SF 1306

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; allowing for intra district 
  1.3             enrollment options; allowing for transportation; 
  1.4             providing for the allocation of school district 
  1.5             revenue to the education sites in the districts; 
  1.6             providing for site decision teams; determining 
  1.7             allocation of authority and responsibility; changing 
  1.8             AFDC deadlines; amending Minnesota Statutes 1994, 
  1.9             sections 123.12, subdivision 1; 123.33, subdivision 1, 
  1.10            and by adding a subdivision; 123.951; and 124.175; 
  1.11            proposing coding for new law in Minnesota Statutes, 
  1.12            chapter 120. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 123.33, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 1a.  [REVENUE AND COST ALLOCATION.] (a) Revenue for a 
  1.17  fiscal year received or receivable by the district shall be 
  1.18  allocated to education sites defined in section 123.951 
  1.19  according to this subdivision.  Allocation means that the 
  1.20  determination of the use of the revenue shall be under the 
  1.21  control of the site-decision team.  The district must establish 
  1.22  separate accounts in the general and capital funds for each 
  1.23  site.  Revenue shall remain in the account of each site until 
  1.24  used by the site.  The district remains responsible for legally 
  1.25  entering into contracts and expending funds. 
  1.26     (b) Except as provided in paragraph (c), no less than 95 
  1.27  percent of revenue attributable to general fund and no less than 
  1.28  25 percent of revenue received under sections 124.243 and 
  1.29  124.244 shall be allocated to education sites in the district.  
  2.1   The allocation shall be based on the number of pupil units 
  2.2   served at the site as a portion of total pupil units served in 
  2.3   the district. 
  2.4      (c) 100 percent of compensatory education revenue shall be 
  2.5   allocated to the education sites at which qualifying students 
  2.6   were enrolled as determined under section 124.175.  Revenue 
  2.7   received under sections 124.273, 124.32, and 124.321 shall be 
  2.8   allocated to the sites where the costs are incurred. 
  2.9      (d) The district must charge the account of each site the 
  2.10  actual costs of goods and services attributable to the general 
  2.11  fund or a proportionate share of costs attributable to the 
  2.12  facilities and equipment accounts in the capital fund incurred 
  2.13  at the site. 
  2.14     Sec. 2.  Minnesota Statutes 1994, section 124.175, is 
  2.15  amended to read: 
  2.16     124.175 [AFDC PUPIL COUNT.] 
  2.17     Each year by March January 1, the department of human 
  2.18  services shall certify to the department of education, for 
  2.19  each education site in each school district, the number of 
  2.20  pupils from families receiving aid to families with dependent 
  2.21  children who were enrolled in a public school on October 1 of 
  2.22  the preceding year.  The department of education shall certify 
  2.23  to each school district the number of pupils from families 
  2.24  receiving aid to dependent children at each site in the district 
  2.25  by January 15 of each year.  
  2.26     Sec. 3.  Minnesota Statutes 1994, section 123.951, is 
  2.27  amended to read: 
  2.28     123.951 [SCHOOL SITE DECISION-MAKING AGREEMENT.] 
  2.29     (a) A school board may shall enter into an agreement with a 
  2.30  school site decision-making team concerning the specific 
  2.31  governance, management, or and control of any school an 
  2.32  education site in the district.  Upon a written request from a 
  2.33  proposed school site decision-making team, an initial school 
  2.34  site decision-making team shall be appointed by the school board 
  2.35  and may include the school principal, representatives of 
  2.36  teachers in the school, representatives of other employees in 
  3.1   the school, representatives of parents of pupils in the school, 
  3.2   representatives of pupils in the school, representatives of 
  3.3   other members in the community, or others determined appropriate 
  3.4   by the board.  For the purposes of this section, sections 
  3.5   126.061, subdivision 1, and 124.175, an education site is 
  3.6   defined as a separate facility or program or programs that have 
  3.7   a separate and unique management organization.  Based on the 
  3.8   recommendations of the education site principal or other person 
  3.9   having general control and supervision, the school board shall 
  3.10  appoint members to the site decision-making team.  The school 
  3.11  education site decision-making team shall include the school 
  3.12  principal or other person having general control and supervision 
  3.13  of the school. 
  3.14     (b) School Education site decision-making agreements must 
  3.15  delegate powers and duties to site teams and involve staff 
  3.16  members, students as appropriate, and parents in decision making.
  3.17     (c) An agreement may shall include: 
  3.18     (1) a mechanism to implement flexible support systems for 
  3.19  improvement in student achievement of education outcomes; 
  3.20     (2) a decision-making structure that allows teachers to 
  3.21  identify instructional problems and control and apply the 
  3.22  resources needed to solve them; 
  3.23     (3) a mechanism to allow principals, or other persons 
  3.24  having general control and supervision of the school, to make 
  3.25  decisions regarding how financial and personnel resources are 
  3.26  best allocated at the site and from whom goods or services are 
  3.27  purchased; 
  3.28     (4) a mechanism to implement parental involvement programs 
  3.29  under section 126.69 and to provide for effective parental 
  3.30  communication and feedback on this involvement at the site 
  3.31  level; 
  3.32     (5) a provision that would allow the team to determine who 
  3.33  is hired into licensed and nonlicensed positions; 
  3.34     (6) a provision that would allow teachers to choose the 
  3.35  principal or other person having general control; 
  3.36     (7) direct contact with other social service providers; 
  4.1      (8) in-service training for site decision-making team 
  4.2   members for financial management of school sites; and 
  4.3      (9) any other powers and duties determined appropriate by 
  4.4   the board. 
  4.5      The school board of the district remains the legal employer 
  4.6   under clauses (5) and (6). 
  4.7      (d) Any powers or duties not delegated to the school site 
  4.8   management team in the school site management agreement shall 
  4.9   remain with the school board. 
  4.10     (e) Approved Agreements shall be filed with the 
  4.11  commissioner.  If a school board denies a request to enter into 
  4.12  a school site management agreement, it shall provide a copy of 
  4.13  the request and the reasons for its denial to the commissioner. 
  4.14     Sec. 4.  [120.061] [INTRA DISTRICT ENROLLMENT OPTIONS.] 
  4.15     Subdivision 1.  [PARENTAL CHOICE.] The parents or other 
  4.16  person responsible for the care of a student have the right to 
  4.17  enroll the student in any education site in the school district 
  4.18  of residence.  The school board shall establish timelines and 
  4.19  application forms for the enrollment process.  These timelines 
  4.20  and forms must be consistent with timelines established under 
  4.21  section 120.062.  However, a school board may choose to reduce 
  4.22  the period of time between the date of application and the 
  4.23  beginning of the school year.  School boards shall annually 
  4.24  inform all parents or other responsible persons of their right 
  4.25  of choice under this section. 
  4.26     Subd. 2.  [TRANSPORTATION.] The school district is 
  4.27  responsible for transporting students to the school of 
  4.28  attendance.  Notwithstanding section 120.74, if a student 
  4.29  attends a school that is outside of the usual attendance area 
  4.30  the district may charge the parent or other responsible person 
  4.31  for the actual cost of the additional distance.  The district 
  4.32  must reserve a portion of the transportation budget to provide 
  4.33  transportation subsidies for parents and other responsible 
  4.34  persons from low-income families.  The school board shall adopt 
  4.35  policies concerning the amount and distribution of the subsidies.
  4.36     Sec. 5.  Minnesota Statutes 1994, section 123.12, 
  5.1   subdivision 1, is amended to read: 
  5.2      Subdivision 1.  The general care, management and control of 
  5.3   a common district is vested in a board of three members to be 
  5.4   known as the school board.  The term of office of a member shall 
  5.5   be three years, and until a successor qualifies. The board of 
  5.6   each common district shall consist of a chair, a treasurer, and 
  5.7   a clerk.  The board may by resolution establish a time and place 
  5.8   for regular meeting and no notice of such meeting need be sent 
  5.9   to any members of the board. 
  5.10     Sec. 6.  Minnesota Statutes 1994, section 123.33, 
  5.11  subdivision 1, is amended to read: 
  5.12     Subdivision 1.  The general care, management, and control 
  5.13  of independent districts shall be vested in a board of 
  5.14  directors, to be known as the school board.  The term of office 
  5.15  of a member shall be four years and until a successor 
  5.16  qualifies.  The membership of the school board shall consist of 
  5.17  six elected directors together with such ex officio member as 
  5.18  may be provided by law.  But the board may submit to the 
  5.19  electors at any school election the question whether the board 
  5.20  shall consist of seven members and if a majority of those voting 
  5.21  on the proposition favor a seven-member board, a seventh member 
  5.22  shall be elected at the next election of directors for a 
  5.23  four-year term and thereafter the board shall consist of seven 
  5.24  members. 
  5.25     Those districts with a seven-member board may submit to the 
  5.26  electors at any school election at least 150 days before the 
  5.27  next election of three members of the board the question whether 
  5.28  the board shall consist of six members.  If a majority of those 
  5.29  voting on the proposition favor a six-member board instead of a 
  5.30  seven-member board, two members instead of three members shall 
  5.31  be elected at the next election of the board of directors and 
  5.32  thereafter the board shall consist of six members. 
  5.33     Sec. 7.  [EFFECTIVE DATE.] 
  5.34     Sections 1 to 6 are effective July 1, 1996, and shall apply 
  5.35  to the 1996-1997 school year and thereafter.