HF 832

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing for a school site
governance program; appropriating money; 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.042] SCHOOL SITE GOVERNANCE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A school site governance
program is established to provide schools with more authority
and flexibility to teach and provide services to students at the
school site.
new text end

new text begin Subd. 2. new text end

new text begin Site decision-making team. new text end

new text begin (a) To participate
in the program, a school must form a site decision-making team
that includes a school principal or other persons having general
control and supervision of the school, at least one teacher in
the school, one noninstructional staff person in the school, and
at least one parent of a student enrolled in the school or other
community member. By October 1 of the school year before
participating in the program, the school site decision-making
team must:
new text end

new text begin (1) be approved by a 60 percent vote of employees in the
school;
new text end

new text begin (2) adopt a policy describing how it will delegate
authority and responsibilities among its members; and
new text end

new text begin (3) notify the school board of its intent to participate in
the program.
new text end

new text begin (b) After notifying the school board under paragraph (a),
clause (3), the school site decision-making team shall publish a
notice in a newspaper of general circulation in the district of
its intent to participate in the program and the date it will
hold a public hearing about its intended participation. In
addition to holding the public hearing, the decision-making
team, for a period of 30 days, must also solicit parent and
community input regarding its intended participation.
new text end

new text begin (c) By January 15, the decision-making team shall
demonstrate to the school board how the team's plan responds to
public comment.
new text end

new text begin Subd. 3. new text end

new text begin Responsibilities; revenue. new text end

new text begin (a) A school site
decision-making team participating in this program:
new text end

new text begin (1) has the control and responsibilities of the school
board, including such responsibilities as instructional
practices, personnel selection from within the district, and
staffing assignments for the school; and
new text end

new text begin (2) retains control of the revenue and determines its use
as necessary to operate the school for the school years it
participates in the program under this section.
new text end

new text begin (b) By January 15 of the school year before participating
in the program, the school site decision-making team must enter
into a written agreement with the local school board describing
the control and responsibilities of the decision-making team and
of the school board. Revenue for a fiscal year received or
receivable by the district and that the district would expend
for the particular school site participating in the program is
allocated to that school site. All other district revenue not
reserved for other purposes must be proportionately allocated to
the site based on the site's pupil count. The agreement must
include provisions describing how the decision-making team and
school board will resolve disputes over assigned authority and
responsibilities. The school board members must vote whether to
authorize the agreement under this paragraph according to
section 123B.09, subdivision 6. The decision of the school
board is final. If the school board does not authorize the
agreement, the school board must publish its decision and
reasons in a newspaper of general circulation in the district.
new text end

new text begin (c) The district must maintain an account for each school
site participating in the program.
new text end

new text begin (d) The school site decision-making team must comply with
section 13D.04, subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Employees. new text end

new text begin The employees of the school site
remain employees of the school district for salary, benefits,
seniority, retirement, and other personnel issues, consistent
with current law and the collective bargaining agreement in
effect, the school site decision-making team selects employees
from within the district into licensed and nonlicensed positions
at the school site, including the position of principal or other
person having general control and supervision of the school.
When negotiating a new contract under chapter 179A, an exclusive
representative and school board must provide for the employees
of a school site participating in the program under this section.
new text end

new text begin Subd. 5. new text end

new text begin Performance agreements. new text end

new text begin By March 15 of the
school year before participating in the program, the school site
decision-making team shall enter into a performance agreement
with the school board. The agreement shall include:
new text end

new text begin (1) the previous year's baseline information at the site
regarding student achievement based on:
new text end

new text begin (i) aggregated and disaggregated statewide testing data;
new text end

new text begin (ii) other nationally normed standardized tests;
new text end

new text begin (iii) student attendance; and
new text end

new text begin (iv) dropout rates and graduation rates, where applicable;
new text end

new text begin (2) the expected levels of improvement in selected areas of
student performance during the next year;
new text end

new text begin (3) how student performance will be measured, including
assessment procedures required by law and rule;
new text end

new text begin (4) status of the school's revenues and expenditures;
new text end

new text begin (5) other performance expectations and measures agreed upon
by the school site and school board;
new text end

new text begin (6) the frequency of reporting by the school site to the
school board; and
new text end

new text begin (7) how the performance results will be made available to
parents and the public.
new text end

new text begin The term of an agreement shall be for no more than two
years.
new text end

new text begin The performance agreement must include provisions
describing how the school board and school site decision-making
team will resolve disputes over the school's compliance with
provisions of the agreement.
new text end

new text begin If the school site decision-making team and school board
cannot agree on the provisions of a performance agreement as
required under this subdivision, either party may request
assistance from the commissioner of education. The commissioner
shall provide assistance to the parties to ensure they reach an
agreement.
new text end

new text begin Subd. 6. new text end

new text begin Termination of site-based program authority. new text end

new text begin If
a school site fails to meet the agreed upon expectations as
specified in the performance agreement with the school board for
two consecutive school years, its authority to participate in
the program is terminated.
new text end

new text begin School sites that have had their authority to participate
in this program terminated under this subdivision may not
participate in this program for three years after termination.
new text end

new text begin Subd. 7. new text end

new text begin Reports. new text end

new text begin A school site decision-making team
shall, and its respective school board may, make an annual
report to the commissioner of education by September 1. The
reports shall be consistent with the requirements of section
120B.11, subdivision 5, paragraph (a).
new text end

new text begin Subd. 8. new text end [COMMISSIONER'S DUTY.] new text begin The commissioner of
education shall evaluate the effectiveness of the program by
January 1, 2010.
new text end

Sec. 2. new text begin SCHOOL SITE GOVERNANCE PROGRAM GRANTS;
APPROPRIATION.
new text end

new text begin The sums indicated in this section are appropriated from
the general fund for the fiscal years designated to the
commissioner of education for grants to schools that have
entered into an agreement with their school boards for
participation in the school site governance program under
Minnesota Statutes, section 123B.042:
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2007
new text end

new text begin These appropriations must be used for the planning and
implementation of school site governance. The commissioner
shall establish the form and manner of school site application
for a grant.
new text end