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HF 2580

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/18/2012 07:39pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to education; empowering parents to request a school district intervene
in a "Priority" school; proposing coding for new law in Minnesota Statutes,
chapter 120B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [120B.361] EMPOWERING PARENTS TO REQUEST SCHOOL
INTERVENTIONS.
new text end

new text begin (a) This section applies to those public schools including charter schools identified
by the department as one of the state's "Priority" schools, for a minimum of three
consecutive school years, based on the multiple measures established in Minnesota's
federally approved 2012 No Child Left Behind Act waiver.
new text end

new text begin (b) Notwithstanding any other law to the contrary, if parents representing at least
51 percent of students attending one of the state's "Priority" schools under paragraph
(a), or parents who combined represent at least 51 percent of students attending that
school and students attending the elementary or middle schools that normally matriculate
into that school, sign a petition requesting that the school board of the school district in
which the school is located or the charter school board of directors implements one of
four intervention models or other alternative governance arrangement in this paragraph,
then the school board must implement the parent-requested intervention model or other
governance arrangement consistent with this section to allow an intervention strategy to
improve students' educational outcomes and school performance. The four intervention
models include:
new text end

new text begin (1) a turnaround model requiring the district in which the school is located or the
charter school board of directors to replace the school principal, allow the newly placed
principal to determine who is hired into licensed positions notwithstanding other law to
the contrary, adopt a new school governance structure, and implement a new or revised
instructional program;
new text end

new text begin (2) a restart model requiring the district in which the school is located or the charter
school board of directors to close the school and restart or reopen it under the management
of a charter school operator, a charter management organization, or an educational
management organization that manages a currently operating charter school that met
or exceeded state proficiency and growth standards on state reading and mathematics
assessments in at least the preceding three school years;
new text end

new text begin (3) a school closure model requiring the district in which the school is located to
close the school and transfer the students enrolled in the school to another higher-achieving
school in the district performing above the 25 percent of lowest performing schools as
measured by the multiple measures established in Minnesota's federally approved 2012
No Child Left Behind Act waiver; and
new text end

new text begin (4) a transformational model requiring the district in which the school is located to
transform the school by (i) developing and improving teacher and principal effectiveness
and replacing the principal who led the school before implementing this model, (ii)
implementing comprehensive instructional reform strategies, (iii) extending learning
and teacher planning time and creating community-oriented schools, and (iv) providing
operating flexibility and sustained support.
new text end

new text begin If on the date a school board receives a petition, the school that is the subject of the
petition is identified as one of the state's "Priority" schools, then that school is subject to
this section. This section does not apply to a public school already subject to closure.
new text end

new text begin (c) The petition shall read as follows:
new text end

new text begin Petition to request that Independent School District No. _____, _____ intervene in
the _______ school, designated a "Priority" school by the Minnesota Department of
Education, by implementing the following intervention at the school: _______.
new text end

new text begin SIGNER'S OATH
new text end
new text begin "I swear (or affirm) that I know the contents and purpose of this petition and that I
signed the petition only once on behalf of my child who attends the school that is
the subject of this petition or attends a school that normally matriculates into the
school that is the subject of this petition and of my own free will."
new text end
new text begin ALL INFORMATION ON THIS PETITION IS SUBJECT TO PUBLIC INSPECTION.
new text end
new text begin ALL INFORMATION MUST BE FILLED IN BY PERSON(S) SIGNING THIS
PETITION UNLESS DISABILITY PREVENTS THE PERSON(S) FROM DOING SO.
new text end
new text begin DATE
new text end
new text begin SIGNATURE
new text end
new text begin PRINT FIRST,
MIDDLE,
AND LAST
NAME
new text end
new text begin RESIDENCE
ADDRESS
(number and
street or
route and box
number) (Not
a P.O. Box)
new text end
new text begin SCHOOL
DISTRICT
new text end
new text begin SCHOOL
new text end
new text begin 1.
new text end
new text begin 2.
new text end
new text begin 3.
new text end
new text begin 4.
new text end
new text begin 5.
new text end
new text begin 6.
new text end
new text begin 7.
new text end
new text begin 8.
new text end
new text begin 9.
new text end
new text begin 10.
new text end

new text begin Each eligible student must be represented by only one parent on the petition. A
"parent," for the purposes of this section, is a natural or adoptive parent, legal guardian,
or other person holding the right to make educational decisions on behalf of the student,
including a foster parent who holds rights to make educational decisions on behalf of that
student on the date the petition is submitted. Signature gatherers must not offer incentives
or make threats to parents to sign a petition. No person shall be harassed, threatened, or
intimidated for circulating or signing a petition. Signature gatherers must disclose if
they are being paid to gather signatures. All persons involved in signature gathering
are subject to local administrative policies governing access to school facilities. School
officials must not use school resources to support or oppose the gathering of signatures by
parents or others. Petitioners may submit a petition that complies with this section to the
affected school board and must designate up to five individuals who sign the petition as
"lead petitioners" to help facilitate communication between the school board and parents
who sign the petition. Upon receiving a petition, a school board may use simple random
sampling to verify that the signatures on the petition can be counted under this section
and must review and verify the signatures as legitimate within 45 days. The school board
may contact parents only to verify their signatures on the petition. If the school board
finds errors with petition signatures, it must immediately notify the lead petitioners and
allow them to resubmit the petition within 30 calendar days of notice if no substantive
changes are made to the petition. The school board shall then have 15 calendar days to
determine whether the errors were corrected and verify the signatures. A resubmitted
petition with substantive changes is deemed a new petition and must be recirculated. The
commissioner must post a sample petition on the department's Web site and each school
district in which one of the state's "Priority" schools under paragraph (a) is located and
each charter school identified as one of the state's "Priority" schools under paragraph (a)
must post a sample petition on its Web site.
new text end

new text begin (d) A school board that receives a petition or a corrected resubmitted petition must
provide public notice and hold a public meeting to hear public comment on the substance
of the petition within 30 calendar days of finally verifying the signatures. Within 45
calendar days after hearing public comments, the board must identify the parent-requested
intervention or other governance arrangement it will implement. The board must
implement the intervention or other governance arrangement in the proximate school year
unless the board finally verifies petition signatures after February 1 and then the board
must implement the intervention or other governance arrangement no later than the school
year following the proximate school year.
new text end

new text begin (e) If eligible parents petition to reopen or restart a school as a charter school, the
school board must implement this option by converting the school to a charter school at
the beginning of the proximate academic year, consistent with section 124D.10. The
reopened or restarted school must admit any former student seeking enrollment, consistent
with the grades served by the reopened or restarted school.
new text end

new text begin (f) A school board that receives a petition must notify the commissioner in writing
of its receipt of the petition and the final disposition of that petition.
new text end

new text begin (g) A school board is not required to implement the intervention or other governance
arrangement requested by parents in a petition if the request is inconsistent with this
section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end