HF 1351

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; modifying charter school 
  1.3             requirements; amending Minnesota Statutes 2002, 
  1.4             sections 124D.10, subdivision 8; 124D.11, subdivision 
  1.5             7. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 124D.10, 
  1.8   subdivision 8, is amended to read: 
  1.9      Subd. 8.  [STATE AND LOCAL REQUIREMENTS.] (a) A charter 
  1.10  school shall meet all applicable state and local health and 
  1.11  safety requirements. 
  1.12     (b) A school sponsored by a school board may be located in 
  1.13  any district, unless the school board of the district of the 
  1.14  proposed location disapproves by written resolution.  
  1.15     (c) A charter school must be nonsectarian in its programs, 
  1.16  admission policies, employment practices, and all other 
  1.17  operations.  A sponsor may not authorize a charter school or 
  1.18  program that is affiliated with a nonpublic sectarian school or 
  1.19  a religious institution. 
  1.20     (d) Charter schools must not be used as a method of 
  1.21  providing education or generating revenue for students who are 
  1.22  being home-schooled. 
  1.23     (e) The primary focus of a charter school must be to 
  1.24  provide a comprehensive program of instruction for at least one 
  1.25  grade or age group from five through 18 years of age.  
  2.1   Instruction may be provided to people younger than five years 
  2.2   and older than 18 years of age. 
  2.3      (f) A charter school may not charge tuition. 
  2.4      (g) A charter school is subject to and must comply with 
  2.5   chapter 363 and section 121A.04. 
  2.6      (h) A charter school is subject to and must comply with the 
  2.7   Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 
  2.8   Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 
  2.9      (i) A charter school is subject to the same financial 
  2.10  audits, audit procedures, and audit requirements as a district.  
  2.11  Audits must be conducted in compliance with generally accepted 
  2.12  governmental auditing standards, the Federal Single Audit Act, 
  2.13  if applicable, and section 6.65.  A charter school is subject to 
  2.14  and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 
  2.15  118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 
  2.16  471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 
  2.17  4, 5, 6, 12, 13, and 15; 471.881; and 471.89.  The audit must 
  2.18  comply with the requirements of sections 123B.75 to 123B.83, 
  2.19  except to the extent deviations are necessary because of the 
  2.20  program at the school.  Deviations must be approved by the 
  2.21  commissioner.  The department of children, families, and 
  2.22  learning, state auditor, or legislative auditor may conduct 
  2.23  financial, program, or compliance audits.  A charter school 
  2.24  determined to be in statutory operating debt under sections 
  2.25  123B.81 to 123B.83 must submit a plan under section 123B.81, 
  2.26  subdivision 4. 
  2.27     (j) A charter school is a district for the purposes of tort 
  2.28  liability under chapter 466. 
  2.29     (k) A charter school must comply with sections 13.32; 
  2.30  120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 
  2.31  and 5.  
  2.32     [EFFECTIVE DATE.] This section is effective the day 
  2.33  following final enactment. 
  2.34     Sec. 2.  Minnesota Statutes 2002, section 124D.11, 
  2.35  subdivision 7, is amended to read: 
  2.36     Subd. 7.  [USE OF STATE MONEY.] Money received from the 
  3.1   state may not be used to purchase land or buildings.  The school 
  3.2   may own land and buildings if obtained through nonstate 
  3.3   sources.  A charter school is prohibited from forming a private 
  3.4   nonprofit nonsectarian organization or a for-profit organization 
  3.5   or corporation for the purposes of owning a school, 
  3.6   administration, or recreational facility or owning land where a 
  3.7   school, administration, or recreational facility is built or may 
  3.8   be built in the future for use by the charter school. 
  3.9      [EFFECTIVE DATE.] This section is effective the day 
  3.10  following final enactment.