B.02, 
  1.29  subdivision 1, is amended to read: 
  1.30     Subdivision 1.  [CHILD CARE SERVICES.] The commissioner 
  1.31  shall develop standards for county and human services boards to 
  2.1   provide child care services to enable eligible families to 
  2.2   participate in employment, training, or education programs.  
  2.3   Within the limits of available appropriations, the commissioner 
  2.4   shall distribute money to counties to reduce the costs of child 
  2.5   care for eligible families.  The commissioner shall adopt rules 
  2.6   to govern the program in accordance with this section.  The 
  2.7   rules must establish a sliding schedule of fees for parents 
  2.8   receiving child care services.  The rules shall provide that 
  2.9   funds received as a lump sum payment of child support arrearages 
  2.10  shall not be counted as income to a family in the month received 
  2.11  but shall be prorated over the 12 months following receipt and 
  2.12  added to the family income during those months.  In the rules 
  2.13  adopted under this section, county and human services boards 
  2.14  shall be authorized to establish policies for payment of child 
  2.15  care spaces for absent children, when the payment is required by 
  2.16  the child's regular provider.  The rules shall not set a maximum 
  2.17  number of days for which absence payments can be made, but 
  2.18  instead shall direct the county agency to set limits and pay for 
  2.19  absences according to the prevailing market practice in the 
  2.20  county.  County policies for payment of absences shall be 
  2.21  subject to the approval of the commissioner.  The commissioner 
  2.22  shall maximize the use of federal money under title I and title 
  2.23  IV of Public Law Number 104-193, the Personal Responsibility and 
  2.24  Work Opportunity Reconciliation Act of 1996, and other programs 
  2.25  that provide federal or state reimbursement for child care 
  2.26  services for low-income families who are in education, training, 
  2.27  job search, or other activities allowed under those programs.  
  2.28  Money appropriated under this section must be coordinated with 
  2.29  the programs that provide federal reimbursement for child care 
  2.30  services to accomplish this purpose.  Federal reimbursement 
  2.31  obtained must be allocated to the county that spent money for 
  2.32  child care that is federally reimbursable under programs that 
  2.33  provide federal reimbursement for child care services.  The 
  2.34  counties shall use the federal money to expand child care 
  2.35  services.  The commissioner may adopt rules under chapter 14 to 
  2.36  implement and coordinate federal program requirements. 
  3.1      Sec. 3.  Minnesota Statutes 2000, section 119B.061, 
  3.2   subdivision 5, is amended to read: 
  3.3      Subd. 5.  [IMPLEMENTATION.] (a) The commissioner shall 
  3.4   implement the at-home infant child care program under this 
  3.5   section through counties that administer the basic sliding fee 
  3.6   program under section 119B.03.  The commissioner must develop 
  3.7   and distribute consumer information on the at-home infant care 
  3.8   program to assist parents of infants or expectant parents in 
  3.9   making informed child care decisions. 
  3.10     (b) The commissioner shall evaluate this program and report 
  3.11  the impact to the legislature by January 1, 2000.  The 
  3.12  evaluation must include data on the number of families 
  3.13  participating in the program; the number of families continuing 
  3.14  to pursue employment or education while participating in the 
  3.15  program; the average income of families prior to, during, and 
  3.16  after participation in the program; family size; and single 
  3.17  parent and two-parent status. 
  3.18     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  3.19  124D.135, subdivision 8, is amended to read: 
  3.20     Subd. 8.  [RESERVE ACCOUNT LIMIT.] (a) Under this section, 
  3.21  the average balance, during the most recent three-year period in 
  3.22  a district's early childhood family education reserve account on 
  3.23  June 30 of each year, adjusted for any prior reductions under 
  3.24  this subdivision, must not be greater than 25 percent of the 
  3.25  district's early childhood family education annual revenue for 
  3.26  the prior year.  If a district's adjusted average early 
  3.27  childhood family education reserve over the three-year period is 
  3.28  in excess of 25 percent of the prior year annual revenue, the 
  3.29  district's early childhood family education state aid and levy 
  3.30  authority for the current school year must be reduced by the 
  3.31  excess reserve amount.  The aid reduction equals the product of 
  3.32  the lesser of the excess reserve amount or the current year 
  3.33  revenue times the ratio of the district's aid for the prior 
  3.34  current year under subdivision 4 to the district's revenue for 
  3.35  the prior current year under subdivision 1.  The levy reduction 
  3.36  equals the excess reserve amount minus the aid reduction.  The 
  4.1   commissioner must reallocate aid and levy reduced under this 
  4.2   subdivision to other eligible early childhood family education 
  4.3   programs in proportion to each district's revenue for the prior 
  4.4   current year under subdivision 1.  
  4.5      (b) Notwithstanding paragraph (a), for fiscal year 2003, 
  4.6   the excess reserve amount shall be computed using the balance in 
  4.7   a district's early childhood family education reserve account on 
  4.8   June 30, 2002.  For fiscal year 2004, the excess reserve amount 
  4.9   shall be computed using the adjusted average balance in a 
  4.10  district's early childhood family education reserve account on 
  4.11  June 30, 2002, and June 30, 2003. 
  4.12     Sec. 5.  Minnesota Statutes 2001 Supplement, section 
  4.13  124D.16, subdivision 6, is amended to read: 
  4.14     Subd. 6.  [RESERVE ACCOUNT LIMIT.] (a) Under this section, 
  4.15  the average balance, during the most recent three-year period, 
  4.16  in a district's school readiness reserve account on June 30 of 
  4.17  each year, adjusted for any prior reductions under this 
  4.18  subdivision, must not be greater than 25 percent of the 
  4.19  district's school readiness annual revenue for the prior year.  
  4.20  If a district's adjusted average school readiness reserve over 
  4.21  the three-year period is in excess of 25 percent of the prior 
  4.22  year annual revenue, the district's current year school 
  4.23  readiness state aid must be reduced by the lesser of the excess 
  4.24  reserve amount or the current year aid.  The commissioner must 
  4.25  reallocate aid reduced under this subdivision to other eligible 
  4.26  school readiness programs in proportion to each district's aid 
  4.27  for the prior current year under subdivision 2.  
  4.28     (b) Notwithstanding paragraph (a), for fiscal year 2003, 
  4.29  the excess reserve amount shall be computed using the balance in 
  4.30  a district's school readiness reserve account on June 30, 2002.  
  4.31  For fiscal year 2004, the excess reserve amount shall be 
  4.32  computed using the adjusted average balance in a district's 
  4.33  school readiness reserve account on June 30, 2002, and June 30, 
  4.34  2003. 
  4.35     Sec. 6.  Minnesota Statutes 2000, section 124D.22, 
  4.36  subdivision 3, is amended to read: 
  5.1      Subd. 3.  [SCHOOL-AGE CARE LEVY.] To obtain school-age care 
  5.2   revenue, a school district may levy an amount equal to the 
  5.3   district's school-age care revenue as defined in subdivision 2 
  5.4   multiplied by the lesser of one, or the ratio of the quotient 
  5.5   derived by dividing the adjusted net tax capacity of the 
  5.6   district for the year before the year the levy is certified by 
  5.7   the resident pupil units in the district for the school year to 
  5.8   which the levy is attributable, to $3,280 $2,433.  
  5.9      Sec. 7.  [REPEALER.] 
  5.10     Laws 2001, First Special Session chapter 3, article 1, 
  5.11  sections 16 and 18, are repealed. 
  5.12                             ARTICLE 2
  5.13     Section 1.  Minnesota Statutes 2000, section 119A.37, 
  5.14  subdivision 3, is amended to read: 
  5.15     Subd. 3.  [FUNDING.] The commissioner may award grants to 
  5.16  create or maintain parenting time centers. 
  5.17     In awarding grants to maintain a parenting time center, the 
  5.18  commissioner may award a grant to a center that can demonstrate 
  5.19  a 35 25 percent local match, provided the center is diligently 
  5.20  exploring and pursuing all available funding options in an 
  5.21  effort to become self-sustaining, and those efforts are reported 
  5.22  to the commissioner. 
  5.23     In awarding grants to create a parenting time center, the 
  5.24  commissioner shall give priority to: 
  5.25     (1) areas of the state where no other parenting time center 
  5.26  or similar facility exists; 
  5.27     (2) applicants who demonstrate that private funding for the 
  5.28  center is available and will continue; and 
  5.29     (3) facilities that are adapted for use to care for 
  5.30  children, such as day care centers, religious institutions, 
  5.31  community centers, schools, technical colleges, parenting 
  5.32  resource centers, and child care referral services.  
  5.33     In awarding grants to create or maintain a parenting time 
  5.34  center, the commissioner shall require the proposed center to 
  5.35  meet standards developed by the commissioner to ensure the 
  5.36  safety of the custodial parent and children. 
  6.1      Sec. 2.  Laws 2001, First Special Session chapter 3, 
  6.2   article 2, section 15, subdivision 9, is amended to read: 
  6.3      Subd. 9.  [FAMILY VISITATION PARENTING TIME CENTERS.] (a) 
  6.4   For family visitation parenting time centers according to 
  6.5   Minnesota Statutes, section 119A.37: 
  6.6        $200,000       .....     2002
  6.7        $200,000       .....     2003
  6.8      Any balance in the first year does not cancel but is 
  6.9   available in the second year. 
  6.10     (b) An additional $96,000 in fiscal year 2002 and $96,000 
  6.11  in fiscal year 2003 are appropriated from the special revenue 
  6.12  fund under Minnesota Statutes, section 517.08, subdivision 1c, 
  6.13  for family visitation parenting time centers.  Any balance in 
  6.14  the first year does not cancel but is available for the second 
  6.15  year. 
  6.16                             ARTICLE 3
  6.17     Section 1.  Minnesota Statutes 2000, section 119A.374, is 
  6.18  amended by adding a subdivision to read: 
  6.19     Subd. 1a.  [RULEMAKING.] The commissioner shall adopt rules 
  6.20  necessary to implement sections 119A.374 to 119A.376. 
  6.21     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  6.22  124D.20, subdivision 5, is amended to read: 
  6.23     Subd. 5.  [TOTAL COMMUNITY EDUCATION LEVY.] To obtain total 
  6.24  community education revenue, a district operating a youth 
  6.25  after-school enrichment program under section 124D.19, 
  6.26  subdivision 12, may levy the amount raised by a maximum tax rate 
  6.27  of .7431 1.0017 percent times the adjusted net tax capacity of 
  6.28  the district.  To obtain total community education revenue, a 
  6.29  district not operating a youth after-school enrichment program 
  6.30  may levy the amount raised by a maximum tax rate of .4795 .6463 
  6.31  percent times the adjusted net tax capacity of the district.  If 
  6.32  the amount of the total community education levy would exceed 
  6.33  the total community education revenue, the total community 
  6.34  education levy shall be determined according to subdivision 6. 
  6.35     Sec. 3.  Minnesota Statutes 2000, section 124D.52, 
  6.36  subdivision 3, is amended to read: 
  7.1      Subd. 3.  [ACCOUNTS; REVENUE; AID.] (a) Each district, 
  7.2   group of districts, or private nonprofit organization providing 
  7.3   adult basic education programs must establish and maintain 
  7.4   accounts separate from all other district accounts for the 
  7.5   receipt and disbursement of all funds related to these 
  7.6   programs.  All revenue received pursuant to this section must be 
  7.7   utilized solely for the purposes of adult basic education 
  7.8   programs.  State aid must not equal more than 100 percent of the 
  7.9   unreimbursed expenses of providing these programs, excluding 
  7.10  in-kind costs.  
  7.11     (b) Notwithstanding section 123A.26 or any other law to the 
  7.12  contrary, an adult basic education consortium providing an 
  7.13  approved adult basic education program, may be its own fiscal 
  7.14  agent and eligible to receive state aid payments directly from 
  7.15  the commissioner.