HF 1563

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education finance; creating 
  1.3             district-sponsored choice magnet schools; authorizing 
  1.4             district-sponsored choice magnet schools to qualify 
  1.5             for start-up grants; directing the commissioner to 
  1.6             consider the effect of a proposed charter school on 
  1.7             other public schools located within a school district; 
  1.8             requiring a nonsponsoring district in which a charter 
  1.9             school is located to approve the location; allowing a 
  1.10            charter school applicant to appeal the decision of a 
  1.11            local school board not to sponsor the charter school 
  1.12            if three school board members vote in support of the 
  1.13            proposal; amending Minnesota Statutes 2000, sections 
  1.14            124D.10, subdivisions 4 and 8; 124D.11, subdivisions 4 
  1.15            and 8; proposing coding for new law in Minnesota 
  1.16            Statutes, chapter 124D.  
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  [124D.095] [SCHOOL DISTRICT-SPONSORED CHOICE 
  1.19  MAGNET SCHOOLS.] 
  1.20     Subdivision 1.  [ESTABLISHMENT.] A school district may 
  1.21  establish a choice magnet school. 
  1.22     Subd. 2.  [CRITERIA.] A choice magnet school must: 
  1.23     (1) be innovative in meeting the educational needs of its 
  1.24  students; 
  1.25     (2) create competition between the district's other 
  1.26  elementary schools; 
  1.27     (3) allow any district elementary student to enroll; 
  1.28     (4) be located at a nontraditional school site; and 
  1.29     (5) be managed at the site by the teachers and parents 
  1.30  using the shared decisions Minnesota process. 
  1.31     Subd. 3.  [TEACHER RELATIONS.] In order to qualify as a 
  2.1   choice magnet school, a school board and the exclusive 
  2.2   representative of the teachers must agree to a contract waiver 
  2.3   in order to provide a flexible school day for the choice magnet 
  2.4   program. 
  2.5      Subd. 4.  [AID; GRANTS.] A choice magnet school is eligible 
  2.6   for aid and grants in the same manner as a charter school. 
  2.7      Sec. 2.  Minnesota Statutes 2000, section 124D.10, 
  2.8   subdivision 4, is amended to read: 
  2.9      Subd. 4.  [FORMATION OF SCHOOL.] (a) A sponsor may 
  2.10  authorize one or more licensed teachers under section 122A.18, 
  2.11  subdivision 1, to operate a charter school subject to approval 
  2.12  by the commissioner.  A board must vote on charter school 
  2.13  application for sponsorship no later than 90 days after 
  2.14  receiving the application.  After 90 days, the applicant may 
  2.15  apply to the commissioner.  If a board elects not to sponsor a 
  2.16  charter school but three board members vote affirmatively to 
  2.17  sponsor the charter school, the applicant may appeal the board's 
  2.18  decision to the commissioner.  If the commissioner authorizes 
  2.19  the school, the commissioner must sponsor the school according 
  2.20  to this section.  The school must be organized and operated as a 
  2.21  cooperative under chapter 308A or nonprofit corporation under 
  2.22  chapter 317A.  
  2.23     (b) Before the operators may form and operate a school, the 
  2.24  sponsor must file an affidavit with the commissioner stating its 
  2.25  intent to authorize a charter school.  The affidavit must state 
  2.26  the terms and conditions under which the sponsor would authorize 
  2.27  a charter school.  The commissioner must approve or disapprove 
  2.28  the sponsor's proposed authorization within 60 days of receipt 
  2.29  of the affidavit.  Failure to obtain commissioner approval 
  2.30  precludes a sponsor from authorizing the charter school that was 
  2.31  the subject of the affidavit.  Before the commissioner decides 
  2.32  to approve or disapprove a sponsor's proposed authorization and 
  2.33  where applicable, the commissioner must consider, among other 
  2.34  things, information provided by the school district that is the 
  2.35  proposed location but not the proposed sponsor of the charter 
  2.36  school.  The information the district provides may include 
  3.1   circumstances the district believes may affect the operation of 
  3.2   the proposed charter school or other public schools located 
  3.3   within the district.  
  3.4      (c) The operators authorized to organize and operate a 
  3.5   school must hold an election for members of the school's board 
  3.6   of directors in a timely manner after the school is operating.  
  3.7   Any staff members who are employed at the school, including 
  3.8   teachers providing instruction under a contract with a 
  3.9   cooperative, and all parents of children enrolled in the school 
  3.10  may participate in the election.  Licensed teachers employed at 
  3.11  the school, including teachers providing instruction under a 
  3.12  contract with a cooperative, must be a majority of the members 
  3.13  of the board of directors, unless the commissioner waives the 
  3.14  requirement for the school.  A provisional board may operate 
  3.15  before the election of the school's board of directors.  Board 
  3.16  of director meetings must comply with chapter 13D. 
  3.17     (d) The granting or renewal of a charter by a sponsoring 
  3.18  entity must not be conditioned upon the bargaining unit status 
  3.19  of the employees of the school.  
  3.20     Sec. 3.  Minnesota Statutes 2000, section 124D.10, 
  3.21  subdivision 8, is amended to read: 
  3.22     Subd. 8.  [STATE AND LOCAL REQUIREMENTS.] (a) A charter 
  3.23  school shall meet all applicable state and local health and 
  3.24  safety requirements. 
  3.25     (b) A school sponsored by a school board may be located in 
  3.26  any another district, unless only if the school board of the 
  3.27  district of the proposed location disapproves approves by 
  3.28  written resolution.  If such a board denies a request to locate 
  3.29  within its boundaries a charter school sponsored by another 
  3.30  school board, the sponsoring school board may appeal to the 
  3.31  commissioner.  If the commissioner authorizes the school, the 
  3.32  commissioner must sponsor the school The decision of a school 
  3.33  board to disapprove the proposed location in its district cannot 
  3.34  be appealed. 
  3.35     (c) A charter school must be nonsectarian in its programs, 
  3.36  admission policies, employment practices, and all other 
  4.1   operations.  A sponsor may not authorize a charter school or 
  4.2   program that is affiliated with a nonpublic sectarian school or 
  4.3   a religious institution. 
  4.4      (d) Charter schools must not be used as a method of 
  4.5   providing education or generating revenue for students who are 
  4.6   being home-schooled. 
  4.7      (e) The primary focus of a charter school must be to 
  4.8   provide a comprehensive program of instruction for at least one 
  4.9   grade or age group from five through 18 years of age.  
  4.10  Instruction may be provided to people younger than five years 
  4.11  and older than 18 years of age. 
  4.12     (f) A charter school may not charge tuition. 
  4.13     (g) A charter school is subject to and must comply with 
  4.14  chapter 363 and section 121A.04. 
  4.15     (h) A charter school is subject to and must comply with the 
  4.16  Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 
  4.17  Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 
  4.18     (i) A charter school is subject to the same financial 
  4.19  audits, audit procedures, and audit requirements as a district.  
  4.20  The audit must comply with the requirements of sections 123B.75 
  4.21  to 123B.83, except to the extent deviations are necessary 
  4.22  because of the program at the school.  The department of 
  4.23  children, families, and learning, state auditor, or legislative 
  4.24  auditor may conduct financial, program, or compliance audits.  A 
  4.25  charter school determined to be in statutory operating debt 
  4.26  under sections 123B.81 to 123B.83 must submit a plan under 
  4.27  section 123B.81, subdivision 4. 
  4.28     (j) A charter school is a district for the purposes of tort 
  4.29  liability under chapter 466. 
  4.30     Sec. 4.  Minnesota Statutes 2000, section 124D.11, 
  4.31  subdivision 4, is amended to read: 
  4.32     Subd. 4.  [BUILDING LEASE AID.] When a charter school finds 
  4.33  it economically advantageous to rent or lease a building or land 
  4.34  for any instructional purposes and it determines that the total 
  4.35  operating capital revenue under section 126C.10, subdivision 13, 
  4.36  is insufficient for this purpose, it may apply to the 
  5.1   commissioner for building lease aid for this purpose.  Criteria 
  5.2   for aid approval and revenue uses shall be as defined for the 
  5.3   building lease levy in section 126C.40, subdivision 1, 
  5.4   paragraphs (a) and (b).  The amount of building lease aid per 
  5.5   pupil unit served for a charter school for any year shall not 
  5.6   exceed the lesser of (a) 90 percent of the approved cost or (b) 
  5.7   the product of the pupil units served for the current school 
  5.8   year times $1,500 the sum of the state average debt redemption 
  5.9   fund revenue plus capital revenue according to sections 123B.57, 
  5.10  123B.59, and 126C.40 per adjusted pupil unit. 
  5.11     Sec. 5.  Minnesota Statutes 2000, section 124D.11, 
  5.12  subdivision 8, is amended to read: 
  5.13     Subd. 8.  [START-UP COSTS.] During the first two years of a 
  5.14  charter school's operation for a charter school or a 
  5.15  district-sponsored choice magnet school, the charter school is 
  5.16  eligible for aid to pay for start-up costs and additional 
  5.17  operating costs. Start-up cost aid equals the greater of: 
  5.18     (1) $50,000 per charter school; or 
  5.19     (2) $500 times the charter school's pupil units served for 
  5.20  that year.