SF 836

as introduced - 88th Legislature (2013 - 2014) Posted on 04/26/2013 09:01am

A bill for an act
relating to education; providing additional accountability for charter schools;
amending Minnesota Statutes 2012, section 124D.10, subdivision 23.

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

Section 1.

Minnesota Statutes 2012, section 124D.10, subdivision 23, is amended to
read:

Subd. 23.

Causes for nonrenewal or termination of charter school contract.

(a)
The duration of the contract with an authorizer must be for the term contained in the
contract according to subdivision 6. The authorizer may or may not renew a contract at
the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
terminate a contract during the term of the contract for any ground listed in paragraph (b).
At least 60 business days before not renewing or terminating a contract, the authorizer
shall notify the board of directors of the charter school of the proposed action in writing.
The notice shall state the grounds for the proposed action in reasonable detail and that the
charter school's board of directors may request in writing an informal hearing before the
authorizer within 15 business days of receiving notice of nonrenewal or termination of
the contract. Failure by the board of directors to make a written request for an informal
hearing within the 15-business-day period shall be treated as acquiescence to the proposed
action. Upon receiving a timely written request for a hearing, the authorizer shall give ten
business days' notice to the charter school's board of directors of the hearing date. The
authorizer shall conduct an informal hearing before taking final action. The authorizer
shall take final action to renew or not renew a contract no later than 20 business days
before the proposed date for terminating the contract or the end date of the contract.

(b) A contract may be terminated or not renewed upon any of the following grounds:

(1) failure to meet the requirements for pupil performance contained in the contract;

(2) failure to meet generally accepted standards of fiscal management;

(3) violations of law; or

(4) other good cause shown.

If a contract is terminated or not renewed under this paragraph, the school must be
dissolved according to the applicable provisions of chapter 317A.

(c) If the authorizer and the charter school board of directors mutually agree to
terminate or not renew the contract, a change in authorizers is allowed if the commissioner
approves the change to a different eligible authorizer to authorize the charter school.
Both parties must jointly submit their intent in writing to the commissioner to mutually
terminate the contract. The authorizer that is a party to the existing contract must inform
the proposed authorizer about the fiscal and operational status and student performance
of the school. Before the commissioner determines whether to approve a change in
authorizer, the proposed authorizer must identify any outstanding issues in the proposed
charter contract that were unresolved in the previous charter contract and have the charter
school agree to resolve those issues. If no change in authorizer is approved, the school
must be dissolved according to applicable law and the terms of the contract.

(d) The commissioner, after providing reasonable notice to the board of directors of
a charter school and the existing authorizer, and after providing an opportunity for a public
hearing, may terminate the existing contract between the authorizer and the charter school
board if the charter school has a history of:

(1) failure to meet pupil performance requirements consistent with state law;

(2) financial mismanagement or failure to meet generally accepted standards of
fiscal management; or

(3) repeated or major violations of the law.

new text begin (e) Notwithstanding other provisions of this subdivision, the authorizer of a charter
school may terminate an existing contract between the authorizer and the charter school at
the end of the current school year, after notifying the charter school board of directors
by December 1, if in each of the previous three consecutive school years the charter
school was in the bottom 25th percentile of all schools that received the state's multiple
measurements rating unless the school was in the top 75th percentile of all schools that
received the state's focus rating in any of those three previous years under the waiver
from the federal Elementary and Secondary Education Act. If the authorizer chooses not
to terminate the existing contract under these conditions, the authorizer must submit
a public, written justification of the decision to the commissioner by December 1. The
commissioner may use this decision as a factor in reviewing the authorizer's performance
under subdivision 3, paragraph (i). The multiple measurements and focus ratings identified
in this paragraph are minimum conditions and are not intended to discourage and do not
prevent an authorizer from closing schools which do not meet these conditions. This
paragraph does not apply to a charter school:
new text end

new text begin (1) that has limited admission to students eligible to participate in the graduation
incentives programs under section 124D.68;
new text end

new text begin (2) where 70 percent or more of enrolled students are eligible to participate in the
graduation incentives programs under section 124D.68; or
new text end

new text begin (3) where 50 percent or more of enrolled students are eligible students with
disabilities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013, and applies to multiple
measurements ratings and focus ratings from the 2010-2011 school year and later.
new text end