SF 1821

as introduced - 87th Legislature (2011 - 2012) Posted on 02/14/2012 09:39am

A bill for an act
relating to education; creating innovation schools and zones; amending certain
employment provisions; amending Minnesota Statutes 2010, sections 126C.10,
by adding a subdivision; 179A.03, by adding a subdivision; 179A.13, subdivision
1; Minnesota Statutes 2011 Supplement, section 126C.10, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapters 123B; 179A.

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

Section 1.

new text begin [123B.046] INNOVATION SCHOOLS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of this section is to:
new text end

new text begin (1) encourage school districts, where appropriate, to create and manage a portfolio
of schools that meet a variety of educational needs, including identifying elementary,
middle or junior high, and high schools to collectively operate as a vertically integrated
innovation zone of schools; and
new text end

new text begin (2) encourage innovation in education by providing local school communities and
principals with greater control over levels of staffing, personnel selection and evaluation,
scheduling, and educational programming with the goal of improved student achievement.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin This section applies only to innovation schools operated
under this section.
new text end

new text begin Subd. 3. new text end

new text begin Innovation plan. new text end

new text begin An innovation plan submitted to the school board under
subdivision 4 or 5 must include:
new text end

new text begin (1) a statement of the school's mission and why designation as an innovation school
would enhance the school's ability to achieve its mission;
new text end

new text begin (2) a description of the innovations the school would implement, including school
staffing, curriculum, and assessment; class scheduling; use of financial and other resources;
and faculty recruitment, employment, evaluation, and compensation;
new text end

new text begin (3) a listing of the programs, policies, or operational documents within the school
that would be affected by the school's identified innovations and the manner in which
they would be affected, including:
new text end

new text begin (i) the research-based educational program to be implemented;
new text end

new text begin (ii) the length of the school day and the school year;
new text end

new text begin (iii) student promotion and graduation policies;
new text end

new text begin (iv) the assessment plan;
new text end

new text begin (v) the proposed budget for the school; and
new text end

new text begin (vi) the proposed staffing plan for the school;
new text end

new text begin (4) an identification of the improvements in academic performance that the school
expects to achieve in implementing the innovations;
new text end

new text begin (5) qualifications for persons holding administrative, supervisory, or instructional
leadership roles, if persons without an administrator's license may fill these positions;
new text end

new text begin (6) an estimate of the cost savings and increased efficiencies, if any, the school
expects to achieve in implementing its identified innovations;
new text end

new text begin (7) a description of any statutory sections or any regulatory or district policy
requirements that would need to be waived for the school to implement its identified
innovations;
new text end

new text begin (8) a description of how the school will comply with the intent of any provision
waived under clause (7);
new text end

new text begin (9) a description of any provision of the collective bargaining agreements in effect
for the personnel at the school that would need to be waived to implement the identified
innovations;
new text end

new text begin (10) a description of the transportation responsibilities to be retained by the school
district and those to be transferred to the school; and
new text end

new text begin (11) necessary indemnification agreements and a statement of the liability
responsibilities of the school district, the school board, the school, the principal or other
person with general control and supervision of the school, and other school administrators.
new text end

new text begin Subd. 4. new text end

new text begin Encouraged innovations. new text end

new text begin In considering or creating an innovation
plan, schools and school boards are strongly encouraged to consider innovations in the
following areas:
new text end

new text begin (1) curriculum and academic standards and assessments;
new text end

new text begin (2) accountability measures, including expanding the use of a variety of
accountability measures to more accurately present a complete measure of student
learning and accomplishment, including use of:
new text end

new text begin (i) graduation or exit examinations;
new text end

new text begin (ii) end-of-course examinations;
new text end

new text begin (iii) student portfolio reviews;
new text end

new text begin (iv) national and international accountability measures such as the national
assessment of education progress, the program for international student assessment, and
trends in international mathematics and science study for years that Minnesota participates;
new text end

new text begin (v) measures of the percentage of students continuing into higher education; and
new text end

new text begin (vi) measures of the percentage of students simultaneously obtaining a high school
diploma and an associate's degree or a career and technical education certificate;
new text end

new text begin (3) provision of services, including special education services; services for gifted and
talented students; services for students for whom English is not the dominant language;
education services for students at risk of academic failure, expulsion, or dropping out;
and support services provided by the Department of Human Services or county social
services agencies;
new text end

new text begin (4) teacher recruitment, employment, training, preparation, and professional
development;
new text end

new text begin (5) performance expectations and evaluation procedures for teachers and principals;
new text end

new text begin (6) compensation for teachers, principals, and other school personnel, including
performance pay plans, total compensation plans, and other innovations with regard to
retirement and other benefits;
new text end

new text begin (7) school governance and the roles, responsibilities, and expectations of principals;
new text end

new text begin (8) preparation and counseling of students for transition to higher education or the
work force, including assessment of college and career readiness;
new text end

new text begin (9) systems for identifying and following students from birth to college; and
new text end

new text begin (10) systems for merging early childhood education with the kindergarten through
grade 16 continuum.
new text end

new text begin Subd. 5. new text end

new text begin Voluntary plan submission, review, and adoption. new text end

new text begin (a) A school may
submit a plan under subdivision 3 to the school board. The school principal or other
person having general control and supervision of the school may initiate the formation of
a plan with the teachers, administrators, staff, and parents of the school. In addition to
the requirements of subdivision 3, a plan submitted under this subdivision must include a
timeline for implementation.
new text end

new text begin (b) Upon receipt of the plan by the school board, the board must review the plan and
approve or disapprove the plan within 60 days of receiving the plan from a school. If the
school board rejects the plan, the board must provide a written explanation of the basis for
its decision. A school may resubmit a plan at any time.
new text end

new text begin (c) After a school board has approved the plan, the plan must be sent to the
commissioner of education for review and publication. The commissioner shall publish
the plan and any submitted process documentation on the department's Web site within
60 days of receipt.
new text end

new text begin Subd. 6. new text end

new text begin Mandatory plan submission, review, and adoption. new text end

new text begin (a) A school must
submit a petition under subdivision 3 to the school board if:
new text end

new text begin (1) at least 51 percent of the school staff, including at least 51 percent of the teachers
in the school, sign a petition and submit it to the school principal or other person having
general control and supervision of the school;
new text end

new text begin (2) at least 51 percent of all parents and guardians of students currently attending the
school sign a petition and submit it to the school principal or other person having general
control and supervision of the school; or
new text end

new text begin (3) beginning in the 2014-2015 school year, 50 percent or more of the students in
the school are (i) not proficient under section 120B.36 and low growth under section
120B.35 or (ii) not proficient under section 120B.36 and medium growth under section
120B.35 for two consecutive years, unless the school is becoming a site-governed school
under section 123B.045.
new text end

new text begin (b) During the school year following any of the conditions in paragraph (a), the
principal or other person with general control and supervision of the school must convene
a transition team consisting of school administrators, teachers, and parents to develop an
innovation plan under subdivision 3. By the end of that school year, an innovation plan
must be submitted to the school board for approval. Upon receipt of the plan by the school
board, the board must review the plan and approve or disapprove the plan within 60 days.
If the school board rejects the plan, the board must provide a written explanation of the
basis for its decision. The school then has 45 days to resubmit the plan. The school board
must review the plan and approve or disapprove the plan within 60 days. If the board
again rejects the plan, the board must make the second proposal public, meet with the
school's transition team, provide a forum for public comment, and after receiving public
comment, adopt an innovation plan for the school with the school's transition team within
60 days of rejecting the resubmitted plan.
new text end

new text begin (c) After a school board has approved the plan, the plan must be sent to the
commissioner of education for review and publication. The commissioner shall publish
the plan and any submitted process documentation on the department's Web site within
60 days of receipt.
new text end

new text begin (d) The school must implement the plan beginning the second school year following
final approval from the school board.
new text end

new text begin Subd. 7. new text end

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

new text begin A school with an approved and
implemented innovation plan is exempt from all statutes and rules applicable to a school,
school board, or school district unless a statute or rule is made specifically applicable to an
innovation school or is included in this section.
new text end

new text begin Subd. 8. new text end

new text begin Federal, state, and local requirements. new text end

new text begin (a) An innovation school shall
meet all federal, state, and local health and safety requirements applicable to school
districts.
new text end

new text begin (b) An innovation school must comply with statewide accountability requirements
governing standards and assessments in chapter 120B.
new text end

new text begin (c) The primary focus of an innovation school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.
new text end

new text begin (d) An innovation school may not charge tuition.
new text end

new text begin (e) An innovation school is subject to and must comply with chapter 363A and
section 121A.04.
new text end

new text begin (f) An innovation school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.575, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.
new text end

new text begin (g) An innovation school must comply with chapters 13 and 13D; and sections
120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.
new text end

new text begin (h) An innovation school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.
new text end

new text begin (i) An innovation school offering online courses or programs must comply with
section 124D.095.
new text end

new text begin (j) An innovation school is subject to chapter 181.
new text end

new text begin (k) An innovation school must comply with section 120A.22, subdivision 7,
governing the transfer of students' educational records and sections 138.163 and 138.17
governing the management of local records.
new text end

new text begin (l) An innovation school that provides early childhood health and developmental
screening must comply with sections 121A.16 to 121A.19.
new text end

new text begin (m) An innovation school that provides school-sponsored youth athletic activities
must comply with section 121A.38.
new text end

new text begin Subd. 9. new text end

new text begin Review. new text end

new text begin Three school years after the initial implementation of the
innovation plan and every five years thereafter, the school board must review the level
of performance of the innovation school and determine whether the innovation school
is achieving or making adequate progress toward achieving the academic performance
results in the school's innovation plan. The school board, in collaboration with the
innovation school, may revise any portion of the innovation plan. If the board determines
that the school is achieving or making adequate progress toward achieving the school's
academic performance results, any change to the plan requires the consent of a majority of
the school's teachers and a majority of the school's administrators. If the board determines
that the school is not achieving or making adequate progress toward achieving the school's
academic performance results, the board may revoke the school's innovation plan effective
the next school year or may approve the school's maintaining innovation status with
changes to the innovation plan. If the changes to an innovation plan agreed to by the
school and school board include new waivers of state statutes, laws, or rules, the revised
plan must be sent to the commissioner for approval consistent with the commissioner's
approval process in subdivision 4, paragraph (c).
new text end

new text begin Subd. 10. new text end

new text begin Employment and other operating matters. new text end

new text begin (a) An innovation school
must employ or contract with necessary teachers, as defined by section 122A.15,
subdivision 1, who hold valid licenses to perform the particular service for which they are
employed in the school. The innovation school's state aid may be reduced under section
127A.43 if the school employs a teacher who is not appropriately licensed or approved
by the Board of Teaching. The school may employ necessary employees who are not
required to hold teaching licenses to perform duties other than teaching and may contract
for other services. The school may discharge teachers and nonlicensed employees.
The innovation school is subject to section 181.932. When offering employment to a
prospective employee, an innovation school must give that employee a written description
of the terms and conditions of employment and the school's personnel policies.
new text end

new text begin (b) A person, without holding a valid administrator's license, may perform
administrative, supervisory, or instructional leadership duties if included in the innovation
plan.
new text end

new text begin Subd. 11. new text end

new text begin Collective bargaining. new text end

new text begin An innovation school may waive any term or
condition of a collective bargaining agreement, consistent with section 179A.227, if the
waiver was included in the innovation plan approved by the board. Any waiver stays
in effect until the innovation plan is amended or the school is no longer an innovation
school. A person who is a member of a collective bargaining unit and is employed at a
school where an innovation plan has been adopted but not yet implemented, may request
a transfer to another school within the district under section 122A.40 or 122A.41. The
school board must make every reasonable effort to accommodate these transfer requests.
new text end

new text begin Subd. 12. new text end

new text begin Teacher and other employee retirement. new text end

new text begin (a) Teachers in an innovation
school must be public school teachers for the purposes of chapters 354 and 354A.
new text end

new text begin (b) Except for teachers under paragraph (a), employees in an innovation school must
be public employees for the purposes of chapter 353.
new text end

Sec. 2.

new text begin [123B.047] INNOVATION SCHOOL FINANCING.
new text end

new text begin Subdivision 1. new text end

new text begin Revenue to innovation school. new text end

new text begin (a) The revenue that shall be
allocated to the innovation school includes the general education revenue generated by
the students at the school from state, local, and private sources; referendum revenue; and
federal revenue from the Elementary and Secondary Education Act, the Individuals with
Disabilities Education Act, the Carl Perkins Act, and other federal programs.
new text end

new text begin (b) The district may retain an administrative fee for managing the federal
programs, private revenues, and general administrative functions including school board,
superintendent, district legal counsel, finance, accountability and self-governed school
contract oversight, facilities maintenance, districtwide special education programs, and
other such services as agreed to in the innovation plan.
new text end

new text begin (c) As part of the agreement, the district may provide specific services for the
innovation school and may specify the amount to be paid for each service and retain the
revenues for that amount. The formula or procedures for determining the amount of
revenue to be allocated to the innovation school each year shall be consistent with this
subdivision and incorporated in the site budget annually following a timeline and process
that is included in the agreement with the school board. The school is responsible for
allocating revenue for all staff at the site and for the other provisions of the agreement
with the school board.
new text end

new text begin (d) All innovation revenue under section 126C.10, subdivision 37, attributable to
the pupils of the innovation school must be passed to the innovation school for use in
implementing and evaluating the school's innovation plan.
new text end

new text begin (e) All unspent revenue shall be carried over to following years for the sole use
of the innovation school.
new text end

new text begin Subd. 2. new text end

new text begin Aid reductions for violations. new text end

new text begin The commissioner may reduce the state
aid under section 127A.42 or 127A.43 to a school district with an innovation school if
that school fails to correct a violation under section 123B.046. The commissioner may
reduce the district's state aid by an amount not to exceed 60 percent of the total basic
revenue allocated to the innovation school during the period of time that a violation of law
occurs. The reduction in revenue must be allocated by the school district to the innovation
school under subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Gifts and grants. new text end

new text begin A school developing or implementing an innovation
plan is authorized to seek and accept public and private gifts, grants, and donations to
offset the costs of developing and implementing innovation plans.
new text end

Sec. 3.

new text begin [123B.048] INNOVATION ZONES.
new text end

new text begin Subdivision 1. new text end

new text begin Creation and membership. new text end

new text begin (a) A school board may approve
innovation zones within the school district. An innovation zone consists of more than one
innovation school that shares an educational relationship, such as geographical location,
educational focus, or sequential service to students as they progress from prekindergarten
through elementary and secondary education. A group of innovation schools may petition
the board to create an innovation zone. Schools submitting proposals under section
123B.046, subdivision 4, may include in their proposal the creation of an innovation zone.
A proposal to create an innovation zone must include:
new text end

new text begin (1) the prekindergarten, elementary, and secondary schools and higher education
institutions that will be initial members of the innovation zone;
new text end

new text begin (2) a description of how innovations in the zone would be integrated to achieve
results that would be less likely to be accomplished by each public school working
alone; and
new text end

new text begin (3) an estimate of any economies of scale that would be achieved by innovations
implemented jointly by the public schools within the innovation zone.
new text end

new text begin (b) If the proposal to create the innovation zone comes from existing innovation
schools, the school board must review and either accept or reject the proposal within 60
days. If the school board rejects the plan, the board must provide a written explanation of
the basis for its decision. The schools may amend and resubmit a plan at any time.
new text end

new text begin (c) If the proposal to create the innovation zone is concurrent with becoming an
innovation school, upon receipt of a school's innovation plan that includes a proposal to
create an innovation zone, the school board must review the plan and offer feedback on
the plan within 60 days. The board must accept or reject the zone plan within 60 days
of receiving the innovation plan of the final initial member school. If the school board
rejects the plan, the board must provide a written explanation of the basis for its decision.
The schools may amend and resubmit a plan at any time.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin A school submitting a proposal under section 123B.046,
subdivision 4 or 5, may propose becoming a member of an established innovation zone as
part of the innovation plan.
new text end

new text begin Subd. 3. new text end

new text begin Review. new text end

new text begin Three school years after the initial implementation of the
innovation zone and every five years thereafter, the school board must review the level
of performance of the innovation zone and determine whether the innovation zone is
achieving or making adequate progress toward achieving the academic performance
results in the innovation zone plan. The school board, in collaboration with the innovation
schools in the zone, may revise any portion of the innovation zone plan consistent with the
innovation plans of the member schools. If the board determines that one or more schools
in the innovation zone are not improving at a sufficient rate, the board may remove the
school from the innovation zone.
new text end

Sec. 4.

Minnesota Statutes 2011 Supplement, section 126C.10, subdivision 1, is
amended to read:

Subdivision 1.

General education revenue.

The general education revenue for
each district equals the sum of the district's basic revenue, extended time revenue, gifted
and talented revenue, small schools revenue, basic skills revenue, training and experience
revenue, secondary sparsity revenue, elementary sparsity revenue, transportation sparsity
revenue, total operating capital revenue, equity revenue, alternative teacher compensation
revenue, deleted text begin and deleted text end transition revenue new text begin , and innovation revenue new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2013 and
later.
new text end

Sec. 5.

Minnesota Statutes 2010, section 126C.10, is amended by adding a subdivision
to read:

new text begin Subd. 37. new text end

new text begin Innovation revenue. new text end

new text begin A district's innovation revenue is equal to $100
times the number of pupils in average daily membership of each innovation school under
section 123B.046 within the district plus $50 times the number of pupils in average daily
membership of a school with an innovation plan approved by the board before July 1, but
not yet implemented under section 123B.046.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue in fiscal year 2013 and
later.
new text end

Sec. 6.

Minnesota Statutes 2010, section 179A.03, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Innovation school. new text end

new text begin "Innovation school" means a school with an approved
and implemented innovation plan under section 123B.046.
new text end

Sec. 7.

Minnesota Statutes 2010, section 179A.13, subdivision 1, is amended to read:

Subdivision 1.

Actions.

The practices specified in this section are unfair labor
practices new text begin , unless otherwise authorized in this chapter new text end . Any employee, employer, employee
or employer organization, exclusive representative, or any other person or organization
aggrieved by an unfair labor practice as defined in this section may bring an action for
injunctive relief and for damages caused by the unfair labor practice in the district court of
the county in which the practice is alleged to have occurred. A copy of any complaint
alleging an unfair labor practice must be filed with the commissioner at the time it is
brought in district court. The party bringing an unfair labor practice action in district
court shall also transmit to the commissioner any orders or judgments of the court within
ten days of the order or judgment.

Sec. 8.

new text begin [179A.227] INNOVATION SCHOOL WAIVERS.
new text end

new text begin An innovation school may waive any collective bargaining provision for any
bargaining unit for any district employee working at the innovation school if the provision
was included in the school board-approved innovation plan implemented by the school.
The innovation school must sign a written agreement with each individual including the
new provisions that will replace the waived collectively bargained provisions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for collective bargaining agreements
entered into or renewed after June 30, 2012.
new text end