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HF 60

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

Bill Text Versions

Engrossments
Introduction Posted on 01/10/2005

Current Version - as introduced

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A bill for an act
relating to education; eliminating the commissioner of
education as an eligible charter school sponsor;
amending Minnesota Statutes 2004, section 124D.10,
subdivision 4.

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

Section 1.

Minnesota Statutes 2004, section 124D.10,
subdivision 4, is amended to read:


Subd. 4.

Formation of school.

(a) A sponsor may
authorize one or more licensed teachers under section 122A.18,
subdivision 1, to operate a charter school subject to approval
by the commissioner. A board must vote on charter school
application for sponsorship no later than 90 days after
receiving the application. After 90 days, the applicant may
apply to the commissioner. If a board elects not to sponsor a
charter school, the applicant may appeal the board's decision to
the commissionerdeleted text begin . The commissioner deleted text end new text begin , who new text end may elect to deleted text begin sponsor
the charter school or
deleted text end assist the applicant in finding an
eligible sponsor. The school must be organized and operated as
a cooperative under chapter 308A or nonprofit corporation under
chapter 317A and the provisions under the applicable chapter
shall apply to the school except as provided in this section.
Notwithstanding sections 465.717 and 465.719, a school district
may create a corporation for the purpose of creating a charter
school.

(b) Before the operators may form and operate a school, the
sponsor must file an affidavit with the commissioner stating its
intent to authorize a charter school. The affidavit must state
the terms and conditions under which the sponsor would authorize
a charter school. The commissioner must approve or disapprove
the sponsor's proposed authorization within 60 days of receipt
of the affidavit. Failure to obtain commissioner approval
precludes a sponsor from authorizing the charter school that was
the subject of the affidavit.

(c) The operators authorized to organize and operate a
school, before entering into a contract or other agreement for
professional or other services, goods, or facilities, must
incorporate as a cooperative under chapter 308A or as a
nonprofit corporation under chapter 317A and must establish a
board of directors composed of at least five members until a
timely election for members of the charter school board of
directors is held according to the school's articles and
bylaws. A charter school board of directors must be composed of
at least five members. Any staff members who are employed at
the school, including teachers providing instruction under a
contract with a cooperative, and all parents of children
enrolled in the school may participate in the election for
members of the school's board of directors. Licensed teachers
employed at the school, including teachers providing instruction
under a contract with a cooperative, must be a majority of the
members of the board of directors before the school completes
its third year of operation, unless the commissioner waives the
requirement for a majority of licensed teachers on the board.
Board of director meetings must comply with chapter 13D.

(d) The granting or renewal of a charter by a sponsoring
entity must not be conditioned upon the bargaining unit status
of the employees of the school.

(e) A sponsor may authorize the operators of a charter
school to expand the operation of the charter school to
additional sites or to add additional grades at the school
beyond those described in the sponsor's application as approved
by the commissioner only after submitting a supplemental
application to the commissioner in a form and manner prescribed
by the commissioner. The supplemental application must provide
evidence that:

(1) the expansion of the charter school is supported by
need and projected enrollment;

(2) the charter school is fiscally sound;

(3) the sponsor supports the expansion; and

(4) the building of the additional site meets all health
and safety requirements to be eligible for lease aid.

(f) The commissioner annually must provide timely financial
management training to newly elected members of a charter school
board of directors and ongoing training to other members of a
charter school board of directors. Training must address ways
to:

(1) proactively assess opportunities for a charter school
to maximize all available revenue sources;

(2) establish and maintain complete, auditable records for
the charter school;

(3) establish proper filing techniques;

(4) document formal actions of the charter school,
including meetings of the charter school board of directors;

(5) properly manage and retain charter school and student
records;

(6) comply with state and federal payroll record-keeping
requirements; and

(7) address other similar factors that facilitate
establishing and maintaining complete records on the charter
school's operations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1,
2007, and applies to all new charter school contracts and
sponsorship agreements entered into on or after that date.
new text end