HF 803

as introduced - 87th Legislature (2011 - 2012) Posted on 04/02/2012 01:55pm

A bill for an act
relating to education; creating the MNovate commission; proposing coding for
new law in Minnesota Statutes, chapter 127A.

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

Section 1.

[127A.90] MNOVATE COMMISSION.

Subdivision 1.

Creation.

A commission called MNovate is established to assist the
governor, the legislature, the commissioner of education, and learning communities of
Minnesota. The mission of the commission is to provide leadership for the creation of
new and innovative models of public schools and schooling resulting in:

(1) models of learning designed around individual needs and aspirations;

(2) evaluations of new ways of learning;

(3) new professional opportunities for teachers; and

(4) improved efficiency of the public early childhood through grade 12 education
system.

Subd. 2.

Membership.

(a) For the initial appointments, the terms of the board
members of the commission shall be one year for one third of the members, two years for
one third of the members, and three years for one third of the members. Thereafter, the
members shall serve three-year terms. Members may be reappointed upon the completion
of their current term for one additional term. The compensation, filling of vacancies, and
removal of members are governed by section 15.0575. The commission may accept gifts
and contributions from public and private organizations.

(b) The commission shall consist of 12 voting members. The commissioner of
education shall be an ongoing voting member and shall serve as chair for the first year,
after which time the chair will be selected by the members.

(c) The governor, speaker of the house of representatives, and majority leader of the
senate shall each appoint four voting members. At the initial meeting of the commission,
the length of the terms would be allocated by a lottery method. The commissioner of
education shall be one of the governor's appointees and shall serve a three-year term. One
commission member may be a state representative and one may be a state senator.

(d) The commission should periodically request testimony and advice from
educators, students, families, education organizations, higher education, the business
community, and other parties to gain their input with respect to learning models. Also,
persons with expertise in new models of teaching and learning, finance, technology
evaluation models, and other areas to be determined by the commission shall also be
requested to provide testimony and advice.

(e) Commission appointees should have expertise or experience that demonstrates
support for the risks and rewards of innovative efforts. The commission, to the extent
practicable, should reflect geographic and ethnic representation.

(f) Following the initial appointments as provided for in this subdivision, the
commission board will appoint its own members who shall serve only if confirmed by the
senate. Commission members, with the exception of the commissioner of education, may
serve a maximum of two consecutive terms.

Subd. 3.

Duties.

The commission shall:

(1) provide outreach to educators, community groups, and others to help stimulate
interest and develop proposals for new and fundamentally different schools;

(2) conduct research and identify high-priority unmet student learning needs in all
parts of the state, as well as districts facing severe fiscal stress where new learning models
or organizational models could help make districts and schools more fiscally sustainable.
Unmet needs to be researched and interim recommendations to be made by December
31, 2012, include:

(i) improving student readiness for kindergarten and academic proficiency by the
end of third grade;

(ii) high school models resulting in students completing one or more years of
postsecondary credit;

(iii) administrative models for serving students in sparsely populated areas;

(iv) administrative, learning, or organizational models for districts facing severe
fiscal stress;

(v) models that use technology, including low or no-cost technology, as a significant
way to improve learning and efficiency; and

(vi) models that focus on student engagement in their learning with an enhanced
level of connection between the teachers and students, including project-based models;

(3) identify laws and rules that restrict the development of learning models and
constrain innovation;

(4) disseminate information about new school creation to audiences throughout
the state;

(5) create opportunities for current district schools, site-governed district schools,
charter schools, contract alternative schools, and others to learn of new models, exchange
ideas, improve efficiency, improve accountability, and enhance innovation in public
education;

(6) research and develop new models of evaluation to support learning, efficiency,
and accountability;

(7) facilitate and coordinate quality assistance as well as nongovernmental support
that is available to assist districts and other new school developers to create proposals
for high-quality new models of schools and schooling and to effectively implement
these new models;

(8) as provided in section 124D.10, develop the application process and conduct
the reviews of applications of organizations requesting approval to be sponsors of charter
schools and make recommendations to the commissioner of education regarding approval,
renewal, and removal of sponsoring authority;

(9) administer the federal charter school start-up grant funding awarded to the state;

(10) disseminate information to the public regarding ways for students to access
learning such as through the postsecondary enrollment options law provided for in
section 124D.09, by utilizing online learning, through options for learning in Minnesota
communities, as well as through other pathways; and

(11) actively seek out funding from private sources, federal grants, and other sources
to fund the work of the commission. The commissioner shall enter into an agreement with
the commission to provide the federal charter school funding to enable the commission to
meet the requirements of clauses (8) and (9).

Subd. 4.

Report.

The commission shall report to the governor, the policy and
finance committees of the legislature with primary jurisdiction over prekindergarten
and kindergarten through grade 12 education, and the commissioner of education
annually regarding the results of its work and make recommendations regarding ongoing
development of new models of schools.

Subd. 5.

Delegation to nonprofit.

The commission shall create a private nonprofit
corporation and apply for tax exempt status under section 501(c)(3) of the federal Internal
Revenue Code of 1986. The members appointed in subdivision 2 shall serve as the
corporation's board of directors. The private nonprofit corporation is not subject to laws
governing state agencies or political subdivisions, except that the provisions of chapter
13, the Open Meeting Law under chapter 13D, salary limits under section 15A.0815,
subdivision 2, and audits by the legislative auditor under chapter 3 apply. The board of
directors and the executive director of the nonprofit corporation are each considered an
official for purposes of section 10A.071. The commission may delegate any or all of its
powers and duties under state and federal law to the private nonprofit corporation. The
commission may revoke a delegation of powers and duties at any time.