SF 219

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; requiring school site 
  1.3             decision-making agreements; modifying funding for 
  1.4             sites; amending Minnesota Statutes 2000, sections 
  1.5             123B.04, subdivisions 2 and 3; and 126C.23, by adding 
  1.6             a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 123B.04, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [AGREEMENT.] (a) Either The school board or and 
  1.11  the school site decision-making team may request that the school 
  1.12  board shall enter into an agreement with a school site 
  1.13  decision-making team concerning the governance, management, or 
  1.14  control of the school.  A school site decision-making team may 
  1.15  shall include the school principal or other person having 
  1.16  general control and supervision of the school, teachers in the 
  1.17  school or their designee, other employees in the school, parents 
  1.18  of pupils in the school, representatives of pupils in the 
  1.19  school, and representatives of businesses or other members in 
  1.20  the community.  The school site decision-making team shall 
  1.21  include the school principal or other person having general 
  1.22  control and supervision of the school.  The site decision-making 
  1.23  team must reflect the diversity of the education site.  No more 
  1.24  than one-half of the members shall be employees of the district, 
  1.25  unless an employee is the parent of a student enrolled in the 
  1.26  school site, in which case the employee may elect to serve as a 
  2.1   parent member of the site team. 
  2.2      (b) School site decision-making agreements must delegate 
  2.3   powers, duties, and broad management responsibilities to site 
  2.4   teams and involve staff members, students as appropriate, and 
  2.5   parents in decision making. 
  2.6      (c) An agreement shall include a statement of powers, 
  2.7   duties, responsibilities, and authority to be delegated to and 
  2.8   within the site. 
  2.9      (d) An agreement may include: 
  2.10     (1) an achievement contract according to subdivision 4; 
  2.11     (2) a mechanism to allow principals, or other persons 
  2.12  having general control and supervision of the school, to make 
  2.13  decisions regarding how financial and personnel resources are 
  2.14  best allocated at the site and from whom goods or services are 
  2.15  purchased; 
  2.16     (3) a mechanism to implement parental involvement programs 
  2.17  under section 124D.895 and to provide for effective parental 
  2.18  communication and feedback on this involvement at the site 
  2.19  level; 
  2.20     (4) a provision that would allow the team to determine who 
  2.21  is hired into licensed and nonlicensed positions; 
  2.22     (5) a provision that would allow teachers to choose the 
  2.23  principal or other person having general control; 
  2.24     (6) an amount of revenue allocated to the site under 
  2.25  subdivision 3; and 
  2.26     (7) any other powers and duties determined appropriate by 
  2.27  the board. 
  2.28     The school board of the district remains the legal employer 
  2.29  under clauses (4) and (5). 
  2.30     (e) Any powers or duties not delegated to the school site 
  2.31  management team in the school site management agreement shall 
  2.32  remain with the school board. 
  2.33     (f) Approved agreements shall be filed with the 
  2.34  commissioner.  If a school board denies a request to enter into 
  2.35  a school site management agreement, it shall provide a copy of 
  2.36  the request and the reasons for its denial to the commissioner.  
  3.1      Sec. 2.  Minnesota Statutes 2000, section 123B.04, 
  3.2   subdivision 3, is amended to read: 
  3.3      Subd. 3.  [REVENUE AND COST ALLOCATION.] (a) Revenue for a 
  3.4   fiscal year received or receivable by the district shall be 
  3.5   allocated to education sites based on the agreement between the 
  3.6   school board and the site decision-making team. 
  3.7      (b) General education revenue must be allocated according 
  3.8   to section 126C.23. 
  3.9      (c) At a minimum, except as provided in paragraph (d), no 
  3.10  less than 95 percent of the remaining revenue attributable to 
  3.11  the general fund other than operating capital revenue and no 
  3.12  less than 25 percent of the operating capital revenue shall be 
  3.13  allocated to the education site accounts of the district.  The 
  3.14  allocation shall be based on the number of adjusted marginal 
  3.15  cost pupil units served at the site as a portion of total 
  3.16  adjusted marginal cost pupil units served in the district.  To 
  3.17  the extent compatible with federal law, the per pupil allotment 
  3.18  shall follow the pupil to the education site. 
  3.19     (d) One hundred percent of basic skills revenue shall be 
  3.20  allocated to the education sites as determined under section 
  3.21  126C.15, subdivision 2.  Revenue received under sections 
  3.22  125A.76, 125A.78, and 125A.79, shall be allocated to the sites 
  3.23  where the costs are incurred.  Revenue received under sections 
  3.24  124D.454 and 124D.86 shall be allocated to the sites where the 
  3.25  costs are incurred. 
  3.26     (e) The district must charge the accounts of each site the 
  3.27  actual costs of goods and services from the general or capital 
  3.28  funds attributable to the site.  The costs of goods and services 
  3.29  shall not exceed resources in the accounts for each year. 
  3.30     (f) Revenue shall remain allocated to each site until used 
  3.31  by the site.  The site teams and the board may enter an 
  3.32  agreement that permits the district to provide services and 
  3.33  retain the revenue required to pay for the services provided.  
  3.34  The district remains responsible for legally entering into 
  3.35  contracts and expending funds.  For the purposes of this 
  3.36  subdivision, "allocation" means that the determination of the 
  4.1   use of the revenue shall be under the control of the site.  The 
  4.2   district may charge the accounts of each site the actual costs 
  4.3   of goods and services from the general or capital funds 
  4.4   attributable to the site. 
  4.5      Sec. 3.  Minnesota Statutes 2000, section 126C.23, is 
  4.6   amended by adding a subdivision to read: 
  4.7      Subd. 3a.  [NO ALLOCATION; EDUCATION 
  4.8   SITES.] Notwithstanding subdivision 3, a school district that 
  4.9   has entered into an agreement with an education site under 
  4.10  section 123B.04, shall not adjust the allocation of revenue 
  4.11  among those sites.