HF 1029

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 04:53pm

A bill for an act
relating to education; modifying charter school authorizer corrective action
requirements; amending Minnesota Statutes 2020, section 124E.05, subdivision
6.

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

Section 1.

Minnesota Statutes 2020, section 124E.05, subdivision 6, is amended to read:

Subd. 6.

Corrective action.

(a) If, consistent with this chapter, the commissioner finds
that an authorizer has not met the requirements of this chapter, the commissioner may subject
the authorizer to new text begin a new text end corrective action new text begin plan new text end , which may deleted text begin include terminating the contract with
the charter school board of directors of a school it chartered. deleted text end new text begin last no longer than 130 business
days. The commissioner may prohibit an authorizer on a corrective plan from accepting a
transfer application from a charter school and an application to establish a charter school.
new text end

new text begin (b) new text end The commissioner must notify the authorizer in writing deleted text begin of deleted text end new text begin that the authorizer has
been placed on a corrective plan. The notice must include new text end any findings that may subject the
authorizer to corrective action new text begin at the conclusion of the corrective plan new text end and the authorizer
then has 15 business days to request an informal hearing before the commissioner takes
corrective action. new text begin The commissioner must hold an informal hearing within 15 days of the
request. If the issues identified as the basis for the corrective action are not resolved at the
informal hearing, the authorizer must make the requested improvements and notify the
commissioner of the improvements within 45 business days. Within 20 business days, the
commissioner must review the changes and notify the authorizer of any remaining issues
to be resolved. An authorizer must address the remaining issues as directed by the
commissioner within 20 business days. Within 15 business days, the commissioner must
review the changes and notify the authorizer whether all issues in the corrective plan have
been resolved.
new text end

new text begin (c) new text end If the commissioner terminates deleted text begin a contract between an authorizer and a charter school
under this paragraph deleted text end new text begin the authorizer's ability to charter a school new text end , the commissioner deleted text begin may deleted text end new text begin must new text end
assist the new text begin affected new text end charter school in acquiring a new authorizer. new text begin A charter school board of
directors may submit to the commissioner a request to transfer to a new authorizer without
the approval or consent of the current authorizer if that authorizer has been under a corrective
action plan for more than 130 business days.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end The commissioner may at any time take corrective action against an authorizer,
including terminating an authorizer's ability to charter a school new text begin , terminating a contract with
a charter school, and other appropriate sanctions new text end for:

(1) failing to demonstrate the criteria under subdivision 3 under which the commissioner
approved the authorizer;

(2) violating a term of the chartering contract between the authorizer and the charter
school board of directors;

(3) unsatisfactory performance as an approved authorizer; deleted text begin or
deleted text end

(4) any good cause shown that gives the commissioner a legally sufficient reason to take
corrective action against an authorizer deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) failing to meet the terms of a corrective action plan by the specified deadline.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end