2024 Minnesota Statutes

CHAPTER 119A. DEPARTMENT OF EDUCATION; PROGRAMS

119A.01

Subdivision 1.

[Repealed, 2003 c 130 s 13]

Subd. 2.

[Renumbered 120A.02, paragraph (a)]

Subd. 3.

[Repealed, 2005 c 98 art 2 s 18]

119A.02 DEFINITIONS.

Subdivision 1.Application.

The definitions in this section apply to this chapter.

Subd. 2.Commissioner.

"Commissioner" means the commissioner of education.

Subd. 3.Department.

"Department" means the Department of Education.

Subd. 4.Local grantee.

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

History:

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

119A.03 COMMISSIONER.

Subdivision 1.General.

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

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

Subd. 2.Duties of commissioner.

The commissioner shall:

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

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

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

(4) facilitate inclusive processes when designing or implementing guidelines and strategies to achieve agency goals for children and families;

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

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

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

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

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

(10) monitor local compliance with this chapter.

History:

1Sp1995 c 3 art 16 s 3; 2Sp1997 c 3 s 18; 1999 c 86 art 1 s 27; 2003 c 130 s 12; 2007 c 13 art 3 s 12; 2009 c 101 art 2 s 109

119A.035 SCHOOL CRISIS RESPONSE TEAMS.

Subdivision 1.Commissioner's duties.

To ensure timely responses to school crises, the commissioner must work in cooperation with the Minnesota School Safety Center to collect, maintain, and make available to schools contact information for crisis response teams throughout the state.

Subd. 2.Crisis response teams.

In regions of Minnesota where an existing crisis response team has not been formed by a school district, county, or city, the commissioner, in cooperation with the Minnesota School Safety Center, must convene a working group in each region to develop a plan to form a crisis response team for that region. Team members from the public and private sectors may represent various disciplines, including school administrators, guidance counselors, psychologists, social workers, teachers, nurses, security experts, media relations professionals, and other related areas.

History:

2016 c 189 art 25 s 1

119A.04 TRANSFERS FROM OTHER AGENCIES.

Subdivision 1.

[Repealed, 2014 c 262 art 1 s 12]

Subd. 2.Department of Employment and Economic Development.

The powers and duties of the Department of Employment and Economic Development with respect to the following programs are transferred to the Department of Education under section 15.039 on July 1, 1997: (1) the Head Start program, including Project Cornerstone, under sections 142D.12 to 142D.124; and (2) community action agency programs and financial assistance under sections 142F.30 and 142F.302.

Subd. 3.

[Repealed, 2014 c 272 art 8 s 4]

Subd. 4.Department of Corrections.

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

Subd. 5.

[Repealed, 1999 c 216 art 2 s 29; 1999 c 241 art 10 s 9]

Subd. 6.Funding for transferred programs.

State appropriations for programs transferred under this section may not be used to replace appropriations for K-12 programs. State and federal appropriations for programs under section 142A.414, subdivision 6, transferred from the Department of Employment and Economic Development, may not be used to replace, supplement, or supplant federal or state appropriations for any other program in the department.

Subd. 7.Grantees of transferred programs.

Except as provided in Minnesota Rules, chapter 3350, the commissioner shall not reduce the number of organizations or eliminate specific types of organizations that are eligible to directly apply for grants made by programs transferred from the Department of Employment and Economic Development after January 1, 1997.

History:

1Sp1995 c 3 art 16 s 4,13; 1997 c 7 art 1 s 42; 1997 c 162 art 3 s 2,3; 1Sp1997 c 5 s 30; 1998 c 397 art 11 s 3; 1999 c 205 art 5 s 21; 2000 c 260 s 18; 2003 c 130 s 12; 2004 c 206 s 52; 2005 c 98 art 1 s 24; 2007 c 13 art 3 s 13; 2016 c 158 art 1 s 36; 2024 c 80 art 1 s 96; art 4 s 26; art 6 s 4; 2024 c 115 art 16 s 34,42,43

119A.05 FUNDING CONSOLIDATION.

Subdivision 1.Authority for funding consolidation.

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

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

Subd. 2.Account.

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

Subd. 3.Eligibility; accountability.

To be eligible to receive funding for local consolidation, as provided for in this section, a grantee must meet the following requirements:

(1) demonstrate participation by counties and schools in a local collaborative process as defined in section 142D.15 or in a similar process of collaboration with other local governments and community organizations which satisfies the governance and planning guidelines published by the commissioner as provided for in this section;

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

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

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

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

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

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

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

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

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

Subd. 4.Geographic area.

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

Subd. 5.Programs included.

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

Subd. 6.Entry into program.

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

Subd. 7.Sanctions.

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

History:

1Sp1995 c 3 art 16 s 5; 1998 c 397 art 11 s 3; 2003 c 130 s 12; 2004 c 228 art 1 s 28; 2024 c 80 art 4 s 26; 2024 c 115 art 16 s 42

NEIGHBORHOOD-BASED SERVICES

119A.08 NEIGHBORHOOD-BASED SERVICES FOR CHILDREN AND FAMILIES.

Subdivision 1.Pilot projects authorized.

The commissioner may establish a pilot project for family services collaboratives to deliver and broker services through neighborhood-based community organizations.

Subd. 2.Family service collaborative; pilot.

(a) A family services collaborative under section 142D.15 may apply to the commissioner to participate in the pilot project in specified geographic areas. The selected collaborative must implement the program through family service centers and eligible community groups that have strong ties to a local neighborhood and represent the diversity of residents and that have a history of providing services in the neighborhood.

(b) An eligible organization must submit an application to the sponsoring family services collaborative with a description of areas to be served, a neighborhood presence, the needs of the area, the services to be provided with associated costs and resources, the intended outcomes, and the proposed methods of delivering service through volunteers, including any reimbursement or incentive not to exceed $200 for any service. Proposed services and amounts must be listed in an outcomes-based format.

Subd. 3.Eligible activities.

A participating center or group may deliver, or arrange for the delivery of, needed services listed in the application including assisting family members to achieve the commissioner-selected high school equivalency requirements; assisting with English as a second language or citizenship classes and tests; assisting with access to early childhood programs, childhood immunizations, suitable child care, and home visits; and assisting in crime prevention through after-school enrichment activities, truancy prevention, and tutoring for academically underachieving children.

A collaborative that receives a grant under this section shall establish procedures to ensure the quality of the services paid for with grant funds and to monitor the delivery of services.

History:

1997 c 162 art 2 s 2; 1998 c 397 art 11 s 3; 1Sp2017 c 5 art 10 s 7; 2024 c 80 art 4 s 26; 2024 c 115 art 16 s 42

119A.10 [Renumbered 256E.20]

119A.11 [Renumbered 256E.21]

119A.12 [Renumbered 256E.22]

119A.13

Subdivision 1.

[Repealed, 1Sp2001 c 3 art 2 s 18]

Subd. 2.

[Repealed, 1Sp2001 c 3 art 2 s 18]

Subd. 3.

[Repealed, 1Sp2001 c 3 art 2 s 18]

Subd. 4.

[Renumbered 119A.12, subd 7]

119A.14

Subdivision 1.

[Renumbered 256E.24]

Subd. 2.

[Repealed, 1Sp2001 c 3 art 2 s 18]

119A.15 [Renumbered 256E.25]

119A.16 [Renumbered 256E.26]

119A.17 [Renumbered 256E.27]

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

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

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

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

119A.25 [Renumbered 299A.291]

119A.26 [Renumbered 299A.292]

119A.27 [Renumbered 299A.293]

119A.28

Subdivision 1.

[Renumbered 299A.294, subdivision 1]

Subd. 2.

[Renumbered 299A.294, subd 2]

Subd. 3.

[Renumbered 299A.294, subd 3]

Subd. 4.

[Repealed, 1999 c 86 art 1 s 83]

119A.29 [Renumbered 299A.295]

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

119A.31

Subdivision 1.

[Renumbered 299A.296, subdivision 1]

Subd. 2.

[Renumbered 299A.296, subd 2]

Subd. 3.

[Repealed, 1999 c 86 art 1 s 83]

119A.32 [Renumbered 299A.297]

119A.33 [Renumbered 299A.298]

119A.34 [Renumbered 299A.299]

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

FAMILY VISITATION CENTERS

119A.37 GRANTS FOR PARENTING TIME CENTERS.

Subdivision 1.Purpose.

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

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

Subd. 2.County involvement.

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

Subd. 3.Funding.

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

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

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

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

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

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

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

Subd. 4.Additional services.

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

Subd. 5.Administration.

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

History:

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

119A.374 [Renumbered 256E.30]

119A.375 [Renumbered 256E.31]

119A.376 [Renumbered 256E.32]

119A.40 [Renumbered 216C.263]

119A.41 [Renumbered 216C.264]

119A.42 [Renumbered 216C.265]

119A.425 [Renumbered 216C.266]

119A.43 [Renumbered 256E.33]

119A.44 [Renumbered 256E.34]

119A.445 [Renumbered 256E.35]

119A.45 MS 2006 [Renumbered 256E.37]

119A.46 [Renumbered 144.9512]

119A.50 [Renumbered 142D.12]

119A.51 [Repealed, 2006 c 263 art 6 s 9]

119A.52 [Renumbered 142D.121]

119A.53 [Renumbered 142D.122]

119A.535 [Renumbered 142D.123]

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

119A.5411 [Renumbered 142D.124]

119A.545 [Renumbered 142D.125]