Bill Text: MN HF2176 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Montessori early childhood programs provided.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-03-10 - Author added Isaacson [HF2176 Detail]
Download: Minnesota-2013-HF2176-Introduced.html
1.2relating to early childhood education; providing for Montessori early childhood
1.3programs;amending Minnesota Statutes 2012, section 245A.03, subdivision 2;
1.4proposing coding for new law in Minnesota Statutes, chapter 124D.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [124D.170] MONTESSORI EARLY CHILDHOOD PROGRAMS.
1.7 Subdivision 1. Programs. (a) A program accredited by the Association Montessori
1.8Internationale/USA to serve children ages eight weeks through age five is exempt from
1.9licensing under chapter 245A.
1.10(b) An accredited program under paragraph (a) may operate with approval by the
1.11commissioner of education if the program satisfies the following requirements:
1.12(1) the program submits a three-year plan that is approved by the commissioner in
1.13the form and manner prescribed by the commissioner;
1.14(2) the program provides a copy of the Association Montessori Internationale/USA
1.15current accreditation to the commissioner;
1.16(3) compliance with state and local fire codes under section 299F.011;
1.17(4) compliance with Minnesota Rules, parts 9503.0065, 9503.0110, 9503.0140,
1.189503.0145, 9503.0150, and 9503.0155; and
1.19(5) the program confirms that criminal background checks have been completed
1.20for all current and prospective employees, volunteers, and contractors not under direct
1.21supervision.
1.22 Subd. 2. Approval process. (a) A program under subdivision 1, paragraph (a), may
1.23not operate unless approved by the commissioner.
2.1(b) An approved program under subdivision 1, paragraph (b), must post the
2.2commissioner's approval letter in a conspicuous location.
2.3 Subd. 3. Background checks. (a) The commissioner of education must request
2.4a criminal history background check from the superintendent of the Bureau of Criminal
2.5Apprehension on all individuals who are offered employment in a program approved
2.6under this section. The background check request must be accompanied by:
2.7(1) an executed criminal history consent form, including fingerprints; and
2.8(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
2.9for the fee for conducting the criminal history background check.
2.10(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
2.11background check required under paragraph (a) by retrieving criminal history data as
2.12defined in section 13.87, and shall also conduct a search of the national criminal records
2.13repository. The superintendent is authorized to exchange fingerprints with the Federal
2.14Bureau of Investigation for purposes of the criminal history check. The superintendent
2.15shall recover the cost to the bureau of a background check through the fee charged to
2.16the applicant under paragraph (a).
2.17 Subd. 4. Commissioner's right of access. To investigate questions or issues
2.18relating to submitted plans or reports, the commissioner must be given access by programs
2.19to the physical plant and grounds where the program is provided, documents and records,
2.20including records maintained in electronic format, persons served by the program, and
2.21staff whenever the program is in operation and the information is relevant to investigations
2.22conducted by the commissioner. The commissioner must be given access without prior
2.23notice and as often as the commissioner considers necessary if the commissioner is
2.24investigating alleged maltreatment, conducting an inspection of compliance with the
2.25requirements of this section, or investigating a violation of applicable laws or rules. When
2.26conducting inspections, the commissioner may request and shall receive assistance from
2.27other state, county, and municipal governmental agencies and departments. The approved
2.28program provider shall allow the commissioner to photocopy, photograph, and make audio
2.29and video tape recordings during the inspection of the program at the commissioner's
2.30expense. The commissioner shall obtain a court order or the consent of the subject of
2.31the records or the parents or legal guardian of the subject before photocopying hospital
2.32medical records.
2.33 Sec. 2. Minnesota Statutes 2012, section 245A.03, subdivision 2, is amended to read:
2.34 Subd. 2. Exclusion from licensure. (a) This chapter does not apply to:
3.1 (1) residential or nonresidential programs that are provided to a person by an
3.2individual who is related unless the residential program is a child foster care placement
3.3made by a local social services agency or a licensed child-placing agency, except as
3.4provided in subdivision 2a;
3.5 (2) nonresidential programs that are provided by an unrelated individual to persons
3.6from a single related family;
3.7 (3) residential or nonresidential programs that are provided to adults who do
3.8not abuse chemicals or who do not have a chemical dependency, a mental illness, a
3.9developmental disability, a functional impairment, or a physical disability;
3.10 (4) sheltered workshops or work activity programs that are certified by the
3.11commissioner of employment and economic development;
3.12 (5) programs operated by a public school for children 33 months or older;
3.13 (6) nonresidential programs primarily for children that provide care or supervision
3.14for periods of less than three hours a day while the child's parent or legal guardian is in
3.15the same building as the nonresidential program or present within another building that is
3.16directly contiguous to the building in which the nonresidential program is located;
3.17 (7) nursing homes or hospitals licensed by the commissioner of health except as
3.18specified under section245A.02 ;
3.19 (8) board and lodge facilities licensed by the commissioner of health that do not
3.20provide children's residential services under Minnesota Rules, chapter 2960, mental health
3.21or chemical dependency treatment;
3.22 (9) homes providing programs for persons placed by a county or a licensed agency
3.23for legal adoption, unless the adoption is not completed within two years;
3.24 (10) programs licensed by the commissioner of corrections;
3.25 (11) recreation programs for children or adults that are operated or approved by a park
3.26and recreation board whose primary purpose is to provide social and recreational activities;
3.27 (12) programs operated by a school as defined in section120A.22, subdivision 4 ;
3.28YMCA as defined in section315.44 ; YWCA as defined in section
315.44 ; or JCC as
3.29defined in section315.51 , whose primary purpose is to provide child care or services to
3.30school-age children;
3.31 (13) Head Start nonresidential programs which operate for less than 45 days in
3.32each calendar year;
3.33 (14) noncertified boarding care homes unless they provide services for five or more
3.34persons whose primary diagnosis is mental illness or a developmental disability;
4.1 (15) programs for children such as scouting, boys clubs, girls clubs, and sports and
4.2art programs, and nonresidential programs for children provided for a cumulative total of
4.3less than 30 days in any 12-month period;
4.4 (16) residential programs for persons with mental illness, that are located in hospitals;
4.5 (17) the religious instruction of school-age children; Sabbath or Sunday schools; or
4.6the congregate care of children by a church, congregation, or religious society during the
4.7period used by the church, congregation, or religious society for its regular worship;
4.8 (18) camps licensed by the commissioner of health under Minnesota Rules, chapter
4.94630;
4.10 (19) mental health outpatient services for adults with mental illness or children
4.11with emotional disturbance;
4.12 (20) residential programs serving school-age children whose sole purpose is cultural
4.13or educational exchange, until the commissioner adopts appropriate rules;
4.14 (21) community support services programs as defined in section245.462, subdivision
4.156 , and family community support services as defined in section
245.4871, subdivision 17 ;
4.16 (22) the placement of a child by a birth parent or legal guardian in a preadoptive
4.17home for purposes of adoption as authorized by section259.47 ;
4.18 (23) settings registered under chapter 144D which provide home care services
4.19licensed by the commissioner of health to fewer than seven adults;
4.20 (24) chemical dependency or substance abuse treatment activities of licensed
4.21professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart
4.2215, when the treatment activities are not paid for by the consolidated chemical dependency
4.23treatment fund;
4.24(25) consumer-directed community support service funded under the Medicaid
4.25waiver for persons with developmental disabilities when the individual who provided
4.26the service is:
4.27 (i) the same individual who is the direct payee of these specific waiver funds or paid
4.28by a fiscal agent, fiscal intermediary, or employer of record; and
4.29 (ii) not otherwise under the control of a residential or nonresidential program that is
4.30required to be licensed under this chapter when providing the service; or
4.31 (26) a program serving only children who are age 33 months or older, that is
4.32operated by a nonpublic school, for no more than four hours per day per child, with no
4.33more than 20 children at any one time, and that is accredited by:
4.34 (i) an accrediting agency that is formally recognized by the commissioner of
4.35education as a nonpublic school accrediting organization; or
5.1 (ii) an accrediting agency that requires background studies and that receives and
5.2investigates complaints about the services provided; and
5.3 (27) a Montessori early childhood program that is approved by the commissioner of
5.4education under section 124D.170.
5.5 A program that asserts its exemption from licensure under item (ii) shall, upon
5.6request from the commissioner, provide the commissioner with documentation from the
5.7accrediting agency that verifies: that the accreditation is current; that the accrediting
5.8agency investigates complaints about services; and that the accrediting agency's standards
5.9require background studies on all people providing direct contact services.
5.10 (b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
5.11building in which a nonresidential program is located if it shares a common wall with the
5.12building in which the nonresidential program is located or is attached to that building by
5.13skyway, tunnel, atrium, or common roof.
5.14 (c) Except for the home and community-based services identified in section
5.15245D.03, subdivision 1
, nothing in this chapter shall be construed to require licensure for
5.16any services provided and funded according to an approved federal waiver plan where
5.17licensure is specifically identified as not being a condition for the services and funding.
1.3programs;amending Minnesota Statutes 2012, section 245A.03, subdivision 2;
1.4proposing coding for new law in Minnesota Statutes, chapter 124D.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [124D.170] MONTESSORI EARLY CHILDHOOD PROGRAMS.
1.7 Subdivision 1. Programs. (a) A program accredited by the Association Montessori
1.8Internationale/USA to serve children ages eight weeks through age five is exempt from
1.9licensing under chapter 245A.
1.10(b) An accredited program under paragraph (a) may operate with approval by the
1.11commissioner of education if the program satisfies the following requirements:
1.12(1) the program submits a three-year plan that is approved by the commissioner in
1.13the form and manner prescribed by the commissioner;
1.14(2) the program provides a copy of the Association Montessori Internationale/USA
1.15current accreditation to the commissioner;
1.16(3) compliance with state and local fire codes under section 299F.011;
1.17(4) compliance with Minnesota Rules, parts 9503.0065, 9503.0110, 9503.0140,
1.189503.0145, 9503.0150, and 9503.0155; and
1.19(5) the program confirms that criminal background checks have been completed
1.20for all current and prospective employees, volunteers, and contractors not under direct
1.21supervision.
1.22 Subd. 2. Approval process. (a) A program under subdivision 1, paragraph (a), may
1.23not operate unless approved by the commissioner.
2.1(b) An approved program under subdivision 1, paragraph (b), must post the
2.2commissioner's approval letter in a conspicuous location.
2.3 Subd. 3. Background checks. (a) The commissioner of education must request
2.4a criminal history background check from the superintendent of the Bureau of Criminal
2.5Apprehension on all individuals who are offered employment in a program approved
2.6under this section. The background check request must be accompanied by:
2.7(1) an executed criminal history consent form, including fingerprints; and
2.8(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
2.9for the fee for conducting the criminal history background check.
2.10(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
2.11background check required under paragraph (a) by retrieving criminal history data as
2.12defined in section 13.87, and shall also conduct a search of the national criminal records
2.13repository. The superintendent is authorized to exchange fingerprints with the Federal
2.14Bureau of Investigation for purposes of the criminal history check. The superintendent
2.15shall recover the cost to the bureau of a background check through the fee charged to
2.16the applicant under paragraph (a).
2.17 Subd. 4. Commissioner's right of access. To investigate questions or issues
2.18relating to submitted plans or reports, the commissioner must be given access by programs
2.19to the physical plant and grounds where the program is provided, documents and records,
2.20including records maintained in electronic format, persons served by the program, and
2.21staff whenever the program is in operation and the information is relevant to investigations
2.22conducted by the commissioner. The commissioner must be given access without prior
2.23notice and as often as the commissioner considers necessary if the commissioner is
2.24investigating alleged maltreatment, conducting an inspection of compliance with the
2.25requirements of this section, or investigating a violation of applicable laws or rules. When
2.26conducting inspections, the commissioner may request and shall receive assistance from
2.27other state, county, and municipal governmental agencies and departments. The approved
2.28program provider shall allow the commissioner to photocopy, photograph, and make audio
2.29and video tape recordings during the inspection of the program at the commissioner's
2.30expense. The commissioner shall obtain a court order or the consent of the subject of
2.31the records or the parents or legal guardian of the subject before photocopying hospital
2.32medical records.
2.33 Sec. 2. Minnesota Statutes 2012, section 245A.03, subdivision 2, is amended to read:
2.34 Subd. 2. Exclusion from licensure. (a) This chapter does not apply to:
3.1 (1) residential or nonresidential programs that are provided to a person by an
3.2individual who is related unless the residential program is a child foster care placement
3.3made by a local social services agency or a licensed child-placing agency, except as
3.4provided in subdivision 2a;
3.5 (2) nonresidential programs that are provided by an unrelated individual to persons
3.6from a single related family;
3.7 (3) residential or nonresidential programs that are provided to adults who do
3.8not abuse chemicals or who do not have a chemical dependency, a mental illness, a
3.9developmental disability, a functional impairment, or a physical disability;
3.10 (4) sheltered workshops or work activity programs that are certified by the
3.11commissioner of employment and economic development;
3.12 (5) programs operated by a public school for children 33 months or older;
3.13 (6) nonresidential programs primarily for children that provide care or supervision
3.14for periods of less than three hours a day while the child's parent or legal guardian is in
3.15the same building as the nonresidential program or present within another building that is
3.16directly contiguous to the building in which the nonresidential program is located;
3.17 (7) nursing homes or hospitals licensed by the commissioner of health except as
3.18specified under section
3.19 (8) board and lodge facilities licensed by the commissioner of health that do not
3.20provide children's residential services under Minnesota Rules, chapter 2960, mental health
3.21or chemical dependency treatment;
3.22 (9) homes providing programs for persons placed by a county or a licensed agency
3.23for legal adoption, unless the adoption is not completed within two years;
3.24 (10) programs licensed by the commissioner of corrections;
3.25 (11) recreation programs for children or adults that are operated or approved by a park
3.26and recreation board whose primary purpose is to provide social and recreational activities;
3.27 (12) programs operated by a school as defined in section
3.28YMCA as defined in section
3.29defined in section
3.30school-age children;
3.31 (13) Head Start nonresidential programs which operate for less than 45 days in
3.32each calendar year;
3.33 (14) noncertified boarding care homes unless they provide services for five or more
3.34persons whose primary diagnosis is mental illness or a developmental disability;
4.1 (15) programs for children such as scouting, boys clubs, girls clubs, and sports and
4.2art programs, and nonresidential programs for children provided for a cumulative total of
4.3less than 30 days in any 12-month period;
4.4 (16) residential programs for persons with mental illness, that are located in hospitals;
4.5 (17) the religious instruction of school-age children; Sabbath or Sunday schools; or
4.6the congregate care of children by a church, congregation, or religious society during the
4.7period used by the church, congregation, or religious society for its regular worship;
4.8 (18) camps licensed by the commissioner of health under Minnesota Rules, chapter
4.94630;
4.10 (19) mental health outpatient services for adults with mental illness or children
4.11with emotional disturbance;
4.12 (20) residential programs serving school-age children whose sole purpose is cultural
4.13or educational exchange, until the commissioner adopts appropriate rules;
4.14 (21) community support services programs as defined in section
4.156
4.16 (22) the placement of a child by a birth parent or legal guardian in a preadoptive
4.17home for purposes of adoption as authorized by section
4.18 (23) settings registered under chapter 144D which provide home care services
4.19licensed by the commissioner of health to fewer than seven adults;
4.20 (24) chemical dependency or substance abuse treatment activities of licensed
4.21professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart
4.2215, when the treatment activities are not paid for by the consolidated chemical dependency
4.23treatment fund;
4.24(25) consumer-directed community support service funded under the Medicaid
4.25waiver for persons with developmental disabilities when the individual who provided
4.26the service is:
4.27 (i) the same individual who is the direct payee of these specific waiver funds or paid
4.28by a fiscal agent, fiscal intermediary, or employer of record; and
4.29 (ii) not otherwise under the control of a residential or nonresidential program that is
4.30required to be licensed under this chapter when providing the service; or
4.31 (26) a program serving only children who are age 33 months or older, that is
4.32operated by a nonpublic school, for no more than four hours per day per child, with no
4.33more than 20 children at any one time, and that is accredited by:
4.34 (i) an accrediting agency that is formally recognized by the commissioner of
4.35education as a nonpublic school accrediting organization; or
5.1 (ii) an accrediting agency that requires background studies and that receives and
5.2investigates complaints about the services provided; and
5.3 (27) a Montessori early childhood program that is approved by the commissioner of
5.4education under section 124D.170.
5.5 A program that asserts its exemption from licensure under item (ii) shall, upon
5.6request from the commissioner, provide the commissioner with documentation from the
5.7accrediting agency that verifies: that the accreditation is current; that the accrediting
5.8agency investigates complaints about services; and that the accrediting agency's standards
5.9require background studies on all people providing direct contact services.
5.10 (b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
5.11building in which a nonresidential program is located if it shares a common wall with the
5.12building in which the nonresidential program is located or is attached to that building by
5.13skyway, tunnel, atrium, or common roof.
5.14 (c) Except for the home and community-based services identified in section
5.16any services provided and funded according to an approved federal waiver plan where
5.17licensure is specifically identified as not being a condition for the services and funding.
