1.1.................... moves to amend H.F. No. 2431, the first committee engrossment,
1.2as follows:
1.3Page 137, after line 19, insert:


1.7    Section 1. Minnesota Statutes 2008, section 121A.16, is amended to read:
1.8121A.16 EARLY CHILDHOOD HEALTH AND DEVELOPMENT
1.9SCREENING; PURPOSE.
1.10The legislature finds that early detection of children's health and developmental
1.11problems can reduce their later need for costly care, minimize their physical and
1.12educational disabilities, and aid in their rehabilitation. The purpose of sections 121A.16
1.13to 121A.19 is to assist parents and communities in improving the health of Minnesota
1.14children and in planning educational and health programs. Charter schools that elect to
1.15provide a screening program must comply with the requirements of sections 121A.16 to
1.16121A.19.

1.17    Sec. 2. Minnesota Statutes 2008, section 121A.17, subdivision 5, is amended to read:
1.18    Subd. 5. Developmental screening program information. The board must inform
1.19each resident family with a child eligible to participate in the developmental screening
1.20program, and a charter school that provides screening must inform families that apply
1.21for admission to the charter school, about the availability of the program and the state's
1.22requirement that a child receive a developmental screening or provide health records
1.23indicating that the child received a comparable developmental screening from a public
1.24or private health care organization or individual health care provider not later than 30
1.25days after the first day of attending kindergarten in a public school. A school district
1.26must inform all resident families with eligible children under age seven, and a charter
2.1school that provides screening must inform families that apply for admission to the charter
2.2school, that their children may receive a developmental screening conducted either by the
2.3school district or by a public or private health care organization or individual health care
2.4provider and that the screening is not required if a statement signed by the child's parent
2.5or guardian is submitted to the administrator or other person having general control and
2.6supervision of the school that the child has not been screened.

2.7    Sec. 3. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 8, is
2.8amended to read:
2.9    Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
2.10federal, state, and local health and safety requirements applicable to school districts.
2.11(b) A school must comply with statewide accountability requirements governing
2.12standards and assessments in chapter 120B.
2.13(c) A school sponsored by a school board may be located in any district, unless the
2.14school board of the district of the proposed location disapproves by written resolution.
2.15(d) A charter school must be nonsectarian in its programs, admission policies,
2.16employment practices, and all other operations. A sponsor may not authorize a charter
2.17school or program that is affiliated with a nonpublic sectarian school or a religious
2.18institution. A charter school student must be released for religious instruction, consistent
2.19with section 120A.22, subdivision 12, clause (3).
2.20(e) Charter schools must not be used as a method of providing education or
2.21generating revenue for students who are being home-schooled.
2.22(f) The primary focus of a charter school must be to provide a comprehensive
2.23program of instruction for at least one grade or age group from five through 18 years
2.24of age. Instruction may be provided to people younger than five years and older than
2.2518 years of age.
2.26(g) A charter school may not charge tuition.
2.27(h) A charter school is subject to and must comply with chapter 363A and section
2.28121A.04 .
2.29(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
2.30Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
2.31123B.34 to 123B.39.
2.32(j) A charter school is subject to the same financial audits, audit procedures, and
2.33audit requirements as a district. Audits must be conducted in compliance with generally
2.34accepted governmental auditing standards, the Federal Single Audit Act, if applicable,
2.35and section 6.65. A charter school is subject to and must comply with sections 15.054;
3.1118A.01 ; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and
3.2471.425 . The audit must comply with the requirements of sections 123B.75 to 123B.83,
3.3except to the extent deviations are necessary because of the program at the school.
3.4Deviations must be approved by the commissioner and authorizer. The Department of
3.5Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
3.6or compliance audits. A charter school determined to be in statutory operating debt under
3.7sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.
3.8(k) A charter school is a district for the purposes of tort liability under chapter 466.
3.9(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
3.10subdivision 7 ; 121A.75; and 260B.171, subdivisions 3 and 5.
3.11(m) A charter school is subject to the Pledge of Allegiance requirement under
3.12section 121A.11, subdivision 3.
3.13(n) A charter school offering online courses or programs must comply with section
3.14124D.095 .
3.15(o) A charter school and charter school board of directors are subject to chapter 181.
3.16(p) A charter school must comply with section 120A.22, subdivision 7, governing
3.17the transfer of students' educational records and sections 138.163 and 138.17 governing
3.18the management of local records.
3.19(q) A charter school that provides early childhood health and developmental
3.20screening must comply with sections 121A.16 to 121A.19.

3.21    Sec. 4. Minnesota Statutes 2008, section 124D.141, subdivision 1, is amended to read:
3.22    Subdivision 1. Membership; duties. Two members of the house of representatives,
3.23one appointed by the speaker and one appointed by the minority leader; and two members
3.24of the senate appointed by the Subcommittee on Committees of the Committee on Rules
3.25and Administration, including one member of the minority; the commissioner of health or
3.26the commissioner's designee; and two parents with a child under age six, shall be added
3.27to the membership of the State Advisory Council on Early Education and Care. The
3.28council must fulfill the duties required under the federal Improving Head Start for School
3.29Readiness Act of 2007 as provided in Public Law 110-134.

3.30    Sec. 5. Minnesota Statutes 2008, section 124D.141, subdivision 2, is amended to read:
3.31    Subd. 2. Additional duties. The following duties are added to those assigned
3.32to the council under federal law:
3.33    (1) make recommendations on the most efficient and effective way to leverage state
3.34and federal funding streams for early childhood and child care programs;
4.1    (2) make recommendations on how to coordinate or colocate early childhood
4.2and child care programs in one state Office of Early Learning;. The council shall
4.3establish a task force to develop these recommendations. The task force shall include
4.4two nonexecutive branch or nonlegislative branch representatives from the council; six
4.5representatives from the early childhood caucus; two representatives each from the
4.6Departments of Education, Human Services, and Health; one representative each from a
4.7local public health agency, a local county human services agency, and a school district; and
4.8two representatives from the private nonprofit organizations that support early childhood
4.9programs in Minnesota. In developing recommendations in coordination with existing
4.10efforts of the council, the task force shall consider how to:
4.11(i) consolidate and coordinate resources and public funding streams for early
4.12childhood education and child care, and ensure the accountability and coordinated
4.13development of all early childhood education and child care services to children from birth
4.14to kindergarten entrance;
4.15(ii) create a seamless transition from early childhood programs to kindergarten;
4.16(iii) encourage family choice by ensuring a mixed system of high-quality public and
4.17private programs, with local points of entry, staffed by well-qualified professionals;
4.18(iv) ensure parents a decisive role in the planning, operation, and evaluation of
4.19programs that aid families in the care of children;
4.20(v) provide consumer education and accessibility to early childhood education
4.21and child care resources;
4.22(vi) advance the quality of early childhood education and child care programs in
4.23order to support the healthy development of children and preparation for their success
4.24in school;
4.25(vii) develop a seamless service delivery system with local points of entry for early
4.26childhood education and child care programs administered by local, state, and federal
4.27agencies;
4.28(viii) ensure effective collaboration between state and local child welfare programs
4.29and early childhood mental health programs and the Office of Early Learning;
4.30(ix) develop and manage an effective data collection system to support the necessary
4.31functions of a coordinated system of early childhood education and child care in order to
4.32enable accurate evaluation of its impact;
4.33(x) respect and be sensitive to family values and cultural heritage; and
4.34(xi) establish the administrative framework for and promote the development of
4.35early childhood education and child care services in order to provide that these services,
5.1staffed by well-qualified professionals, are available in every community for all families
5.2that express a need for them.
5.3In addition, the task force must consider the following responsibilities for transfer
5.4to the Office of Early Learning:
5.5(A) responsibilities of the commissioner of education for early childhood education
5.6programs and financing under sections 119A.50 to 119A.535, 121A.16 to 121A.19, and
5.7124D.129 to 124D.2211;
5.8(B) responsibilities of the commissioner of human services for child care assistance,
5.9child care development, and early childhood learning and child protection facilities
5.10programs and financing under chapter 119B and section 256E.37; and
5.11(C) responsibilities of the commissioner of health for family home visiting programs
5.12and financing under section 145A.17.
5.13Any costs incurred by the council in making these recommendations will be paid
5.14from private funds. If no private funds are received, the council will not proceed in
5.15making these recommendations. The council will report its recommendations to the
5.16governor and the legislature by January 15, 2011;
5.17    (3) review program evaluations regarding high-quality early childhood programs;
5.18and
5.19    (4) make recommendations to the governor and legislature, including proposed
5.20legislation on how to most effectively create a high-quality early childhood system in
5.21Minnesota in order to improve the educational outcomes of children so that all children
5.22are school-ready by 2020.;
5.23(5) make recommendations to the governor and the legislature by March 1, 2011, on
5.24the creation and implementation of a statewide school readiness report card to monitor
5.25progress toward the goal of having all children ready for kindergarten by the year 2020.
5.26The recommendations shall include what should be measured including both children and
5.27system indicators, what benchmarks should be established to measure state progress
5.28toward the goal, and how frequently the report card should be published. In making their
5.29recommendations, the council shall consider the indicators and strategies for Minnesota's
5.30early childhood system report, the Minnesota school readiness study, developmental
5.31assessment at kindergarten entrance, and the work of the council's accountability
5.32committee. Any costs incurred by the council in making these recommendations will be
5.33paid from private funds. If no private funds are received, the council will not proceed in
5.34making these recommendations; and
5.35(6) make recommendations to the governor and the legislature on how to screen
5.36earlier and comprehensively assess children for school readiness in order to provide
6.1increased early interventions and increase the number of children ready for kindergarten.
6.2In formulating their recommendations, the council shall consider:
6.3(i) ways to interface with parents of children who are not participating in early
6.4childhood education or care programs;
6.5(ii) ways to interface with family child care providers, child care centers, and
6.6school-based early childhood and Head Start programs;
6.7(iii) if there are age-appropriate and culturally sensitive screening and assessment
6.8tools for three-, four-, and five-year-olds;
6.9(iv) the role of the medical community in screening;
6.10(v) incentives for parents to have children screened at an earlier age;
6.11(vi) incentives for early education and care providers to comprehensively assess
6.12children in order to improve instructional practice;
6.13(vii) how to phase in increases in screening and assessment over time;
6.14(viii) how the screening and assessment data will be collected and used and who will
6.15have access to the data;
6.16(ix) how to monitor progress toward the goal of having 50 percent of three-year-old
6.17children screened and 50 percent of five-year-old children assessed for school readiness
6.18by 2015 and 100 percent of three-year-old children screened and five-year-old children
6.19assessed for school readiness by 2020; and
6.20(x) costs to meet these benchmarks.
6.21The council shall consider the screening instruments and comprehensive assessment
6.22tools used in Minnesota early childhood education and care programs and kindergarten.
6.23The council may survey early childhood education and care programs in the state to
6.24determine the screening and assessment tools being used or rely on previously collected
6.25survey data, if available. For purposes of this subdivision, "school readiness" is defined
6.26as the child's skills, knowledge, and behaviors at kindergarten entrance in these areas
6.27of child development: social; self-regulation; cognitive, including language, literacy,
6.28and mathematical thinking; and physical. For purposes of this subdivision, "screening"
6.29is defined as the activities used to identify a child who may need further evaluation
6.30to determine delay in development or disability. For purposes of this subdivision,
6.31"assessment" is defined as the activities used to determine a child's level of performance in
6.32order to promote the child's learning and development. Any costs incurred by the council
6.33in making these recommendations will be paid from private funds. If no private funds are
6.34received, the council will not proceed in making these recommendations. The council
6.35will report its recommendations to the governor and legislature by January 15, 2012, with
6.36an interim report on February 15, 2011.

7.1    Sec. 6. Minnesota Statutes 2009 Supplement, section 124D.15, subdivision 3, is
7.2amended to read:
7.3    Subd. 3. Program requirements. A school readiness program provider must:
7.4    (1) assess each child's cognitive skills with a comprehensive child assessment
7.5instrument when the child enters and again before the child leaves the program to inform
7.6program planning and parents and promote kindergarten readiness;
7.7    (2) provide comprehensive program content and intentional instructional practice
7.8aligned with the state early childhood learning guidelines and kindergarten standards and
7.9based on early childhood research and professional practice that is focused on children's
7.10cognitive, social, emotional, and physical skills and development and prepares children
7.11for the transition to kindergarten, including early literacy skills;
7.12(3) coordinate appropriate kindergarten transition with parents and kindergarten
7.13teachers;
7.14    (4) arrange for early childhood screening and appropriate referral;
7.15    (5) (4) involve parents in program planning and decision making;
7.16    (6) (5) coordinate with relevant community-based services;
7.17    (7) (6) cooperate with adult basic education programs and other adult literacy
7.18programs;
7.19(8) (7) ensure staff-child ratios of one-to-ten and maximum group size of 20 children
7.20with the first staff required to be a teacher; and
7.21(9) (8) have teachers knowledgeable in early childhood curriculum content,
7.22assessment, and instruction.

7.23    Sec. 7. Minnesota Statutes 2008, section 124D.15, subdivision 12, is amended to read:
7.24    Subd. 12. Program fees. A district must adopt a sliding fee schedule based on a
7.25family's income but must waive a fee for a participant unable to pay. School districts must
7.26use school readiness aid for eligible children. Children who do not meet the eligibility
7.27requirements in subdivision 15 may participate on a fee-for-service basis.

7.28    Sec. 8. Minnesota Statutes 2008, section 124D.15, is amended by adding a subdivision
7.29to read:
7.30    Subd. 15. Eligibility. A child is eligible to participate in a school readiness program
7.31if the child:
7.32(1) is at least three years old on September 1;
7.33(2) has completed health and developmental screening within 90 days of program
7.34enrollment under sections 121A.16 to 121A.19; and
8.1(3) has one or more of the following risk factors:
8.2(i) qualifies for free or reduced-price lunch;
8.3(ii) is an English language learning child;
8.4(iii) is homeless;
8.5(iv) has an individualized education program (IEP) or an individual interagency
8.6intervention plan (IIIP);
8.7(v) is identified, through health and developmental screenings under sections
8.8121A.16 to 121A.19, with a potential risk factor that may influence learning; or
8.9(vi) is defined as at risk by the school district.

8.10    Sec. 9. Minnesota Statutes 2008, section 124D.20, subdivision 8, is amended to read:
8.11    Subd. 8. Uses of general revenue. (a) General community education revenue
8.12may be used for:
8.13(1) nonvocational, recreational, and leisure time activities and programs;
8.14(2) programs for adults with disabilities, if the programs and budgets are approved
8.15by the department;
8.16(3) adult basic education programs, according to section 124D.52;
8.17(4) summer programs for elementary and secondary pupils;
8.18(5) implementation of a youth development plan;
8.19(6) implementation of a youth service program;
8.20(7) early childhood family education programs, according to section 124D.13; and
8.21(8) school readiness programs, according to section 124D.15; and
8.22(9) extended day programs, according to section 124D.19, subdivision 11.
8.23(9) (b) In addition to money from other sources, a district may use up to ten percent
8.24of its community education revenue for equipment that is used exclusively in community
8.25education programs. This revenue may be used only for the following purposes:
8.26(i) (1) to purchase or lease computers and related materials;
8.27(ii) (2) to purchase or lease equipment for instructional programs; and
8.28(iii) (3) to purchase textbooks and library books.
8.29(b) (c) General community education revenue must not be used to subsidize the
8.30direct activity costs for adult enrichment programs. Direct activity costs include, but
8.31are not limited to, the cost of the activity leader or instructor, cost of materials, or
8.32transportation costs."
8.33Renumber the sections in sequence and correct the internal references
8.34Amend the title accordingly