SF 1037

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

A bill for an act
relating to education; amending charter school provisions; creating a commission;
authorizing a private nonprofit corporation; amending Minnesota Statutes 2008,
section 124D.10, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 124D.

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

Section 1.

new text begin [124D.099] NEW SCHOOLS MINNESOTA.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin A commission called New Schools Minnesota is
established to assist the governor, the legislature, and the commissioner of education.
The mission of the commission is to address academic and fiscal challenges being faced
by public education by providing state leadership for creating fundamentally new and
different models of public schools that result in improved student achievement. For the
initial appointments, the terms of the board members of the commission shall be one
year for one-third of the members, two years for one-third of the members, and three
years for one-third of the members. Thereafter, the terms of members shall be for three
years. Members may be reappointed upon the completion of their current term. The
compensation, filling of vacancies, and removal of members are governed by section
15.0575. The commission may accept gifts and contributions from public and private
organizations.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The commission shall consist of nine voting members.
Voting members shall include the commissioner of education who shall be an ongoing
member and shall serve as chair for the first three years after which time the chair will be
selected by the members.
new text end

new text begin (b) The governor, the speaker of the house of representatives, and the majority leader
of the senate shall each appoint three voting members. For the initial appointment, each
shall appoint one member for one year, one member for two years, and one member for
three years. The commissioner of education shall be the governor's three-year appointee.
new text end

new text begin (c) The commission may appoint up to six nonvoting members from among
educators, education organizations, and other parties with expertise in new models of
teaching and learning, finance, technology evaluation models, and other areas to be
determined by the commission.
new text end

new text begin (d) When appointments are made, the appointing authority shall, to the extent
possible, select members representative of geography, race, ethnicity, age, and gender.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The commission shall:
new text end

new text begin (1) provide outreach to educators, community groups, and others to help stimulate
interest and develop proposals for new and fundamentally different schools;
new text end

new text begin (2) conduct research to identify high-priority, unmet student learning needs in all
parts of the state, as well as districts facing severe fiscal stress where new learning models
or organizational models could help make districts and schools more fiscally sustainable;
new text end

new text begin (3) ensure that quality assistance as well as nongovernmental support is available
to assist districts and other new school developers create proposals for high quality new
models of schools and schooling and ultimately to effectively implement these new
models;
new text end

new text begin (4) as provided in section 123B.04, develop an application process for district boards
that intend to operate self-governed schools, conduct a review, and comment on a site
application at the request of sites and make recommendations to the commissioner of
education regarding the approval of state-funded grants;
new text end

new text begin (5) as provided in section 124D.10, develop the application process and conduct
the reviews of applications of organizations requesting approval to be sponsors of charter
schools and make recommendations to the commissioner of education regarding approval,
renewal, and removal of sponsoring authority;
new text end

new text begin (6) administer the federal charter school grant;
new text end

new text begin (7) actively pursue private and federal funding sources to assist the commission
in carrying out this section and assist public schools in developing innovative models
of schooling;
new text end

new text begin (8) develop new models of evaluation that may be used by the new schools
developed under this section;
new text end

new text begin (9) report to the governor, legislature, and commissioner of education annually
regarding the activities performed under this section and make recommendations for
ongoing development of new models of schools.
new text end

new text begin Subd. 4. new text end

new text begin Delegation to nonprofit. new text end

new text begin The commission shall create a private nonprofit
corporation and make application for tax-exempt status under section 501(c)(3) of the
federal Internal Revenue Code of 1986. The members appointed in subdivision 2 shall
serve as the corporation's board of directors. The private nonprofit corporation is not
subject to laws governing state agencies or political subdivisions, except the provisions
of chapter 13, the Open Meeting Law under chapter 13D, salary limits under section
15A.0815, subdivision 2, and audits by the legislative auditor under chapter 3. The board
of directors and the executive director of the nonprofit corporation are each considered an
"official" for purposes of section 10A.071. The commission may delegate any or all of its
powers and duties under state and federal law to the private nonprofit corporation. The
commission may revoke a delegation of powers and duties at any time.
new text end

Sec. 2.

Minnesota Statutes 2008, section 124D.10, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin New Schools Minnesota. new text end

new text begin New Schools Minnesota, as defined in section
124D.099, shall perform the following functions regarding charter schools:
new text end

new text begin (1) develop the application and review process, conduct the reviews of organizations
intending to grant charters and make recommendations to the commissioner regarding
whether these organizations are qualified to serve as sponsors. The review process shall be
consistent with the provisions of subdivision 3 of this section;
new text end

new text begin (2) develop the application and review process, conduct the reviews of organizations
who have been approved by the commissioner as sponsors as provided in clause (1) and
make recommendations to the commissioner regarding the renewal of the organizations to
continue as sponsors of chartered schools;
new text end

new text begin (3) in cooperation with the Department of Education, provide training and assistance
to sponsors to enable them to carry out their role in a competent manner consistent with
best practice and as provided in their approved application to serve as a sponsor; and
new text end

new text begin (4) manage the federal charter school grant awarded to the department. The
commissioner shall contract with New Schools Minnesota to administer the grant.
new text end