SF 3385

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; education; authorizing 
  1.3             the board of government innovation and cooperation to 
  1.4             consider appeals of decisions affecting charter 
  1.5             schools; amending the charter school approval process; 
  1.6             amending Minnesota Statutes 1999 Supplement, sections 
  1.7             124D.10, subdivision 4; and 465.797, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.10  124D.10, subdivision 4, is amended to read: 
  1.11     Subd. 4.  [FORMATION OF SCHOOL.] (a) A sponsor may 
  1.12  authorize one or more licensed teachers under section 122A.18, 
  1.13  subdivision 1, to operate a charter school subject to approval 
  1.14  by the commissioner board of government innovation and 
  1.15  cooperation under section 465.797.  A board must vote on charter 
  1.16  school application for sponsorship no later than 90 days after 
  1.17  receiving the application.  After 90 days, the applicant may 
  1.18  apply to the commissioner board of government innovation and 
  1.19  cooperation.  If a board elects not to sponsor a charter school, 
  1.20  the applicant may appeal the board's decision to 
  1.21  the commissioner board of government innovation and cooperation 
  1.22  under section 465.797.  If the commissioner board of government 
  1.23  innovation and cooperation authorizes the school, the 
  1.24  commissioner or an entity designated by the commissioner must 
  1.25  sponsor the school according to this section.  The school must 
  1.26  be organized and operated as a cooperative under chapter 308A or 
  2.1   nonprofit corporation under chapter 317A.  
  2.2      (b) Before the operators may form and operate a school, the 
  2.3   sponsor must file an affidavit with the commissioner board of 
  2.4   government innovation and cooperation stating its intent to 
  2.5   authorize a charter school.  The affidavit must state the terms 
  2.6   and conditions under which the sponsor would authorize a charter 
  2.7   school.  The commissioner board of government innovation and 
  2.8   cooperation must approve or disapprove the sponsor's proposed 
  2.9   authorization within 60 days of receipt of the affidavit.  
  2.10  Failure to obtain commissioner board of government innovation 
  2.11  and cooperation approval precludes a sponsor from authorizing 
  2.12  the charter school that was the subject of the affidavit.  
  2.13     (c) The operators authorized to organize and operate a 
  2.14  school must hold an election for members of the school's board 
  2.15  of directors in a timely manner after the school is operating.  
  2.16  Any staff members who are employed at the school, including 
  2.17  teachers providing instruction under a contract with a 
  2.18  cooperative, and all parents of children enrolled in the school 
  2.19  may participate in the election.  Licensed teachers employed at 
  2.20  the school, including teachers providing instruction under a 
  2.21  contract with a cooperative, must be a majority of the members 
  2.22  of the board of directors, unless the commissioner board of 
  2.23  government innovation and cooperation waives the requirement for 
  2.24  the school.  A provisional board may operate before the election 
  2.25  of the school's board of directors.  Board of director meetings 
  2.26  must comply with section 471.705. 
  2.27     (d) The granting or renewal of a charter by a sponsoring 
  2.28  entity must not be conditioned upon the bargaining unit status 
  2.29  of the employees of the school.  
  2.30     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.31  465.797, subdivision 1, is amended to read: 
  2.32     Subdivision 1.  [GENERALLY.] (a) Except as provided in 
  2.33  paragraph (b), a local government unit may request the board of 
  2.34  government innovation and cooperation to grant a waiver from one 
  2.35  or more administrative rules or a temporary, limited exemption 
  2.36  from enforcement of state procedural laws governing delivery of 
  3.1   services by the local government unit.  Two or more local 
  3.2   government units may submit a joint application for a waiver or 
  3.3   exemption under this section if they propose to cooperate in 
  3.4   providing a service or program that is subject to the rule or 
  3.5   law.  Before submitting an application to the board, the 
  3.6   governing body of the local government unit must approve, in 
  3.7   concept, the proposed waiver or exemption at a meeting required 
  3.8   to be public under section 471.705.  A local government unit or 
  3.9   two or more units acting jointly may apply for a waiver or 
  3.10  exemption on behalf of a nonprofit organization providing 
  3.11  services to clients whose costs are paid by the unit or units.  
  3.12  A waiver or exemption granted to a nonprofit organization under 
  3.13  this section applies to services provided to all the 
  3.14  organization's clients. 
  3.15     (b) A school district that is granted a variance from rules 
  3.16  of the commissioner of children, families, and learning under 
  3.17  section 122A.164, need not apply to the board for a waiver of 
  3.18  those rules under this section.  A school district may not seek 
  3.19  a waiver of rules under this section if the commissioner of 
  3.20  children, families, and learning has authority to grant a 
  3.21  variance to the rules under section 122A.164.  This paragraph 
  3.22  does not preclude a school district from being included in a 
  3.23  cooperative effort with another local government unit under this 
  3.24  section.  
  3.25     (c) An applicant or a sponsor may apply to the board for a 
  3.26  waiver of a rule or a decision of a school board under section 
  3.27  124D.10, subdivision 4, affecting a proposal for a charter 
  3.28  school.