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Minnesota Legislature

Office of the Revisor of Statutes

HF 751

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:41am

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

Bill Text Versions

Engrossments
Introduction Posted on 02/11/2009
1st Engrossment Posted on 03/25/2009

Current Version - 1st Engrossment

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A bill for an act
relating to education; authorizing school districts to create site-governed schools;
proposing coding for new law in Minnesota Statutes, chapter 123B.

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

Section 1.

new text begin [123B.045] DISTRICT-CREATED SITE-GOVERNED SCHOOLS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin (a) A school board may approve site-governed schools
under this section by requesting site-governing school proposals. The request for
proposals must include what types of schools or education innovations the board intends
to create. A group of licensed district professionals from one or multiple district sites may
submit a proposal to start a site-governed school. The group submitting the proposal
must include parents or other community members in the development of the proposal.
A proposal may request approval for a model of a school not included in the request
for proposal of the board.
new text end

new text begin (b) The school board and the applicable bargaining unit representing district
employees must enter into memoranda of understanding specifying how applicable
sections of current contracts will enable the provisions of subdivision 2, clause (7), to be
implemented.
new text end

new text begin (c) Within 60 days of receipt of the application, the school board shall determine
whether to approve, deny, or return the application to the applicants for further information
or development.
new text end

new text begin (d) Upon approval of the proposal, an agreement between the district and the site
council shall be developed identifying the powers and duties delegated to the site and
outlining the details of the proposal including the provisions of subdivisions 2, 3, and
5. Any powers or duties not specifically delegated to the school site in the agreement
remains with the school board.
new text end

new text begin Subd. 2. new text end

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

new text begin Site-governed
schools approved by the school board have the following autonomy and responsibilities at
the discretion of the site:
new text end

new text begin (1) to create the site-governing council of the school. The council shall include
teachers, administrators, parents, students if appropriate, community members, and other
representatives of the community as determined by the site-governing council. Teachers
may comprise a majority of the site-governing council at the option of a majority of
the teachers at the site. The number of members on the site-governing council and the
composition shall be included in the proposal approved by the school board;
new text end

new text begin (2) to determine the leadership model for the site including: selecting a principal,
operating as a teacher professional practices model with school leadership functions
performed by one or more teachers or administrators at the school or other model
determined by the site;
new text end

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

new text begin (4) to determine the learning model and organization of the school consistent with
the application approved by the school board;
new text end

new text begin (5) to select and develop its curriculum and determine formative and summative
assessment practices;
new text end

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

new text begin (7) to select teachers and other staff consistent with current law and collective
bargaining agreements and memoranda of understanding provided for in subdivision 1,
paragraph (b). At least 70 percent of the teachers must be selected by the site prior to final
approval of the agreement. Prior to requesting the district to employ staff not currently
employed by the district, the site must first select from current district staff including those
on requested and unrequested leave as provided for in sections 122A.40 and 122A.41. The
school board shall be the legal employer of all staff at the site and all teachers and other
staff members of the applicable bargaining units. Teachers and other employees may be
required to sign an individual work agreement with the site-governing council committing
themselves to the mission and learning program of the school and the requirements of
the site-governing council; and
new text end

new text begin (8) to fulfill other provisions as agreed to by the district and site-governing council.
new text end

new text begin Subd. 3. new text end

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

new text begin (a) The revenue that shall be allocated
by the site includes the general education revenue generated by the students at the site
from state, local, and private sources, operating levy revenue, federal revenue from the
Elementary and Secondary Education Act, Individuals with Disabilities Education Act,
Carl Perkins Act, and other federal programs as agreed to by the school board and site
council.
new text end

new text begin (b) The district may retain an administrative fee for managing the federal
programs, private revenues, and general administrative functions including school board,
superintendent, district legal counsel, finance, accountability and self-governed school
contract oversight, facilities maintenance, districtwide special education programs, and
other such services as agreed to by the site and school board. The administrative fee
shall be included in the agreement.
new text end

new text begin (c) As part of the agreement, the district may provide specific services for the site
and may specify the amount to be paid for each service and retain the revenues for that
amount. The formula or procedures for determining the amount of revenue to be allocated
to the site each year shall be consistent with this subdivision and incorporated in the site
budget annually following a timeline and process that is included in the agreement with
the school board. The site it responsible for allocating revenue for all staff at the site and
for the other provisions of the agreement with the district board.
new text end

new text begin (d) All unspent revenue shall be carried over to following years for the sole use
of the site.
new text end

new text begin Subd. 4. new text end

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

new text begin Except as outlined in this section,
site-governed schools established under this section are exempt from and subject to the
same laws and rules as are chartered schools under section 124D.10.
new text end

new text begin Subd. 5. new text end

new text begin Performance standards. new text end

new text begin (a) The school board and the site council shall
include in the agreement performance standards and expectations that shall include 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;
new text end

new text begin (2) the criteria and process to be followed if it is determined that the site failed
to comply with district oversight and accountability requirements as outlined in the
agreement; and
new text end

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

new text begin (b) All agreements shall be filed with the commissioner. The initial agreement shall
be for up to three years, shall be reviewed annually, and may be renewed by the district
board for additional five-year terms based on the performance of the school.
new text end

new text begin Subd. 6. new text end

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

new text begin (a) The district
board may terminate the agreement for one or more of the following reasons:
new text end

new text begin (1) failure of the site to meet the provisions specified in the agreement in subdivision
5;
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

new text begin (b) Site-governed schools that are terminated or not renewed for reasons other than
cause may request to convert to charter school status as provided for in section 124D.10
and, if chartered by the board, shall become the owner of all materials, supplies, and
equipment purchased during the period the school was a site-governed school.
new text end