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Office of the Revisor of Statutes

SF 2201

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/03/2012 08:20am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; providing for the creation of individualized learning
schools; modifying certain site-governed school, postsecondary enrollment
options, and charter school provisions; amending Minnesota Statutes 2010,
sections 120B.024; 123B.045, subdivision 3; 124D.09, subdivisions 9, 12, 13,
24, 25; 135A.101, subdivision 1; Minnesota Statutes 2011 Supplement, sections
124D.09, subdivision 5; 124D.10, subdivision 3; proposing coding for new law
in Minnesota Statutes, chapter 124D; repealing Minnesota Statutes 2010, section
124D.09, subdivision 23.

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

ARTICLE 1

INDIVIDUALIZED LEARNING SCHOOLS

Section 1. new text beginCITATION.
new text end

new text begin This act may be referred to as "The Improved Achievement through Individualized
Learning Act."
new text end

Sec. 2.

new text begin [124D.065] INDIVIDUALIZED LEARNING SCHOOLS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin To expand and improve student achievement, the state
finds it useful to provide for the creation of new opportunities to permit and encourage
individualized learning and instruction. The purpose of this section is to enable and
encourage schools to introduce and expand individualization in Minnesota's system of
public education by:
new text end

new text begin (1) making it possible for schools to adapt learning to the needs and aptitudes of
individual students, and to establish standards for individual students beyond the common
standards required of all students;
new text end

new text begin (2) extending and expanding achievement by changing the pace of learning,
including greater use by individual students of accelerated learning through postsecondary
options;
new text end

new text begin (3) providing the state with research and evidence about new approaches to learning
and new ways to organize and operate schools;
new text end

new text begin (4) realizing more fully the potential of chartered and self-governed schools for
innovation, especially ways to individualize within existing resources, as an aid to small
districts facing financial stress;
new text end

new text begin (5) evaluating and demonstrating competency-based progression, as an alternative
to age-based progression;
new text end

new text begin (6) improving motivation of both students and teachers;
new text end

new text begin (7) testing and demonstrating new dimensions of achievement; and
new text end

new text begin (8) creating opportunities for new uses of learning technology.
new text end

new text begin Subd. 2. new text end

new text begin Creation. new text end

new text begin (a) An individualized learning school may be a charter school
under section 124D.10, a site-governed school under section 123B.045, or an area
learning center or contract alternative school under section 123A.05. Notwithstanding
any law to the contrary, a charter authorizer may establish an application and amendment
process, consistent with this section, for an existing charter school to apply to become
an individualized learning school. Notwithstanding any law to the contrary, a charter
authorizer establishing a new charter school under section 124D.10, may require the
school to include the requirements of subdivision 3, making it an individualized
learning school. Notwithstanding any law to the contrary, a school district may establish
an application and amendment process, consistent with this section, for an existing
site-governed school, contract alternative school, or area learning center operated by the
district to apply to become an individualized learning school. A school district may limit
a request for site-governed school proposals under section 123B.045, subdivision 1, to
individualized learning schools.
new text end

new text begin (b) The authorizer, in the case of a charter school, or the district, in the case of a
site-governed school, area learning center, or contract alternative school, is the approving
authority for a school proposing to individualize learning. Decisions by authorizers and
boards on both processes and approvals shall be final. Notwithstanding any law to the
contrary, no decision by a school, authorizer, or district to individualize its program is
subject to approval by the commissioner.
new text end

new text begin (c) An individualized learning school must describe, in its annual report, the nature
of its program to individualize learning, and make this description available to other
schools and districts.
new text end

new text begin Subd. 3. new text end

new text begin Application requirements. new text end

new text begin (a) The application for becoming an
individualized learning school must include:
new text end

new text begin (1) a plan stating how achievement will be defined and how the school will
implement the competency-based student progression which allows for students to
progress at their own pace by meeting or exceeding the learning standards set for them;
new text end

new text begin (2) a description of the individualized learning plan which will be prepared
electronically for each student;
new text end

new text begin (3) a description of how the progress of individual student growth will be maintained
to ensure demonstrated attainment as well as provide evidence of standards completion;
and
new text end

new text begin (4) the waivers under subdivision 4 that the school plans to use.
new text end

new text begin (b) The application for an individualized learning high school, must also include
graduation standards which are in addition to those provided for in statute or rule and
indicate whether the standards will require a higher level of attainment than required either
by the state or district board for students in secondary school.
new text end

new text begin (c) In order for a student to graduate from an individualized learning high school, the
student is required to successfully complete at least one of the following:
new text end

new text begin (1) a college-level course taken through postsecondary enrollment options or college
in the schools;
new text end

new text begin (2) an international baccalaureate test and receive a score of 4 or higher, or advanced
placement test and receive a score of 3 or higher; or
new text end

new text begin (3) a supervised work experience program approved by the department as a part of
an approved secondary vocational education program.
new text end

new text begin Subd. 4. new text end

new text begin Waivers available. new text end

new text begin (a) If included in the individualized learning school's
application and if approved by the charter authorizer or school district, the individualized
learning school is exempt from:
new text end

new text begin (1) school calendar requirements under section 120A.40;
new text end

new text begin (2) hours of instruction requirements under section 120A.41; and
new text end

new text begin (3) defined curriculum requirements under Minnesota Rules, parts 3501.0110;
3501.0170, item F; 3501.1110; and 3501.1160, item B.
new text end

new text begin (b) Notwithstanding any law to the contrary, a contract alternative school approved
by a school district as an individualized learning school is exempt from and subject to the
same laws and rules as charter schools under paragraph (a) and section 124D.10.
new text end

new text begin (c) Notwithstanding any law to the contrary, an area learning center approved as an
individualized learning school is exempt from and subject to the same laws and rules as
site-governed schools under section 123B.045, subdivision 4.
new text end

new text begin Subd. 5. new text end

new text begin Review and termination. new text end

new text begin (a) An individualized learning school shall be
accountable to its authorizer, in the case of a charter school, or to its district, in the case of
a site-governed school or contract alternative school, for implementing an individualized
program of student work. Renewal of its contract or agreement shall be conditional on
such demonstration.
new text end

new text begin (b) The charter authorizer or school district must review each of its individualized
learning schools at least every three years. The review must include a determination of the
school's compliance with its approved application. A parent or guardian of a student in an
individualized learning school may bring a challenge to the school's authorizer or district
to demonstrate the school's compliance with its approved application between mandatory
reviews. An authorizer or district may terminate a school's status as an individualized
learning school at any time, if it determines that the provisions of the approved application
are not being met.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

ARTICLE 2

COMPLEMENTARY REFORMS

Section 1.

Minnesota Statutes 2010, section 120B.024, is amended to read:


120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.

(a) Students beginning 9th grade in the 2004-2005 school year and later must
successfully complete the following high school level course credits for graduation:

(1) four credits of language arts;

(2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
and probability sufficient to satisfy the academic standard;

(3) three credits of science, including at least one credit in biology;

(4) three and one-half credits of social studies, encompassing at least United
States history, geography, government and citizenship, world history, and economics or
three credits of social studies encompassing at least United States history, geography,
government and citizenship, and world history, and one-half credit of economics taught in
a school's social studies, agriculture education, or business department;

(5) one credit in the arts; and

(6) a minimum of seven elective course credits.

new text begin (b) For purposes of this section, new text enda course credit is equivalent to a student successfully
completing an academic year of study or a student mastering the applicable subject matter,
as determined by the local school district.new text begin The local school district shall accept and grant
credit for specific graduation requirements attained for successfully completed courses
from non-Minnesota postsecondary institutions accredited by an agency recognized by the
United States Department of Education. Courses taken from accredited non-Minnesota
postsecondary institutions shall not be paid for by the school district unless the district
agrees to the payment prior to the student beginning the course.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end An agriculture science course may fulfill a science credit requirement in
addition to the specified science credits in biology and chemistry or physics under
paragraph (a), clause (3).

deleted text begin (c)deleted text endnew text begin (d)new text end A career and technical education course may fulfill a science, mathematics, or
arts credit requirement in addition to the specified science, mathematics, or arts credits
under paragraph (a), clause (2), (3), or (5).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 2.

Minnesota Statutes 2010, section 123B.045, subdivision 3, is amended to read:


Subd. 3.

Revenue to self-governed school.

(a) The revenue that shall be allocated
by the site includes the general education revenue generated by the students at the site
from state, local, and private sources, referendum revenue, federal revenue from the
Elementary and Secondary Education Act, Individuals with Disabilities Education
Act, Carl Perkins Act, and other federal programs as agreed to by the school board
and site council.new text begin In its first operational year, a site-governed school shall be allocated
compensatory revenue generated by its current year enrollment. All unspent revenue shall
be carried over to following years for sole use of the site.
new text end

(b) The district may retain an administrative fee deleted text beginfor 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 by the site and school board. The administrative fee
shall be included in the agreement.
deleted text endnew text begin:
new text end

new text begin (1) for the site's prorated share, but no greater than five percent of the total revenue
calculated under paragraph (a), for services reported as administrative in the district's
most recent audit;
new text end

new text begin (2) for the site's prorated share for the cost of districtwide special education
programs; and
new text end

new text begin (3) for specific services agreed to by the site and school board not classified as
administrative in the district's most recent audit such as facilities costs, maintenance,
and other services. The prorated share must not exceed the district's total expenses
for these services multiplied by the site-governed school's pupil unit percentage of the
district's total enrollment.
new text end

(c) As part of the agreement, the district may provide specific services for the site
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 site 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 site is responsible for allocating revenue for all staff at the site and
for the other provisions of the agreement with the district board.

(d) All unspent revenue shall be carried over to following years for the sole use
of the site.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 3.

Minnesota Statutes 2011 Supplement, section 124D.09, subdivision 5, is
amended to read:


Subd. 5.

Authorization; notification.

Notwithstanding any other law to the
contrary, an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled
tribal contract or grant school eligible for aid under section 124D.83, except a foreign
exchange pupil enrolled in a district under a cultural exchange program, may apply to an
eligible institution, as defined in subdivision 3, to enroll in nonsectarian courses offered by
that postsecondary institution. Notwithstanding any other law to the contrary, a 9th or 10th
grade pupil enrolled in a district or an American Indian-controlled tribal contract or grant
school eligible for aid under section 124D.83, except a foreign exchange pupil enrolled in
a district under a cultural exchange program, may apply to enroll in nonsectarian courses
offered under subdivision 10, if after all 11th and 12th grade students have applied for a
course, additional students deleted text beginare necessary to offerdeleted text endnew text begin can be accommodated innew text end the course. If an
institution accepts a secondary pupil for enrollment under this section, the institution shall
send written notice to the pupil, the pupil's school or school district, and the commissioner
within ten days of acceptance. The notice must indicate the course and hours of enrollment
of that pupil. deleted text beginIf the pupil enrolls in a course for postsecondary credit, the institution must
notify the pupil about payment in the customary manner used by the institution.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 4.

Minnesota Statutes 2010, section 124D.09, subdivision 9, is amended to read:


Subd. 9.

Enrollment priority.

A postsecondary institution shall give priority to
its postsecondary students when enrolling 11th and 12th grade pupils in its courses. A
postsecondary institution may provide information about its programs to a secondary
school or to a pupil or parentdeleted text begin, but it may not advertise or otherwise recruit or solicit
the participation of secondary pupils to enroll in its programs on financial grounds
deleted text end.
An institution must not enroll secondary pupils, for postsecondary enrollment options
purposes, in remedial, developmental, or other courses that are not college level. Once a
pupil has been enrolled in a postsecondary course under this section, the pupil shall not
be displaced by another student.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 5.

Minnesota Statutes 2010, section 124D.09, subdivision 12, is amended to read:


Subd. 12.

Credits.

A pupil may enroll in a course under this section for deleted text begineitherdeleted text endnew text begin bothnew text end
secondary credit deleted text beginordeleted text endnew text begin andnew text end postsecondary credit. deleted text beginAt the time a pupil enrolls in a course,
the pupil shall designate whether the course is for secondary or postsecondary credit.
A pupil taking several courses may designate some for secondary credit and some for
postsecondary credit.
deleted text end A pupil must not audit a course under this section.

A district shall grant academic credit to a pupil enrolled in a course for secondary
credit if the pupil successfully completes the course. Seven quarter or four semester
college credits equal at least one full year of high school credit. Fewer college credits may
be prorated. deleted text beginA district must also grant academic credit to a pupil enrolled in a course for
postsecondary credit if secondary credit is requested by a pupil.
deleted text end If no comparable course is
offered by the district, the district must, as soon as possible, notify the commissioner, who
shall determine the number of credits that shall be granted to a pupil who successfully
completes a course. If a comparable course is offered by the district, the school board
shall grant a comparable number of credits to the pupil. If there is a dispute between the
district and the pupil regarding the number of credits granted for a particular course, the
pupil may appeal the board's decision to the commissioner. The commissioner's decision
regarding the number of credits shall be final.

The secondary credits granted to a pupil must be counted toward the graduation
requirements and subject area requirements of the district. Evidence of successful
completion of each course and secondary credits granted must be included in the pupil's
secondary school record. A pupil shall provide the school with a copy of the pupil's grade
in each course taken for secondary credit under this section. Upon the request of a pupil,
the pupil's secondary school record must also include evidence of successful completion
and credits granted for a course taken for postsecondary credit. In either case, the record
must indicate that the credits were earned at a postsecondary institution.

deleted text begin If a pupil enrolls in a postsecondary institution after leaving secondary school, the
postsecondary institution must award postsecondary credit for any course successfully
completed for secondary credit at that institution. Other
deleted text end Postsecondary institutions deleted text beginmaydeleted text endnew text begin
must
new text end award, deleted text beginafter a pupil leaves secondary school,deleted text endnew text begin consistent with the institution's credit
transfer policy,
new text end postsecondary credit for any courses successfully completed under this
section. An institution may not charge a pupil for the award of credit.

The Board of Trustees of the Minnesota State Colleges and Universities and
the Board of Regents of the University of Minnesota must, and private nonprofit and
proprietary postsecondary institutions should, award postsecondary credit for any
successfully completed courses in a program certified by the National Alliance of
Concurrent Enrollment Partnerships offered according to an agreement under subdivision
10.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 6.

Minnesota Statutes 2010, section 124D.09, subdivision 13, is amended to read:


Subd. 13.

Financial arrangements.

For a pupil enrolled in a course under this
section, the department must make payments according to this subdivision for courses that
were taken for secondary credit.

deleted text begin The department must not make payments to a school district or postsecondary
institution for a course taken for postsecondary credit only.
deleted text end The department must not
make payments to a postsecondary institution for a course from which a student officially
withdraws during the first 14 days of the quarter or semester or who has been absent from
the postsecondary institution for the first 15 consecutive school days of the quarter or
semester and is not receiving instruction in the home or hospital.

A postsecondary institution shall receive the following:

(1) for an institution granting quarter credit, the reimbursement per credit hour shall
be an amount equal to 88 percent of the product of the formula allowance minus $415,
multiplied by 1.3, and divided by 45; or

(2) for an institution granting semester credit, the reimbursement per credit hour
shall be an amount equal to 88 percent of the product of the general revenue formula
allowance minus $415, multiplied by 1.3, and divided by 30.

The department must pay to each postsecondary institution 100 percent of the
amount in clause (1) or (2) within 30 days of receiving initial enrollment information
each quarter or semester. If changes in enrollment occur during a quarter or semester,
the change shall be reported by the postsecondary institution at the time the enrollment
information for the succeeding quarter or semester is submitted. At any time the
department notifies a postsecondary institution that an overpayment has been made, the
institution shall promptly remit the amount due.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 7.

Minnesota Statutes 2010, section 124D.09, subdivision 24, is amended to read:


Subd. 24.

Limit; state obligation.

The provisions of subdivisions 13, 19, new text beginand
new text end22deleted text begin, and 23deleted text end shall not apply for any postsecondary courses in which a pupil is enrolled in
addition to being enrolled full time in that pupil's district deleted text beginor for any postsecondary course
in which a pupil is enrolled for postsecondary credit
deleted text end. The pupil is enrolled full time if
the pupil attends credit-bearing classes in the high school or high school program for
all of the available hours of instruction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 8.

Minnesota Statutes 2010, section 124D.09, subdivision 25, is amended to read:


Subd. 25.

Pupils 40 miles or more from an eligible institution.

A pupil who
is enrolled in a secondary school that is located 40 miles or more from the nearest
eligible institution may request that the resident district offer at least one accelerated or
advanced academic course within the resident district in which the pupil may enroll for
postsecondary credit. A pupil may enroll in a course offered under this subdivision for
deleted text begin eitherdeleted text end secondary deleted text beginordeleted text endnew text begin andnew text end postsecondary credit according to subdivision 12.

A district must offer an accelerated or advanced academic course for postsecondary
credit if one or more pupils requests such a course under this subdivision. The district
may decide which course to offer, how to offer the course, and whether to offer one or
more courses. The district must offer at least one such course in the next academic period
and must continue to offer at least one accelerated or advanced academic course for
postsecondary credit in later academic periods.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 9.

Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 3, is
amended to read:


Subd. 3.

Authorizer.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.

"Application" to receive approval as an authorizer means the proposal an eligible
authorizer submits to the commissioner under paragraph (c) before that authorizer is able
to submit any affidavit to charter to a school.

"Application" under subdivision 4 means the charter school business plan a
school developer submits to an authorizer for approval to establish a charter school that
documents the school developer's mission statement, school purposes, program design,
financial plan, governance and management structure, and background and experience,
plus any other information the authorizer requests. The application also shall include a
"statement of assurances" of legal compliance prescribed by the commissioner.

"Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under subdivision 4 attesting to its review and
approval process before chartering a school.

(b) The following organizations may authorize one or more charter schools:

(1) a school board; intermediate school district school board; education district
organized under sections 123A.15 to 123A.19;

(2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
of 1986, excluding a nonpublic sectarian or religious institution, any person other than a
natural person that directly or indirectly, through one or more intermediaries, controls,
is controlled by, or is under common control with the nonpublic sectarian or religious
institution, and any other charitable organization under this clause that in the federal IRS
Form 1023, Part IV, describes activities indicating a religious purpose, that:

(i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
Foundations;

(ii) is registered with the attorney general's office; and

(iii) is incorporated in the state of Minnesota and has been operating continuously
for at least five years but does not operate a charter school;

(3) a Minnesota private college, notwithstanding clause (2), that grants two- or
four-year degrees and is registered with the Minnesota Office of Higher Education under
chapter 136A; community college, state university, or technical college governed by the
Board of Trustees of the Minnesota State Colleges and Universities; or the University
of Minnesota;

(4) a nonprofit corporation subject to chapter 317A, described in section 317A.905,
and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code
of 1986, may authorize one or more charter schools if the charter school has operated
for at least three years under a different authorizer and if the nonprofit corporation has
existed for at least 25 years; or

(5) single-purpose authorizers that are charitable, nonsectarian organizations formed
under section 501(c)(3) of the Internal Revenue Code of 1986 and incorporated in the state
of Minnesota whose sole purpose is to charter schools. Eligible organizations interested
in being approved as an authorizer under this paragraph must submit a proposal to the
commissioner that includes the provisions of paragraph (c) and a five-year financial plan.
Such authorizers shall consider and approve applications using the criteria provided in
subdivision 4 deleted text beginand shall not limit the applications it solicits, considers, or approves to
any single curriculum, learning program, or method
deleted text end.new text begin The commissioner may approve
single-purpose authorizers which limit their focus to authorizing schools (i) designed to
close the achievement gap by including prekindergarten and primary grades; or (ii) which
create a grades 9 through 14 partnership with one or more postsecondary institutions where
students complete one or more years of postsecondary credit as a part of the school model.
new text end

(c) An eligible authorizer under this subdivision must apply to the commissioner for
approval as an authorizer before submitting any affidavit to the commissioner to charter
a school. The application for approval as a charter school authorizer must demonstrate
the applicant's ability to implement the procedures and satisfy the criteria for chartering a
school under this section. The commissioner must approve or disapprove an application
within 45 business days of the application deadline. If the commissioner disapproves
the application, the commissioner must notify the applicant of the specific deficiencies
in writing and the applicant then has 20 business days to address the deficiencies to the
commissioner's satisfaction. After the 20 business days expire, the commissioner has 15
business days to make a final decision to approve or disapprove the application. Failing to
address the deficiencies to the commissioner's satisfaction makes an applicant ineligible to
be an authorizer. The commissioner, in establishing criteria for approval, must consider
the applicant's:

(1) capacity and infrastructure;

(2) application criteria and process;

(3) contracting process;

(4) ongoing oversight and evaluation processes; and

(5) renewal criteria and processes.

(d) An applicant must include in its application to the commissioner to be an
approved authorizer at least the following:

(1) how chartering schools is a way for the organization to carry out its mission;

(2) a description of the capacity of the organization to serve as an authorizer,
including the personnel who will perform the authorizing duties, their qualifications, the
amount of time they will be assigned to this responsibility, and the financial resources
allocated by the organization to this responsibility;

(3) a description of the application and review process the authorizer will use to
make decisions regarding the granting of charters;

(4) a description of the type of contract it will arrange with the schools it charters
that meets the provisions of subdivision 6;

(5) the process to be used for providing ongoing oversight of the school consistent
with the contract expectations specified in clause (4) that assures that the schools chartered
are complying with both the provisions of applicable law and rules, and with the contract;

(6) a description of the criteria and process the authorizer will use to grant expanded
applications under subdivision 4, paragraph (j);

(7) the process for making decisions regarding the renewal or termination of
the school's charter based on evidence that demonstrates the academic, organizational,
and financial competency of the school, including its success in increasing student
achievement and meeting the goals of the charter school agreement; and

(8) an assurance specifying that the organization is committed to serving as an
authorizer for the full five-year term.

(e) A disapproved applicant under this section may resubmit an application during a
future application period.

(f) If the governing board of an approved authorizer that has chartered multiple
schools votes to withdraw as an approved authorizer for a reason unrelated to any
cause under subdivision 23, the authorizer must notify all its chartered schools and the
commissioner in writing by July 15 of its intent to withdraw as an authorizer on June 30 in
the next calendar year. The commissioner may approve the transfer of a charter school
to a new authorizer under this paragraph after the new authorizer submits an affidavit to
the commissioner.

(g) The authorizer must participate in department-approved training.

(h) An authorizer that chartered a school before August 1, 2009, must apply by
June 30, 2012, to the commissioner for approval, under paragraph (c), to continue as an
authorizer under this section. For purposes of this paragraph, an authorizer that fails to
submit a timely application is ineligible to charter a school.

(i) The commissioner shall review an authorizer's performance every five years in
a manner and form determined by the commissioner and may review an authorizer's
performance more frequently at the commissioner's own initiative or at the request of a
charter school operator, charter school board member, or other interested party. The
commissioner, after completing the review, shall transmit a report with findings to the
authorizer. If, consistent with this section, the commissioner finds that an authorizer has
not fulfilled the requirements of this section, the commissioner may subject the authorizer
to corrective action, which may include terminating the contract with the charter school
board of directors of a school it chartered. The commissioner must notify the authorizer
in writing of any findings that may subject the authorizer to corrective action and
the authorizer then has 15 business days to request an informal hearing before the
commissioner takes corrective action. If the commissioner terminates a contract between
an authorizer and a charter school under this paragraph, the commissioner may assist the
charter school in acquiring a new authorizer.

(j) The commissioner may at any time take corrective action against an authorizer,
including terminating an authorizer's ability to charter a school for:

(1) failing to demonstrate the criteria under paragraph (c) under which the
commissioner approved the authorizer;

(2) violating a term of the chartering contract between the authorizer and the charter
school board of directors;

(3) unsatisfactory performance as an approved authorizer; or

(4) any good cause shown that provides the commissioner a legally sufficient reason
to take corrective action against an authorizer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 10.

Minnesota Statutes 2010, section 135A.101, subdivision 1, is amended to read:


Subdivision 1.

Requirements for participation.

To participate in the postsecondary
enrollment options program, a college or university must abide by the provisions in this
section. The institution may provide information about its programs to a secondary school
or to a pupil or parentdeleted text begin, but may not recruit or solicit participation on financial groundsdeleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 124D.09, subdivision 23, new text end new text begin is repealed effective
July l, 2013.
new text end