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SF 486

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

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

Current Version - as introduced

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A bill for an act
relating to education; authorizing school districts to create site-governed schools;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 123B.

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

Section 1.

new text begin [123B.045] DISTRICT-CREATED SITE-GOVERNED SCHOOLS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin (a) A school board may create site-governed schools
under this section by requesting self-governing school proposals. The request for
proposals must include what types of schools the board intends to create. A proposal must
address the requirements of this section and any additional requirements included in the
request. A current school site or a group of district staff proposing to create a new school
may submit a proposal. The group submitting the proposal must include parents or other
community members who participated in developing the proposal.
new text end

new text begin (b) The board and the applicable unions representing district employees must agree
to enter into memoranda of understanding modifying applicable sections of current
contracts which enable the provisions of subdivision 2, clause (10), to be implemented.
new text end

new text begin (c) Parties developing proposals may submit the proposal to the commission on New
Schools Minnesota as defined in section 124D.099 for review and comment prior to
submitting it to the district board. New Schools Minnesota shall complete its review and
comment within 30 days of receipt. The site shall include the review and comment along
with its application to the board.
new text end

new text begin (d) Within 45 days of receipt of the application, the board shall determine whether to
approve, disapprove, or return the application to the applicants for further information or
development.
new text end

new text begin Subd. 2. new text end

new text begin Autonomy of site-governed schools. new text end

new text begin Site-governed schools approved by
the board have the following autonomy and responsibilities:
new text end

new text begin (1) to determine the learning model and organization of the school consistent with
the application approved by the board;
new text end

new text begin (2) to create a 501(c)(3) organization under the applicable laws and rules of the
United States Department of the Internal Revenue Service;
new text end

new text begin (3) to enter into a contract with the district board setting forth the terms of its
operation including the provisions of this section;
new text end

new text begin (4) to create the board of the nonprofit organization that shall be the governing board
of the school site and includes teachers, administrators, parents, community members,
students if appropriate, and other representatives of the community as determined by
the site governing board;
new text end

new text begin (5) to include teachers currently working at the site as a majority of the board;
new text end

new text begin (6) to select and develop its curriculum and formative assessment practices;
new text end

new text begin (7) to determine the professional development plan for staff which may include the
purchase of staff development from the district or other organizations;
new text end

new text begin (8) to set policies for the site including student promotion, attendance, discipline,
graduation requirements which may exceed the board standards, length of school day and
year, employee work rules, and other rules approved by the district board consistent with
the mission, goals, and learning program of the school site;
new text end

new text begin (9) to develop and implement the parental involvement programs under section
124D.895;
new text end

new text begin (10) to determine the budget for the school based on the provisions of subdivision 3.
The allocation of the revenue shall be under the control of the site;
new text end

new text begin (11) to determine the leadership model for the school including: selecting a
principal, operating as a teacher professional practices model with school leadership
functions performed by one or more teachers or administrators at the school, or other
model determined by the site;
new text end

new text begin (12) to select and deselect a principal with the approval of the superintendent;
new text end

new text begin (13) to select and deselect teachers and other staff including teachers not employed
by the district consistent with current law and collective bargaining agreements and
memoranda of understanding provided for in subdivision 1, paragraph (c). The board
of the district shall be the legal employer of all staff at the site and all teachers and
other staff members shall be represented by the applicable unions. Teachers and other
employees may be required to sign an individual work agreement with the site-governed
school committing themselves to the mission and learning program of the school and the
requirements of the site board; and
new text end

new text begin (l4) to fulfill other provisions as agreed to by the district and site boards.
new text end

new text begin Subd. 3. new text end

new text begin Revenue to site-governed school. new text end

new text begin A minimum of 85 percent of the
general education revenue generated by the students at the site from state and local
sources, 85 percent of the federal revenue, and 100 percent of the private revenue raised
by the site shall be allocated to the site, less an indirect cost charged by the district. All
unspent revenue shall be carried over to following years. The site and district may enter
into an agreement for the district to provide specific services and retain revenue for those
services. The district may specify which services the site will be required to purchase
and the specific amount to be paid for each service, including district governance and
superintendent, district legal counsel, finance, accountability and site-governed school
contract oversight, debt service, facilities maintenance, and districtwide special education
programs.
new text end

new text begin Subd. 4. new text end

new text begin Exemption from statutes and rules. new text end

new text begin Schools established under this
section are exempt from and subject to the same laws and rules as are chartered schools
under section 124D.10.
new text end

new text begin Subd. 5. new text end

new text begin Performance agreement between board and site. new text end

new text begin (a) A performance
agreement shall be developed between the board and the site which shall include at least
the following:
new text end

new text begin (1) a description of the learning model to be used at the school;
new text end

new text begin (2) student achievement targets on multiple indicators and other performance
expectations determined by the district board;
new text end

new text begin (3) the district accountability and oversight practices to be followed including the
criteria for continuing or terminating the agreement with the site;
new text end

new text begin (4) the formula or procedures for determining the amount of revenue to be allocated
to the site each year;
new text end

new text begin (5) the provisions of subdivisions 2 and 3; and
new text end

new text begin (6) other provisions as agreed to.
new text end

new text begin (b) All agreements shall be filed with the commissioner and New Schools Minnesota.
The agreement shall be for up to three years, shall be reviewed annually, and may be
renewed by the district board for additional three-year terms based on the performance
of the school.
new text end

new text begin Subd. 6. new text end

new text begin Board termination of site-governed school authority. new text end

new text begin (a) The district
board may terminate the agreement for one or more of the following reasons:
new text end

new text begin (1) failure of the site to meet the performance agreement in subdivision 5;
new text end

new text begin (2) violations of law; or
new text end

new text begin (3) other good cause shown.
new text end

new text begin (b) Site-governed schools that are terminated or not renewed for reasons other
than for cause may convert to charter school status as provided for in section 124D.10
without the approval of the district board. The site-governed school may not convert to
chartered school status for any other reason unless agreed to by the district board. In those
situations, the chartered school would become the owner of all materials, supplies, and
equipment purchased during the time the school was a site-governed school.
new text end

new text begin Subd. 7. new text end

new text begin State assistance, approval, and funding. new text end

new text begin (a) New Schools Minnesota
shall provide assistance to districts and sites to become site-governed under this section.
new text end

new text begin (b) The board of the district may submit a request for a planning grant for each
site-governed school it intends to develop. New Schools Minnesota shall develop the
planning grant application, review the requests submitted, and make recommendations to
the commissioner who shall have final decision-making authority.
new text end

new text begin (c) Following approval of the site-governed school by the district board, the board
shall file the application with New Schools Minnesota, which shall make recommendations
to the commissioner who shall have final decision-making authority.
new text end

new text begin (d) Following approval by the commissioner, when the site-governed school
becomes operational the school site shall receive $500 per pupil with a minimum of
$50,000 for the first two years of operation.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin New Schools Minnesota. new text end

new text begin For New Schools Minnesota under Minnesota
Statutes, section 124D.099:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2010
new text end
new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2011
new text end

new text begin The 2010 and 2011 appropriations include $....... for planning grants. The 2011
appropriation includes $....... for sites that become operational.
new text end