1.1                          A bill for an act
  1.2             relating to education; clarifying contractual 
  1.3             arrangements that charter schools make for teaching 
  1.4             and administrative services; creating an exemption for 
  1.5             existing contractual arrangements; amending Minnesota 
  1.6             Statutes 1996, section 120.064, subdivision 11. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 120.064, 
  1.9   subdivision 11, is amended to read: 
  1.10     Subd. 11.  [EMPLOYMENT AND OTHER OPERATING MATTERS.] (a) A 
  1.11  charter school shall employ or contract with necessary teachers, 
  1.12  as defined by section 125.03, subdivision 1, who hold valid 
  1.13  licenses to perform the particular service for which they are 
  1.14  employed in the school.  The school may employ necessary 
  1.15  employees who are not required to hold teaching licenses to 
  1.16  perform duties other than teaching and may contract for other 
  1.17  services.  The school may discharge teachers and nonlicensed 
  1.18  employees. 
  1.19     (b) A charter school may enter into a contract for teaching 
  1.20  or administrative services related to instruction only with: 
  1.21     (1) an individual teacher for the teaching services of that 
  1.22  teacher; 
  1.23     (2) an individual administrator for the administrative 
  1.24  services of that administrator; or 
  1.25     (3) a nonprofit entity not controlled by or under common 
  1.26  control with a related organization as defined in section 
  2.1   317A.011, subdivision 18, that is other than a nonprofit 
  2.2   corporation. 
  2.3      (c) The board of directors also shall decide matters 
  2.4   related to the operation of the school, including budgeting, 
  2.5   curriculum and operating procedures. 
  2.6      Sec. 2.  [EXEMPTION.] 
  2.7      Any contract entered into during the 1997-1998 school year 
  2.8   authorizing a charter school under Minnesota Statutes 1996, 
  2.9   section 120.064, subdivision 5, is exempt from the amended 
  2.10  requirements of Minnesota Statutes 1996, section 120.064, 
  2.11  subdivision 11, only as long as the sponsor of the charter 
  2.12  school finds and can adequately demonstrate to the state board 
  2.13  of education that the charter school continues without 
  2.14  interruption to satisfactorily meet all its performance 
  2.15  outcomes.  If either the charter school sponsor or the state 
  2.16  board of education determines that the charter school under this 
  2.17  section is not satisfactorily meeting one or more of its 
  2.18  performance outcomes, the amended requirements of Minnesota 
  2.19  Statutes 1996, section 120.064, subdivision 11, apply to that 
  2.20  charter school. 
  2.21     Sec. 3.  [EFFECTIVE DATE.] 
  2.22     Sections 1 and 2 are effective the day following final 
  2.23  enactment.