HF 4488

as introduced - 91st Legislature (2019 - 2020) Posted on 03/16/2020 10:01am

A bill for an act
relating to education; allowing school district reorganization and establishing new
district reorganization plans; proposing coding for new law in Minnesota Statutes,
chapter 123A.

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

Section 1.

new text begin [123A.80] VOTER-APPROVED DISTRICT REORGANIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Optional plans. new text end

new text begin A school district may, following voter approval in
accordance with section 123A.81, adopt one of the following reorganization plans:
new text end

new text begin (1) elected leadership district as provided in section 123A.84;
new text end

new text begin (2) decentralized district as provided in section 123A.85;
new text end

new text begin (3) county-partner district as provided in section 123A.86; or
new text end

new text begin (4) home rule district as provided in section 123A.87.
new text end

new text begin Subd. 2. new text end

new text begin Adoption or abandonment. new text end

new text begin A district may adopt or abandon a plan listed in
subdivision 1 in accordance with section 123A.81. Until a plan is adopted, the district must
continue to operate in accordance with its obligations under this chapter.
new text end

Sec. 2.

new text begin [123A.81] REORGANIZATION ELECTION.
new text end

new text begin Subdivision 1. new text end

new text begin One plan per election. new text end

new text begin A school board may at its discretion submit to
the voters at a regular or special election the question of adoption by the district of a plan
listed in section 123A.80, subdivision 1. A school board must submit to voters a
reorganization plan if at least 15 percent of the voters who voted in the previous board
election petition the board for a reorganization election. Except as provided in section
123A.86, subdivision 3, only one plan may be submitted at any one election. No plan may
be submitted in any district in which an optional plan is already adopted and in effect until
the plan has been in effect for at least three years.
new text end

new text begin Subd. 2. new text end

new text begin Form of ballot. new text end

new text begin A ballot in an election under this section must state the proposals
for adoption of optional plans substantially as follows:
new text end

new text begin (1) "Shall a plan for an elected leadership district, modifying the standard plan of district
government by providing for the direct election of the board chair, be adopted for the
district?";
new text end

new text begin (2) "Shall a plan for a decentralized district, providing for the district to establish delegate
responsibility to its schools, be adopted for the district?";
new text end

new text begin (3) "Shall a plan for a county-partner district, permitting the district to contract with the
County of ..... and/or other third parties to provide certain services to the district, be adopted
for the district?"; or
new text end

new text begin (4) "Shall the district be governed pursuant to the terms of the district home rule plan
approved by the board on [date]?".
new text end

new text begin Subd. 3. new text end

new text begin Adoption. new text end

new text begin If a majority of votes cast on the question of adoption of a plan listed
in section 123A.80 is in favor of adoption, the plan voted upon shall be adopted in the district
and, once placed into effect, shall remain in effect until abandoned by a similar majority at
a subsequent election at which the question of abandonment or adoption of another optional
plan is submitted.
new text end

new text begin Subd. 4. new text end

new text begin Abandonment. new text end

new text begin At any time more than three years after the adoption and placing
into effect an optional plan in a district, the question of abandonment of the plan may be
submitted to the voters in the same manner provided in this section for the submission of
the question of adoption. If a majority of votes cast on the question is in favor of
abandonment, the plan voted upon shall be abandoned and the standard plan of government
shall be resumed in the district and all the provisions of law applicable to districts in which
an optional plan is not in operation shall apply to the district.
new text end

new text begin Subd. 5. new text end

new text begin Election procedure. new text end

new text begin Except as provided in this section, an election on a question
submitted under this section is subject to the law governing school district elections under
chapter 205A. The district must promptly notify the county auditor, the commissioner, and
secretary of state of the date of the election, the question submitted on the ballot, and results
of the vote on the question for any question that is adopted under this section.
new text end

Sec. 3.

new text begin [123A.82] APPLICABLE LAW.
new text end

new text begin Subdivision 1. new text end

new text begin Consistent laws. new text end

new text begin Except in the case of a county-partner district, all state
laws applicable to a district before the adoption of an optional district plan and not
inconsistent with the provisions relating to the plan apply to and govern the district after
the adoption of an optional district plan.
new text end

new text begin Subd. 2. new text end

new text begin Resolutions. new text end

new text begin A resolution or policy in effect at the time of adoption of an
optional district plan continues in effect until amended or repealed, notwithstanding adoption
of the plan.
new text end

new text begin Subd. 3. new text end

new text begin Rights and liability. new text end

new text begin No valid and legally subsisting right or liability and no
judicial proceeding shall be affected by any change of government, unless otherwise provided.
new text end

Sec. 4.

new text begin [123A.83] TRANSITION RULE.
new text end

new text begin (a) If an elected leadership district plan is adopted in a district, the board must continue
to elect its chair consistent with past practice until the next board election is held, at which
time a board chair must be elected by voters in accordance with section 123A.84. The board
chair must be elected in place of one of the other board member positions that would
otherwise have been elected at that time, such that the size of the board remains the same
as before the adoption of an elected leadership district plan except as provided in paragraph
(b).
new text end

new text begin (b) In a district where one or more board members are elected by ward, the board may
increase the size of the board by one member when adopting an elected leadership district
plan.
new text end

Sec. 5.

new text begin [123A.84] ELECTED LEADERSHIP DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Board. new text end

new text begin Under a district plan for an elected leadership and board chair,
the size of the board is determined in accordance with section 123B.09 provided that one
board member is directly elected by voters as board chair. The board chair retains all
authorized duties under this chapter and chapter 123B. In an election for a board chair, the
ballot must list candidates for board chair separately from candidates for any other board
office to be elected. The election for board chair must appear above any other board offices
listed on the election ballot. Election of a board chair is subject to the laws governing school
district elections under chapter 205A.
new text end

new text begin Subd. 2. new text end

new text begin Chair duties. new text end

new text begin The elected board chair has the following duties:
new text end

new text begin (1) provide general policy leadership for the district and the board;
new text end

new text begin (2) provide for the development of an annual and long-range plan for the district;
new text end

new text begin (3) work in conjunction with the superintendent to develop an annual budget to be
presented to the board for consideration and approval;
new text end

new text begin (4) act as the official spokesperson for the district;
new text end

new text begin (5) appoint all board committees and designate board members to serve in other
appropriate capacities, including representatives to other organizations and associations in
which the board participates;
new text end

new text begin (6) provide an annual report to the public concerning the state of the district;
new text end

new text begin (7) preside over all meetings of the board;
new text end

new text begin (8) collaborate with the superintendent to establish meeting agendas;
new text end

new text begin (9) perform other functions as determined by the board; and
new text end

new text begin (10) provide for oversight and evaluation of the superintendent.
new text end

new text begin Subd. 3. new text end

new text begin Superintendent. new text end

new text begin The board must employ a superintendent who is responsible
for the administration of the district and has the authorities and duties set forth in section
123B.143. The superintendent must attend all meetings of the board, and may participate
in discussion at the meetings, but must not be an ex officio member of the board. The board
may have an executive session during any board meeting during which the superintendent
may be excused from the meeting. The superintendent has the following duties:
new text end

new text begin (1) visit and supervise the schools in the district and report and make recommendations
about school conditions when advisable or upon request by the board;
new text end

new text begin (2) make recommendations to the board on employment or dismissal of teachers;
new text end

new text begin (3) annually evaluate each school principal assigned responsibility for supervising a
school building within the district, consistent with section 123B.147, subdivision 3, paragraph
(b);
new text end

new text begin (4) oversee school grading practices and examinations for promotions;
new text end

new text begin (5) make reports required by the commissioner;
new text end

new text begin (6) work with the board chair to prepare an annual budget for the district to be presented
to the board for approval; and
new text end

new text begin (7) perform other duties as prescribed by the board.
new text end

new text begin Subd. 4. new text end

new text begin Limits on board powers. new text end

new text begin Neither the board nor any of its members may dictate
the appointment of any person to office or employment by the superintendent, interfere in
any manner with the superintendent, or prevent the superintendent from exercising
independent judgment in the appointment of officers and employees. Except for the purpose
of inquiry, the board and its members must oversee the administrative services of the district
solely through the superintendent. Neither the board nor any of its members may give orders
to any subordinate of the superintendent, either publicly or privately.
new text end

Sec. 6.

new text begin [123A.85] DECENTRALIZED DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin A board of a district operating under a decentralized district
plan may approve an unlimited number of schools to operate within the district. The board
may request proposals for the types of schools or innovations the board seeks. A school-based
group may also submit a proposal to the board for consideration. A proposal may be based
on a model requested by the board or a model developed by a school-based group. Nothing
in this section limits the authority of a district to authorize a charter school under chapter
124E, or to create site-governed schools under section 123B.045.
new text end

new text begin Subd. 2. new text end

new text begin Roles and responsibilities of self-governed schools. new text end

new text begin (a) A school approved
by the board under this section has autonomy for the following responsibilities:
new text end

new text begin (1) create the governing arrangements for the school;
new text end

new text begin (2) determine the leadership model for the school, which may include a principal model,
a teacher professional practice model with school leadership functions performed by one
or more teachers or administrators at the school, or any other model;
new text end

new text begin (3) determine the budget for the school and the allocation and expenditure of the revenue
based on provisions of subdivision 4;
new text end

new text begin (4) determine the learning model and organization of the school;
new text end

new text begin (5) select and develop curriculum for the school and determine formative and summative
assessment practices;
new text end

new text begin (6) set policies for the school including student promotion, attendance, discipline,
graduation requirements, which may exceed the board standards, and other rules as approved
by the board consistent with the mission, goals, and learning program of the school;
new text end

new text begin (7) determine the length of the school day and school year;
new text end

new text begin (8) determine employee work rules covered by the terms and conditions of the
employment contract;
new text end

new text begin (9) select teachers and other staff consistent with current law and collective bargaining
agreements and any applicable memoranda of understanding. The district is the legal
employer of all staff at the school and all teachers and other employees may be required to
sign an individual work agreement with the governing council committing themselves to
the mission and learning program of the school and the requirements of the governing
council; and
new text end

new text begin (10) fulfill other provisions as agreed to by the district.
new text end

new text begin (b) If a school created under this section is supervised by a principal, that principal must
be licensed consistent with section 123B.147, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Contract. new text end

new text begin The district and any school must enter into a written school contract
providing the terms and conditions by which the school will be governed, operated, and
evaluated. The contract must address at a minimum all of the responsibilities under
subdivision 2 and may address any other agreements between the school and the district.
Any powers or duties not delegated remain with the board.
new text end

new text begin Subd. 4. new text end

new text begin Revenue to self-governed school. new text end

new text begin (a) Revenue allocated to a school includes
all education revenue generated by students at the school from state, federal, local, and
private sources, including referendum revenue.
new text end

new text begin (b) The district may retain a reasonable administrative fee for managing federal programs,
private revenues, and general administrative functions including board, superintendent,
district legal counsel, finance, accountability and school contract oversight, facilities
maintenance, districtwide special education programs, unfunded special education costs,
and other services as agreed to by the school and the board. The administrative fee must be
specified in the contract.
new text end

new text begin (c) The district may provide services for the school, specify the fee for each service,
retain the revenues for the amount of services, and specify those services and amounts in
the contract between the school and the district. The formula or procedure for determining
the amount of revenue to be allocated to the school annually must be consistent with this
subdivision and incorporated into the school budget annually following a timeline and
process in the contract between the school and the district.
new text end

new text begin (d) All unspent revenue at a school carries over to the following year for the sole use of
the school.
new text end

new text begin Subd. 5. new text end

new text begin Exemption from statutes and rules. new text end

new text begin Except as outlined in this section, a school
established under this section is exempt from and subject to the same laws and rules as a
charter school under chapter 124E.
new text end

new text begin Subd. 6. new text end

new text begin Performance standards. new text end

new text begin (a) The contract between the school and the district
under subdivision 3 must address performance standards and expectations, including at least
the following:
new text end

new text begin (1) student achievement targets on multiple indicators, including either a growth model
or value-added growth model, and alternative measures of student achievement as agreed
upon;
new text end

new text begin (2) the criteria and process to be followed if it is determined that the school fails to
comply with district oversight and accountability requirements in the contract; and
new text end

new text begin (3) other performance provisions as agreed upon.
new text end

new text begin Subd. 7. new text end

new text begin Board termination of self-governed school authority. new text end

new text begin The board may terminate
the contract between the school and the district for one or more of the following reasons:
new text end

new text begin (1) failure of the school to comply with the terms of the contract;
new text end

new text begin (2) violations of law; or
new text end

new text begin (3) other good cause shown.
new text end

Sec. 7.

new text begin [123A.86] COUNTY-PARTNER DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin A district organized under a county-partner district plan may
contract with the county in which the district or any portion thereof is located, with another
third party that is a not-for-profit entity, or with another governmental unit as defined in
section 471.59, subdivision 1, to provide any noninstructional support functions or services
necessary to operate the district. The functions that may be contracted include but are not
limited to transportation, buildings and grounds, food service, social and health services for
students, child care, purchasing, or any other noninstructional functions of the district.
Except as otherwise provided in law, a district may not contract for or otherwise delegate
the responsibility for the development of educational curriculum or the delivery of
instructional service to students.
new text end

new text begin Subd. 2. new text end

new text begin Contract. new text end

new text begin The district must enter into a written contract defining the scope of
services to be provided to the district; the method by which the county, third party, or
governmental unit will be reimbursed for services; the length of the contract; the manner
in which legal liability will be allocated among the parties; who will procure liability
insurance related to the services; and any other terms or conditions typical for a contract
for services. The contract must be approved by the board of the district.
new text end

new text begin Subd. 3. new text end

new text begin Combined options. new text end

new text begin A district may combine a reorganization plan under this
section with another plan authorized under section 123A.80, subdivision 1, and any combined
options shall be submitted to the voters under section 123A.81, with the form of ballot to
be appropriately revised to reflect the combined options.
new text end

Sec. 8.

new text begin [123A.87] HOME RULE DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Home rule task force. new text end

new text begin The board may establish a home rule task force
to advise the board on the merits of establishing home rule governance of the district. The
composition and number of task force members must be determined by the board and must
include representatives of the board, teachers, administrative staff, parents, and community
members. The task force must report to the board concerning the merits of establishing the
district as a home rule district and, if requested by the board, must prepare a proposed home
rule charter for consideration by the board. The proposed home rule charter is subject to
revision and approval by the board. If approved, the home rule charter must be submitted
for voter approval as provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Home rule charter. new text end

new text begin A home rule charter may provide for any governance
structure for the district not inconsistent with the constitution, including the method by
which the board will be elected and the manner in which the district and its schools will be
administered. The home rule charter must comply with the minimum requirements of a
charter school under chapter 124E, and may include any additional provisions consistent
with this chapter and chapter 124E.
new text end

new text begin Subd. 3. new text end

new text begin Approval. new text end

new text begin A proposed home rule charter must first be approved by the board.
A board-approved home rule charter must be submitted to the voters for approval as provided
in section 123A.81. If approved by the voters, the district must be governed by the home
rule charter until the home rule charter is abandoned under section 123A.81, subdivision 4.
A copy of the approved home rule charter must be included in the filing made under section
123A.81, subdivision 5.
new text end