SF 1055

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing for a school site
governance program; 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.042] SCHOOL SITE GOVERNANCE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A school site governance
program is established to provide schools with more authority
and flexibility in teaching and providing services to students
at the school site.
new text end

new text begin Subd. 2. new text end

new text begin Site decision-making team. new text end

new text begin To participate in
the program, a school must form a site decision-making team
under section 123B.04, subdivision 2, paragraph (a). The team
shall also adopt a policy detailing how it will delegate
authority and responsibilities among its members.
new text end

new text begin By January 1, the school site decision-making team shall
notify the school board of its intent to participate in the
program for the school year beginning after September 1 of that
year.
new text end

new text begin Subd. 3. new text end

new text begin Duties; revenue. new text end

new text begin (a) A school site
decision-making team participating in this program has all the
powers and duties of the school board and retains control of the
revenue and determines its use as necessary to operate the
school. The school site decision-making team must enter into an
agreement with the local school board describing any powers,
duties, authority, and responsibilities that the decision-making
team delegates to the school board. Revenue for a fiscal year
received or receivable by the district and that the district
would expend for the particular school site participating in the
program is allocated to that school site. All other district
revenue not reserved for other purposes must be proportionately
allocated to the site based on the site's pupil count. Any
power, duty, authority, and responsibility not expressly
delegated by the decision-making team to the school board shall
remain with the school site decision-making team. The district
shall maintain an account for each school site participating in
the program.
new text end

new text begin (b) The school site decision-making team shall comply with
section 13D.04, subdivision 1.
new text end

new text begin (c) Notwithstanding any law to the contrary, a school site
participating in the program under this section may legally
enter into a contract and expend funds as if it were a school
district. Any contract entered into by the school site may not
exceed the duration of the school site's participation in the
program.
new text end

new text begin Subd. 4. new text end

new text begin Employees. new text end

new text begin The employees of the school site
remain employees of the school district for salary, benefits,
seniority, retirement, and other personnel issues, except that,
notwithstanding any law or agreement to the contrary, the school
site decision-making team determines who is selected or
transferred within the district into licensed and nonlicensed
positions at the school site, including the position of
principal or other person having general control and supervision
of the school. When negotiating a new contract under chapter
179A, an exclusive representative and school board must provide
for the employees of a school site participating in the program
under this section.
new text end

new text begin Subd. 5. new text end

new text begin Performance agreements. new text end

new text begin Prior to implementing
the agreement with the school board under subdivision 2, the
school site decision-making team shall enter into a performance
agreement with the school board. The agreement shall include:
new text end

new text begin (1) the previous year's baseline information at the site
regarding student achievement based on:
new text end

new text begin (i) aggregated and disaggregated statewide testing data;
new text end

new text begin (ii) other nationally normed standardized tests;
new text end

new text begin (iii) student attendance; and
new text end

new text begin (iv) dropout rates and graduation rates, where applicable;
new text end

new text begin (2) the expected levels of improvement in selected areas of
student performance during the next year;
new text end

new text begin (3) how student performance will be measured, including
assessment procedures required by law and rule;
new text end

new text begin (4) other performance expectations and measures agreed upon
by the school site and school board;
new text end

new text begin (5) the frequency of reporting by the school site to the
school board; and
new text end

new text begin (6) how the performance results will be made available to
parents and the public.
new text end

new text begin The term of an agreement shall be for no more than two
years.
new text end

new text begin If the school site decision-making team and school board
cannot agree on the provisions of a performance agreement as
required under this subdivision, either party may request
assistance from the commissioner of education. The commissioner
shall provide assistance to the parties to ensure they reach an
agreement.
new text end

new text begin Subd. 6. new text end

new text begin Termination of site-based program authority. new text end

new text begin If
a school site fails to meet the agreed upon expectations as
specified in the performance agreement with the school board for
three consecutive school years, its authority to participate in
this program is terminated.
new text end

new text begin School sites that have had their authority to participate
in this program terminated under this subdivision may not
participate in this program for three years after termination.
new text end

new text begin Subd. 7. new text end

new text begin Reports. new text end

new text begin A school site decision-making team
shall, and its respective school board may, make an annual
report to the commissioner of education by September 1. The
reports shall be consistent with the requirements of section
120B.11, subdivision 5, paragraph (a).
new text end

new text begin Subd. 8. new text end [COMMISSIONER'S DUTY.] new text begin The commissioner of
education shall evaluate the effectiveness of the program by
January 1, 2010.
new text end