HF 4267

as introduced - 91st Legislature (2019 - 2020) Posted on 03/09/2020 01:29pm

A bill for an act
relating to education; modifying provisions for corrective action of a charter school
authorizer; amending Minnesota Statutes 2018, section 124E.05, subdivision 6.

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

Section 1.

Minnesota Statutes 2018, 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 deleted text begin may deleted text end new text begin must new text end include deleted text begin terminating the contract
with the charter school board of directors of a school it chartered. deleted text end new text begin specific deadlines for
corrective action no shorter than six months. During the period when an authorizer is subject
to a corrective action plan, the commissioner may:
new text end

new text begin (1) prohibit the authorizer from accepting a transfer application from a charter school;
and
new text end

new text begin (2) prohibit the authorizer from accepting an application to establish a charter school.
new text end

The commissioner must notify the authorizer in writing of any findings that may subject
the authorizer to corrective action and the authorizer then has 15 business days to request
an informal hearing before the commissioner takes corrective action. 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 If a charter school's authorizer is under corrective
action and has been under corrective action for more than nine months, the 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.
new text end

(b) 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 , termination of a contract
with a charter school, or other sanctions the commissioners deems appropriate 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