HF 452

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing an additional method 
  1.3             for school districts to form and sponsor a charter 
  1.4             school; amending Minnesota Statutes 2002, section 
  1.5             124D.10, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 124D.10, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 3a.  [FORMATION OF SCHOOL BY SCHOOL BOARD.] (a) This 
  1.10  subdivision is intended to provide a method for school districts 
  1.11  to create schools that serve to implement the school board's 
  1.12  strategic plan for public education in the district. 
  1.13     (b) In addition to subdivision 4, paragraph (a), a school 
  1.14  board or one or more licensed teachers working in cooperation 
  1.15  with the school board may initiate a proposal to operate a 
  1.16  charter school.  A charter school formed under this subdivision 
  1.17  does not require commissioner approval before the school may 
  1.18  operate. 
  1.19     (c) A charter school formed under this subdivision is 
  1.20  subject to the provisions of this section and section 124D.11 
  1.21  unless specifically exempted. 
  1.22     (d) Notwithstanding the board of directors selection 
  1.23  requirements in subdivision 4, paragraph (c), up to two members 
  1.24  of the charter school board of directors must be selected by the 
  1.25  sponsoring school board.  
  2.1      (e) A charter school formed under this subdivision must 
  2.2   submit its budget to the sponsoring school board for review and 
  2.3   comment by school district officials.  The charter school must 
  2.4   submit its learning program to the sponsoring school board for 
  2.5   review and comment before implementation or making significant 
  2.6   changes.  Immunity provisions of subdivision 25 shall be 
  2.7   applicable to these review and comment activities.  
  2.8      (f) The sponsoring school district must provide facilities 
  2.9   for the charter school formed under this subdivision.  The 
  2.10  charter school must pay the school district for the operating 
  2.11  costs of the facility.  If the school district does not have 
  2.12  space for the charter school, the school may apply to the 
  2.13  commissioner for building lease aid under section 124D.11, 
  2.14  subdivision 4. 
  2.15     (g) The teacher selection process must be established in 
  2.16  the charter school's bylaws.  Teachers may be selected: 
  2.17     (1) by acquiring teaching services from a teachers 
  2.18  cooperative or similar professional practice organization; 
  2.19     (2) from existing teachers in the sponsoring school 
  2.20  district who are covered by the contract with the district and 
  2.21  as a result, retain their contract rights in the district; or 
  2.22     (3) from outside the district. 
  2.23     If teachers are selected according to clause (2) or (3), 
  2.24  the personnel selection, evaluation, and termination are the 
  2.25  responsibility of the charter school.  If teachers are selected 
  2.26  according to clause (1), the personnel selection, evaluation, 
  2.27  and termination are the responsibility of the professional 
  2.28  practice organization. 
  2.29     (h) The nonrenewal or termination of a charter school 
  2.30  contract formed under this section must follow the requirements 
  2.31  of subdivision 23.  However, if a hearing is requested according 
  2.32  to the requirements of subdivision 23, the sponsoring school 
  2.33  board must provide notice to the public and allow for public 
  2.34  input at the hearing before a vote on nonrenewal or termination 
  2.35  by the school board.