Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 1945

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

Bill Text Versions

Engrossments
Introduction Posted on 03/17/2005

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10
1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36
4.1
4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35
4.36
5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17
5.18
5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7
7.8
7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16

A bill for an act
relating to education; clarifying the duty of a
charter school sponsor to monitor and evaluate the
fiscal and student performance of the charter school;
allowing the parties to a charter school contract to
voluntarily terminate the contract; directing a study
on evaluating charter schools and assessing fees;
amending Minnesota Statutes 2004, section 124D.10,
subdivisions 4, 6, 15, 23.

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

Section 1.

Minnesota Statutes 2004, section 124D.10,
subdivision 4, is amended to read:


Subd. 4.

Formation of school.

(a) A sponsor may
authorize one or more licensed teachers under section 122A.18,
subdivision 1, to operate a charter school subject to approval
by the commissioner. A board must vote on charter school
application for sponsorship no later than 90 days after
receiving the application. After 90 days, the applicant may
apply to the commissioner. If a board elects not to sponsor a
charter school, the applicant may appeal the board's decision to
the commissioner. The commissioner may elect to sponsor the
charter school or assist the applicant in finding an eligible
sponsor. The school must be organized and operated as a
cooperative under chapter 308A or nonprofit corporation under
chapter 317A and the provisions under the applicable chapter
shall apply to the school except as provided in this section.
Notwithstanding sections 465.717 and 465.719, a school district
may create a corporation for the purpose of creating a charter
school.

(b) Before the operators may form and operate a school, the
sponsor must file an affidavit with the commissioner stating its
intent to authorize a charter school. The affidavit must state
the terms and conditions under which the sponsor would authorize
a charter school new text begin and how the sponsor intends to oversee the
fiscal and student performance of the charter school and to
comply with the terms of the written contract between the
sponsor and the charter school board of directors under
subdivision 6
new text end . The commissioner must approve or disapprove the
sponsor's proposed authorization within 60 days of receipt of
the affidavit. Failure to obtain commissioner approval
precludes a sponsor from authorizing the charter school that was
the subject of the affidavit.

(c) The operators authorized to organize and operate a
school, before entering into a contract or other agreement for
professional or other services, goods, or facilities, must
incorporate as a cooperative under chapter 308A or as a
nonprofit corporation under chapter 317A and must establish a
board of directors composed of at least five members until a
timely election for members of the charter school board of
directors is held according to the school's articles and
bylaws. A charter school board of directors must be composed of
at least five members. Any staff members who are employed at
the school, including teachers providing instruction under a
contract with a cooperative, and all parents of children
enrolled in the school may participate in the election for
members of the school's board of directors. Licensed teachers
employed at the school, including teachers providing instruction
under a contract with a cooperative, must be a majority of the
members of the board of directors before the school completes
its third year of operation, unless the commissioner waives the
requirement for a majority of licensed teachers on the board.
Board of director meetings must comply with chapter 13D.

(d) The granting or renewal of a charter by a sponsoring
entity must not be conditioned upon the bargaining unit status
of the employees of the school.

(e) A sponsor may authorize the operators of a charter
school to expand the operation of the charter school to
additional sites or to add additional grades at the school
beyond those described in the sponsor's application as approved
by the commissioner only after submitting a supplemental
application to the commissioner in a form and manner prescribed
by the commissioner. The supplemental application must provide
evidence that:

(1) the expansion of the charter school is supported by
need and projected enrollment;

(2) the charter school is fiscally sound;

(3) the sponsor supports the expansion; and

(4) the building of the additional site meets all health
and safety requirements to be eligible for lease aid.

(f) The commissioner annually must provide timely financial
management training to newly elected members of a charter school
board of directors and ongoing training to other members of a
charter school board of directors. Training must address ways
to:

(1) proactively assess opportunities for a charter school
to maximize all available revenue sources;

(2) establish and maintain complete, auditable records for
the charter school;

(3) establish proper filing techniques;

(4) document formal actions of the charter school,
including meetings of the charter school board of directors;

(5) properly manage and retain charter school and student
records;

(6) comply with state and federal payroll record-keeping
requirements; and

(7) address other similar factors that facilitate
establishing and maintaining complete records on the charter
school's operations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2004, section 124D.10,
subdivision 6, is amended to read:


Subd. 6.

Contract.

The sponsor's authorization for a
charter school must be in the form of a written contract signed
by the sponsor and the board of directors of the charter
school. The contract must be completed within 90 days of the
commissioner's approval of the sponsor's proposed authorization.
The contract for a charter school must be in writing and contain
at least the following:

(1) a description of a program that carries out one or more
of the purposes in subdivision 1;

(2) specific outcomes pupils are to achieve under
subdivision 10;

(3) admission policies and procedures;

(4) management and administration of the school;

(5) requirements and procedures for program and financial
audits;

(6) how the school will comply with subdivisions 8, 13, 16,
and 23;

(7) assumption of liability by the charter school;

(8) types and amounts of insurance coverage to be obtained
by the charter school;

(9) the term of the contract, which may be up to three
years; deleted text begin and
deleted text end

(10) if the board of directors or the operators of the
charter school provide special instruction and services for
children with a disability under sections 125A.03 to 125A.24,
and 125A.65, a description of the financial parameters within
which the charter school will operate to provide the special
instruction and services to children with a disabilitynew text begin ; and
new text end

new text begin (11) the process and criteria the sponsor intends to use to
monitor and evaluate the fiscal and student performance of the
charter school, consistent with subdivision 15
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2004, section 124D.10,
subdivision 15, is amended to read:


Subd. 15.

Review and comment.

new text begin (a) new text end The department must
review and comment on the evaluation, by the sponsor, of the
performance of a charter school before the charter school's
contract is renewed new text begin for another contract term. The sponsor must
submit to the commissioner timely information for the review and
comment
new text end .

new text begin (b) new text end A sponsor shall monitor and evaluate the fiscal and
student performance of the school, and may for this purpose
annually assess a charter school: (1) in its first, second, or
third year of operation up to $30 per student up to a maximum of
$10,000; and (2) in its fourth or a subsequent year of operation
up to $10 per student up to a maximum of $3,500. deleted text begin The
information for the review and comment shall be reported by the
sponsor to the commissioner of education in a timely manner.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end

Sec. 4.

Minnesota Statutes 2004, section 124D.10,
subdivision 23, is amended to read:


Subd. 23.

Causes for nonrenewal or termination of charter
school contract.

(a) The duration of the contract with a
sponsor must be for the term contained in the contract according
to subdivision 6. The sponsor may or may not renew a contract
at the end of the term for any ground listed in paragraph (b).
A sponsor may unilaterally terminate a contract during the term
of the contract for any ground listed in paragraph (b). At
least 60 days before not renewing or terminating a contract, the
sponsor shall notify the board of directors of the charter
school of the proposed action in writing. The notice shall
state the grounds for the proposed action in reasonable detail
and that the charter school's board of directors may request in
writing an informal hearing before the sponsor within 14 days of
receiving notice of nonrenewal or termination of the contract.
Failure by the board of directors to make a written request for
a hearing within the 14-day period shall be treated as
acquiescence to the proposed action. Upon receiving a timely
written request for a hearing, the sponsor shall give reasonable
notice to the charter school's board of directors of the hearing
date. The sponsor shall conduct an informal hearing before
taking final action. The sponsor shall take final action to
renew or not renew a contract by the last day of classes in the
school year. If the sponsor is a local board, the school's
board of directors may appeal the sponsor's decision to the
commissioner.

(b) A contract may be terminated or not renewed upon any of
the following grounds:

(1) failure to meet the requirements for pupil performance
contained in the contract;

(2) failure to meet generally accepted standards of fiscal
management;

(3) violations of law; or

(4) other good cause shown.

If a contract is terminated or not renewed new text begin under this
paragraph
new text end , the school must be dissolved according to the
applicable provisions of chapter 308A or 317A, except when the
commissioner approves the decision of a different eligible
sponsor to authorize the charter school.

(c) new text begin If at the end of a contract term, either the sponsor or
the charter school board of directors wants to terminate the
contract, a change in sponsors is allowed if the commissioner
approves the decision of a different eligible sponsor to
authorize the charter school. The party intending to terminate
the contract must notify the other party and the commissioner of
its intent at least 90 days before the date on which the
contract ends. The sponsor that is a party to the existing
contract at least must inform the approved different eligible
sponsor about the fiscal and student performance of the school.
If no different eligible sponsor is approved, the school must be
dissolved according to applicable law and the terms of the
contract.
new text end

new text begin (d) new text end The commissioner, after providing reasonable notice to
the board of directors of a charter school and the existing
sponsor, and after providing an opportunity for a public
hearing, may terminate the existing sponsorial relationship if
the charter school has a history of:

(1) financial mismanagement; or

(2) repeated violations of the law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end

Sec. 5. new text begin STUDY; SPONSOR EVALUATION AND CHARGES.
new text end

new text begin The Department of Education by December 31, 2005, after
consulting with representatives of charter schools and charter
school sponsors, must submit to the legislature recommendations
on how a charter school sponsor effectively evaluates the
performance of a charter school under Minnesota Statutes,
section 124D.10, subdivision 15, and what annual fees a sponsor
may charge for that evaluation.
new text end