SF 1821

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 09:29am

A bill for an act
relating to education; establishing contract accountability measures for charter
schools serving at-risk student populations; amending Minnesota Statutes 2016,
section 124E.10, subdivision 1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 124E.10, subdivision 1, is amended to read:

Subdivision 1.

Contents.

(a) To authorize a charter school, the authorizer and the charter
school board of directors must sign a written contract within 45 business days of the
commissioner's approval of the authorizer's affidavit. The authorizer shall submit a copy of
the charter contract to the commissioner within ten business days after the contract is signed
new text begin - new text end by the contracting parties. The contract must include at least the following:

(1) a declaration that the charter school will carry out the primary purpose in section
124E.01, subdivision 1, and indicate how the school will report its implementation of the
primary purpose to its authorizer;

(2) a declaration of the additional purpose or purposes in section 124E.01, subdivision
1, that the school intends to carry out and indicate how the school will report its
implementation of those purposes to its authorizer;

(3) a description of the school program and the specific academic and nonacademic
outcomes that pupils must achieve;

(4) a statement of admission policies and procedures;

(5) a school governance, management, and administration plan;

(6) signed agreements from charter school board members to comply with the federal
and state laws governing organizational, programmatic, and financial requirements applicable
to charter schools;

(7) the criteria, processes, and procedures the authorizer will use to monitor and evaluate
the fiscal, operational, and academic performance, consistent with subdivision 3, paragraphs
(a) and (b);

(8) for contract renewal, the formal written performance evaluation that is a prerequisite
for reviewing a charter contract under subdivision 3;

(9) types and amounts of insurance liability coverage the charter school must obtain,
consistent with section 124E.03, subdivision 2, paragraph (d);

(10) consistent with section 124E.09, paragraph (d), a provision to indemnify and hold
harmless from any suit, claim, or liability arising from any charter school operation:

(i) the authorizer and its officers, agents, and employees; and

(ii) notwithstanding section 3.736, the commissioner and department officers, agents,
and employees;

(11) the term of the contract, which, for an initial contract, may be up to five years plus
a preoperational planning period, or for a renewed contract or a contract with a new authorizer
after a transfer of authorizers, may be up to five years, if warranted by the school's academic,
financial, and operational performance;

(12) how the charter school board of directors or the charter school operators will provide
special instruction and services for children with a disability under sections 125A.03 to
125A.24, and 125A.65, and a description of the financial parameters within which the charter
school will provide the special instruction and services to children with a disability;

(13) the specific conditions for contract renewal that identify the performance of all
students under the primary purpose of section 124E.01, subdivision 1, as the most important
factor in determining whether to renew the contract; and

(14) the additional purposes under section 124E.01, subdivision 1, and related
performance obligations under clause (7) contained in the charter contract as additional
factors in determining whether to renew the contract.

(b) In addition to the requirements of paragraph (a), the charter contract must contain
the plan for an orderly closing of the school under chapter 317A, that establishes the
responsibilities of the school board of directors and the authorizer, whether the closure is a
termination for cause, a voluntary termination, or a nonrenewal of the contract. The plan
must establish who is responsible for:

(1) notifying the commissioner, school district in which the charter school is located,
and parents of enrolled students about the closure;

(2) providing parents of enrolled students information and assistance to enable the student
to re-enroll in another school;

(3) transferring student records under section 124E.03, subdivision 5, paragraph (b), to
the student's resident school district; and

(4) closing financial operations.

deleted text begin (c) A charter school must design its programs to at least meet the outcomes adopted by
the commissioner for public school students, including world's best workforce goals under
section 120B.11, subdivision 1. In the absence of the commissioner's requirements governing
state standards and benchmarks, the school must meet the outcomes contained in the contract
with the authorizer. The achievement levels of the outcomes contained in the contract may
exceed the achievement levels of any outcomes adopted by the commissioner for public
school students.
deleted text end

Sec. 2.

Minnesota Statutes 2016, section 124E.10, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Pupil performance. new text end

new text begin (a) A charter school must design its programs to at least
meet the outcomes adopted by the commissioner for public school students including world's
best workforce goals under section 120B.11, subdivision 1. In the absence of the
commissioner's requirements governing state standards and benchmarks, the school must
meet the outcomes contained in the contract with the authorizer. The achievement levels of
the outcomes contained in the contract may exceed the achievement levels of any outcomes
adopted by the commissioner for public school students.
new text end

new text begin (b) Notwithstanding any other law to the contrary, a charter school where at least 70
percent of enrolled pupils are eligible to participate in the graduation incentives program
under section 124D.68, or where the charter school contract limits admission to pupils
eligible to participate in the graduation incentives program under section 124D.68, is subject
to statewide accountability measures applicable to public schools under chapter 120B, but
consistent with the alternative measures established under this paragraph and Minnesota
Graduation Standards. For eligible schools, the written charter contract under subdivision
1 between the charter school authorizer and the school's board of directors shall be based
on the student academic, career and college readiness, and student engagement performance
measures established under this paragraph.
new text end

new text begin (1) Thirty percent of any performance evaluation of a charter school under this paragraph
shall be based on longitudinal data showing student achievement and growth on a nationally
or state-normed assessment for groups of ten or more students who are continuously enrolled
in the charter school for at least 120 school days before the assessment is administered.
new text end

new text begin (2) Forty percent of any student performance evaluation of a charter school under this
paragraph shall be based on demonstrated growth in any four of the following postsecondary
and workforce readiness measures, as stipulated in the charter school contract and
demonstrated by the requisite evidence:
new text end

new text begin (i) a three-year average graduation rate for students who complete high school in four,
five, or six years;
new text end

new text begin (ii) a three-year graduation rate for noncontinuously enrolled students who complete
high school in seven years;
new text end

new text begin (iii) average student drop-out rate for students who leave the charter school in a single
year without pursuing an education alternative;
new text end

new text begin (iv) the participation rate and composite score of those students in a school year taking
a national postsecondary or workforce readiness assessment such as the ACT, PSAT, SAT,
ACCUPLACER, or ASVAB;
new text end

new text begin (v) the percentage of students in the 12th grade cohort, as identified by the number of
completed course credits at the beginning of the school year, who graduate within that
school year;
new text end

new text begin (vi) the percentage of students in a school year who successfully transfer to another
education program, including those leading to a diploma, credential or degree, or care and
treatment program;
new text end

new text begin (vii) the percentage of students in the previous school year who complete an education
program, receive a diploma, enroll in a postsecondary program or institution, enlist in the
military, or obtain full-time employment;
new text end

new text begin (viii) the percentage of students in a school year who successfully complete the number
of course credits they need to stay on track to graduate within an established timeline;
new text end

new text begin (ix) the percentage of students in a school year who successfully meet work certification
or preapprenticeship program requirements; or
new text end

new text begin (x) the percentage of students in a school year who earn dual enrollment credits through
the Postsecondary Enrollment Options Act under section 124D.09 or other dual credit
program.
new text end

new text begin (3) Thirty percent of any student performance evaluation of a charter school under this
paragraph shall be based on data from any three of the following student engagement
measures applied to groups of ten or more students who are continuously enrolled in the
charter school for at least 120 days:
new text end

new text begin (i) a three-year average daily attendance rate;
new text end

new text begin (ii) a demonstrated percentage improvement in attendance by a cohort;
new text end

new text begin (iii) a three-year average of the total number of days students are reported as truant;
new text end

new text begin (iv) the number of student dropouts who enroll in the school and remain continuously
enrolled throughout that school year;
new text end

new text begin (v) the percentage of students in a school year or a 12-month period who participate in
and demonstrate growth on character and social competency assessments measuring
decision-making skills, career readiness, education or aspiration goals, and similar
characteristics or competencies; or
new text end

new text begin (vi) the percentage of students in a school year who meet the community service goals
in their individual learning plan as measured by the charter school's citizenship and
community outcomes rubric.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and later.
new text end