HF 3777

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; limiting the time for appeal of 
  1.3             a school board decision not to sponsor a charter 
  1.4             school; amending Minnesota Statutes 1999 Supplement, 
  1.5             section 124D.10, subdivision 4.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.8   124D.10, subdivision 4, is amended to read: 
  1.9      Subd. 4.  [FORMATION OF SCHOOL.] (a) A sponsor may 
  1.10  authorize one or more licensed teachers under section 122A.18, 
  1.11  subdivision 1, to operate a charter school subject to approval 
  1.12  by the commissioner.  A board must vote on charter school 
  1.13  application for sponsorship no later than 90 days after 
  1.14  receiving the application.  After 90 days, the applicant may 
  1.15  apply to the commissioner.  If a board elects not to sponsor a 
  1.16  charter school, the applicant may appeal the board's decision to 
  1.17  the commissioner.  The appeal must be made no later than 60 days 
  1.18  after the school board elects not to sponsor a charter school.  
  1.19  If the commissioner authorizes the school, the commissioner must 
  1.20  sponsor the school according to this section.  The school must 
  1.21  be organized and operated as a cooperative under chapter 308A or 
  1.22  nonprofit corporation under chapter 317A.  
  1.23     (b) Before the operators may form and operate a school, the 
  1.24  sponsor must file an affidavit with the commissioner stating its 
  1.25  intent to authorize a charter school.  The affidavit must state 
  2.1   the terms and conditions under which the sponsor would authorize 
  2.2   a charter school.  The commissioner must approve or disapprove 
  2.3   the sponsor's proposed authorization within 60 days of receipt 
  2.4   of the affidavit.  Failure to obtain commissioner approval 
  2.5   precludes a sponsor from authorizing the charter school that was 
  2.6   the subject of the affidavit.  
  2.7      (c) The operators authorized to organize and operate a 
  2.8   school must hold an election for members of the school's board 
  2.9   of directors in a timely manner after the school is operating.  
  2.10  Any staff members who are employed at the school, including 
  2.11  teachers providing instruction under a contract with a 
  2.12  cooperative, and all parents of children enrolled in the school 
  2.13  may participate in the election.  Licensed teachers employed at 
  2.14  the school, including teachers providing instruction under a 
  2.15  contract with a cooperative, must be a majority of the members 
  2.16  of the board of directors, unless the commissioner waives the 
  2.17  requirement for the school.  A provisional board may operate 
  2.18  before the election of the school's board of directors.  Board 
  2.19  of director meetings must comply with section 471.705. 
  2.20     (d) The granting or renewal of a charter by a sponsoring 
  2.21  entity must not be conditioned upon the bargaining unit status 
  2.22  of the employees of the school.