1.1.................... moves to amend H.F. No. 2760 as follows:
1.2Delete everything after the enacting clause and insert:


1.6    Section 1. Minnesota Statutes 2008, section 121A.16, is amended to read:
1.7121A.16 EARLY CHILDHOOD HEALTH AND DEVELOPMENT
1.8SCREENING; PURPOSE.
1.9The legislature finds that early detection of children's health and developmental
1.10problems can reduce their later need for costly care, minimize their physical and
1.11educational disabilities, and aid in their rehabilitation. The purpose of sections 121A.16
1.12to 121A.19 is to assist parents and communities in improving the health of Minnesota
1.13children and in planning educational and health programs. Charter schools that elect to
1.14provide a screening program must comply with the requirements of sections 121A.16 to
1.15121A.19.

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

2.6    Sec. 3. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 8, is
2.7amended to read:
2.8    Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
2.9federal, state, and local health and safety requirements applicable to school districts.
2.10(b) A school must comply with statewide accountability requirements governing
2.11standards and assessments in chapter 120B.
2.12(c) A school sponsored by a school board may be located in any district, unless the
2.13school board of the district of the proposed location disapproves by written resolution.
2.14(d) A charter school must be nonsectarian in its programs, admission policies,
2.15employment practices, and all other operations. A sponsor may not authorize a charter
2.16school or program that is affiliated with a nonpublic sectarian school or a religious
2.17institution. A charter school student must be released for religious instruction, consistent
2.18with section 120A.22, subdivision 12, clause (3).
2.19(e) Charter schools must not be used as a method of providing education or
2.20generating revenue for students who are being home-schooled.
2.21(f) The primary focus of a charter school must be to provide a comprehensive
2.22program of instruction for at least one grade or age group from five through 18 years
2.23of age. Instruction may be provided to people younger than five years and older than
2.2418 years of age.
2.25(g) A charter school may not charge tuition.
2.26(h) A charter school is subject to and must comply with chapter 363A and section
2.27121A.04 .
2.28(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
2.29Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
2.30123B.34 to 123B.39.
2.31(j) A charter school is subject to the same financial audits, audit procedures, and
2.32audit requirements as a district. Audits must be conducted in compliance with generally
2.33accepted governmental auditing standards, the Federal Single Audit Act, if applicable,
2.34and section 6.65. A charter school is subject to and must comply with sections 15.054;
2.35118A.01 ; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and
3.1471.425 . The audit must comply with the requirements of sections 123B.75 to 123B.83,
3.2except to the extent deviations are necessary because of the program at the school.
3.3Deviations must be approved by the commissioner and authorizer. The Department of
3.4Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
3.5or compliance audits. A charter school determined to be in statutory operating debt under
3.6sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.
3.7(k) A charter school is a district for the purposes of tort liability under chapter 466.
3.8(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
3.9subdivision 7 ; 121A.75; and 260B.171, subdivisions 3 and 5.
3.10(m) A charter school is subject to the Pledge of Allegiance requirement under
3.11section 121A.11, subdivision 3.
3.12(n) A charter school offering online courses or programs must comply with section
3.13124D.095 .
3.14(o) A charter school and charter school board of directors are subject to chapter 181.
3.15(p) A charter school must comply with section 120A.22, subdivision 7, governing
3.16the transfer of students' educational records and sections 138.163 and 138.17 governing
3.17the management of local records.
3.18(q) A charter school that provides early childhood health and developmental
3.19screening must comply with sections 121A.16 to 121A.19.

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

3.29    Sec. 5. Minnesota Statutes 2008, section 124D.141, subdivision 2, is amended to read:
3.30    Subd. 2. Additional duties. The following duties are added to those assigned
3.31to the council under federal law:
3.32    (1) make recommendations on the most efficient and effective way to leverage state
3.33and federal funding streams for early childhood and child care programs;
4.1    (2) make recommendations on how to coordinate or colocate early childhood and
4.2child care programs in one state Office of Early Learning;
4.3    (3) review program evaluations regarding high-quality early childhood programs;
4.4and
4.5    (4) make recommendations to the governor and legislature, including proposed
4.6legislation on how to most effectively create a high-quality early childhood system in
4.7Minnesota in order to improve the educational outcomes of children so that all children
4.8are school-ready by 2020;
4.9(5) make recommendations to the governor and the legislature by March 1, 2011, on
4.10the creation and implementation of a statewide school readiness report card to monitor
4.11progress toward the goal of having all children ready for kindergarten by the year 2020.
4.12The recommendations shall include what should be measured including both children and
4.13system indicators, what benchmarks should be established to measure state progress
4.14toward the goal, and how frequently the report card should be published. In making their
4.15recommendations, the council shall consider the indicators and strategies for Minnesota's
4.16early childhood system report, the Minnesota school readiness study: developmental
4.17assessment at kindergarten entrance, and the work of the council's accountability
4.18committee. Any costs incurred by the council in making these recommendations will be
4.19paid from private funds. If no private funds are received, the council will not proceed in
4.20making these recommendations; and
4.21(6) make recommendations to the governor and the legislature on how to screen
4.22earlier and comprehensively assess children for school readiness in order to provide
4.23increased early interventions and increase the number of children ready for kindergarten.
4.24In formulating their recommendations, the council shall consider (i) ways to interface
4.25with parents of children who are not participating in early childhood education or care
4.26programs, (ii) ways to interface with family child care providers, child care centers, and
4.27school-based early childhood and Head Start programs, (iii) if there are age-appropriate
4.28and culturally sensitive screening and assessment tools for three-, four-, and five-year-olds,
4.29(iv) the role of the medical community in screening, (v) incentives for parents to have
4.30children screened at an earlier age, (vi) incentives for early education and care providers
4.31to comprehensively assess children in order to improve instructional practice, (vii) how to
4.32phase in increases in screening and assessment over time, (viii) how the screening and
4.33assessment data will be collected and used and who will have access to the data, (ix)
4.34how to monitor progress toward the goal of having 50 percent of three-year-old children
4.35screened and 50 percent of five-year-old children assessed for school readiness by 2015
4.36and 100 percent of three-year-old children screened and five-year-old children assessed
5.1for school readiness by 2020, and (x) costs to meet these benchmarks. The council shall
5.2consider the screening instruments and comprehensive assessment tools used in Minnesota
5.3early childhood education and care programs and kindergarten. The council may survey
5.4early childhood education and care programs in the state to determine the screening and
5.5assessment tools being used or rely on previously collected survey data, if available. For
5.6purposes of this subdivision, "school readiness" is defined as the child's skills, knowledge,
5.7and behaviors at kindergarten entrance in these areas of child development: social;
5.8self-regulation; cognitive, including language, literacy, and mathematical thinking; and
5.9physical. For purposes of this subdivision, "screening" is defined as the activities used to
5.10identify a child who may need further evaluation to determine delay in development or
5.11disability. For purposes of this subdivision, "assessment" is defined as the activities used
5.12to determine a child's level of performance in order to promote the child's learning and
5.13development. Any costs incurred by the council in making these recommendations will
5.14be paid from private funds. If no private funds are received, the council will not proceed
5.15in making these recommendations. The council will report its recommendations to the
5.16governor and legislature by January 15, 2012, with an interim report on February 15, 2011.

5.17    Sec. 6. Minnesota Statutes 2009 Supplement, section 124D.15, subdivision 3, is
5.18amended to read:
5.19    Subd. 3. Program requirements. A school readiness program provider must:
5.20    (1) assess each child's cognitive skills with a comprehensive child assessment
5.21instrument when the child enters and again before the child leaves the program to inform
5.22program planning and parents and promote kindergarten readiness;
5.23    (2) provide comprehensive program content and intentional instructional practice
5.24aligned with the state early childhood learning guidelines and kindergarten standards and
5.25based on early childhood research and professional practice that is focused on children's
5.26cognitive, social, emotional, and physical skills and development and prepares children
5.27for the transition to kindergarten, including early literacy skills;
5.28(3) coordinate appropriate kindergarten transition with parents and kindergarten
5.29teachers;
5.30    (4) arrange for early childhood screening and appropriate referral;
5.31    (5) (4) involve parents in program planning and decision making;
5.32    (6) (5) coordinate with relevant community-based services;
5.33    (7) (6) cooperate with adult basic education programs and other adult literacy
5.34programs;
6.1(8) (7) ensure staff-child ratios of one-to-ten and maximum group size of 20 children
6.2with the first staff required to be a teacher; and
6.3(9) (8) have teachers knowledgeable in early childhood curriculum content,
6.4assessment, and instruction.

6.5    Sec. 7. Minnesota Statutes 2008, section 124D.15, subdivision 12, is amended to read:
6.6    Subd. 12. Program fees. A district must adopt a sliding fee schedule based on a
6.7family's income but must waive a fee for a participant unable to pay. School districts must
6.8use school readiness aid for eligible children. Children who do not meet the eligibility
6.9requirements in subdivision 15 may participate on a fee-for-service basis.

6.10    Sec. 8. Minnesota Statutes 2008, section 124D.15, is amended by adding a subdivision
6.11to read:
6.12    Subd. 15. Eligibility. A child is eligible to participate in a school readiness program
6.13if the child:
6.14(1) is at least three years old on September 1;
6.15(2) has completed health and developmental screening within 90 days of program
6.16enrollment under sections 121A.16 to 121A.19; and
6.17(3) has one or more of the following risk factors:
6.18(i) qualifies for free or reduced-price lunch;
6.19(ii) is an English language learning child;
6.20(iii) is homeless;
6.21(iv) has an individualized education program (IEP) or an individual interagency
6.22intervention plan (IIIP);
6.23(v) is identified, through health and developmental screenings under sections
6.24121A.16 to 121A.19, with a potential risk factor that may influence learning; or
6.25(vi) is defined as at risk by the school district.

6.26    Sec. 9. Minnesota Statutes 2008, section 124D.20, subdivision 8, is amended to read:
6.27    Subd. 8. Uses of general revenue. (a) General community education revenue
6.28may be used for:
6.29(1) nonvocational, recreational, and leisure time activities and programs;
6.30(2) programs for adults with disabilities, if the programs and budgets are approved
6.31by the department;
6.32(3) adult basic education programs, according to section 124D.52;
6.33(4) summer programs for elementary and secondary pupils;
7.1(5) implementation of a youth development plan;
7.2(6) implementation of a youth service program;
7.3(7) early childhood family education programs, according to section 124D.13; and
7.4(8) school readiness programs, according to section 124D.15; and
7.5(9) extended day programs, according to section 124D.19, subdivision 11.
7.6(9) (b) In addition to money from other sources, a district may use up to ten percent
7.7of its community education revenue for equipment that is used exclusively in community
7.8education programs. This revenue may be used only for the following purposes:
7.9(i) (1) to purchase or lease computers and related materials;
7.10(ii) (2) to purchase or lease equipment for instructional programs; and
7.11(iii) (3) to purchase textbooks and library books.
7.12(b) (c) General community education revenue must not be used to subsidize the
7.13direct activity costs for adult enrichment programs. Direct activity costs include, but
7.14are not limited to, the cost of the activity leader or instructor, cost of materials, or
7.15transportation costs.


7.18    Section 1. Minnesota Statutes 2008, section 119B.025, subdivision 1, is amended to
7.19read:
7.20    Subdivision 1. Factors which must be verified. (a) The county shall verify the
7.21following at all initial child care applications using the universal application:
7.22(1) identity of adults;
7.23(2) presence of the minor child in the home, if questionable;
7.24(3) relationship of minor child to the parent, stepparent, legal guardian, eligible
7.25relative caretaker, or the spouses of any of the foregoing;
7.26(4) age;
7.27(5) immigration status, if related to eligibility;
7.28(6) Social Security number, if given;
7.29(7) income;
7.30(8) spousal support and child support payments made to persons outside the
7.31household;
7.32(9) residence; and
7.33(10) inconsistent information, if related to eligibility.
7.34(b) If a family did not use the universal application or child care addendum to apply
7.35for child care assistance, the family must complete the universal application or child care
8.1addendum at its next eligibility redetermination and the county must verify the factors
8.2listed in paragraph (a) as part of that redetermination. Once a family has completed a
8.3universal application or child care addendum, the county shall use the redetermination
8.4form described in paragraph (c) for that family's subsequent redeterminations. Eligibility
8.5must be redetermined at least every six months. For a family where at least one parent is
8.6under the age of 21, does not have a high school or general equivalency diploma, and is a
8.7student in a school district or another similar program that provides or arranges for child
8.8care, as well as parenting, social services, career and employment supports, and academic
8.9support to achieve high school graduation, the redetermination of eligibility shall be
8.10deferred beyond six months, but not to exceed 12 months, to the end of the student's
8.11school year. If a family reports a change in an eligibility factor before the family's next
8.12regularly scheduled redetermination, the county must recalculate eligibility without
8.13requiring verification of any eligibility factor that did not change.
8.14(c) The commissioner shall develop a redetermination form to redetermine eligibility
8.15and a change report form to report changes that minimize paperwork for the county and
8.16the participant.
8.17(d) Families have the primary responsibility to verify information. A county must
8.18consider the family's circumstances and ability to produce verification when initiating a
8.19request for verification. If a family is unable to verify an eligibility factor, the county
8.20must request written consent from the family to obtain verification from other sources. A
8.21county may not request a specific form of verification if another is more readily available.
8.22When verification of an eligibility factor other than income is not available despite the
8.23efforts of the county and the family, the county must accept a signed statement from the
8.24family attesting to the correctness of the information if one is provided. The county must
8.25deny or end assistance to families who refuse or deliberately fail to verify information.

8.26    Sec. 2. Minnesota Statutes 2008, section 119B.09, subdivision 4, is amended to read:
8.27    Subd. 4. Eligibility; annual income; calculation. Annual income of the applicant
8.28family is the current monthly income of the family multiplied by 12 or the income for
8.29the 12-month period immediately preceding the date of application, or income calculated
8.30by the method which provides the most accurate assessment of income available to the
8.31family. Self-employment income must be calculated based on gross receipts less operating
8.32expenses. Income must be recalculated when the family's income changes, but no less
8.33often than every six months. For a family where at least one parent is under the age
8.34of 21, does not have a high school or general equivalency diploma, and is a student in
8.35a school district or another similar program that provides or arranges for child care,
9.1as well as parenting, social services, career and employment supports, and academic
9.2support to achieve high school graduation, income must be recalculated when the family's
9.3income changes, but otherwise shall be deferred beyond six months, but not to exceed 12
9.4months, to the end of the student's school year. Income must be verified with documentary
9.5evidence. If the applicant does not have sufficient evidence of income, verification must
9.6be obtained from the source of the income.

9.7    Sec. 3. QUALITY RATING SYSTEM TRAINING, COACHING,
9.8CONSULTATION, AND SUPPORTS.
9.9The commissioner of human services shall direct $500,000 in federal child care
9.10development funds used for grants under Minnesota Statutes, section 119B.21, in fiscal
9.11year 2011 for the purpose of providing statewide child care provider training, coaching,
9.12consultation, and supports to prepare for the voluntary Minnesota quality rating system.
9.13This is a onetime appropriation. In addition, to the extent that private funds are made
9.14available, the commissioner shall designate those funds for this purpose.

9.15    Sec. 4. CHILD CARE ASSISTANCE REDETERMINATION OF ELIGIBILITY
9.16AND INFORMATION VERIFICATION.
9.17The commissioner of human services shall use existing resources to implement
9.18the changes in this bill related to child care assistance redetermination of eligibility and
9.19information verification under Minnesota Statutes, sections 119B.025, subdivision 1, and
9.20119B.09, subdivision 4.

9.21    Sec. 5. CHILD CARE DEVELOPMENT FUND UNEXPENDED BALANCE.
9.22In addition to the amount provided in Laws 2009, chapter 79, article 13, section 3,
9.23subdivision 4, paragraph (d), the commissioner shall carryover and expend in fiscal year
9.242011, $7,500,000 of the TANF funds transferred in fiscal year 2010 which reflect the
9.25child care and development fund unexpended balance for the basic sliding fee child care
9.26assistance program under Minnesota Statutes, section 119B.03. The commissioner shall
9.27ensure that all the funds are expended according to the federal child care and development
9.28fund regulations relating to TANF transfers.

9.29    Sec. 6. BASIC SLIDING FEE.
9.30The general fund appropriation for fiscal year 2011 for the basic sliding fee child
9.31care program under Laws 2009, chapter 79, article 13, section 3, subdivision 4, paragraph
9.32(d) is reduced by $7,500,000."
10.1Amend the title accordingly