SF 2201

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 06/21/2012 10:47am

A bill for an act
relating to education; clarifying terms for an education site achievement contract
focused on individualized learning goals for each student; directing districts with
successful contracts to enter into similar achievement contracts with other school
sites; amending Minnesota Statutes 2010, section 123B.04.

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

Section 1.

Minnesota Statutes 2010, section 123B.04, is amended to read:

123B.04 SITE DECISION-MAKING new text begin ; INDIVIDUALIZED LEARNING new text end
AGREEMENT new text begin ; OTHER AGREEMENTS new text end .

Subdivision 1.

Definition.

"Education site" means a separate facility. A program
within a facility or within a district is an education site if the school board recognizes it
as a site.

new text begin Subd. 1a. new text end

new text begin Individualized learning and instruction; improved student
achievement. new text end

new text begin To promote individualized learning and instruction and improve student
achievement under subdivisions 4 and 4a, a participating school board under this section
must consider how to:
new text end

new text begin (1) assist a school site to adapt instruction to the needs and aptitudes of individual
students, and establish goals and standards for individual students in addition to the state
academic standards applicable to all students;
new text end

new text begin (2) coordinate the pace of instruction and learning with the needs and aptitudes of
individual students at a school site;
new text end

new text begin (3) provide useful data and assist with research in developing and improving
innovative, cost-effective, research-based individualized learning, instruction, and
assessment under this section and section 124D.10;
new text end

new text begin (4) demonstrate and help evaluate instructional alternatives to age-based grade
progression;
new text end

new text begin (5) more effectively motivate students and teachers; and
new text end

new text begin (6) expand use of learning technology to support individualized learning, instruction,
assessment, and achievement.
new text end

Subd. 2.

Agreement.

(a) new text begin The school board and a school site may enter into an
agreement under this section solely to develop and implement an individualized learning
and achievement contract under subdivision 4.
new text end

new text begin (b) new text end Upon the request of 60 percent of the licensed employees of a site or a school
site decision-making team, the school board shall enter into discussions to reach an
agreement concerning the governance, management, or control of the school. A school
site decision-making team may include the school principal, teachers in the school or
their designee, other employees in the school, representatives of pupils in the school, or
other members in the community. A school site decision-making team must include at
least one parent of a pupil in the school. For purposes of formation of a new site, a school
site decision-making team may be a team of teachers that is recognized by the board as
a site. The school site decision-making team shall include the school principal or other
person having general control and supervision of the school. The site decision-making
team must reflect the diversity of the education site. At least one-half of the members
shall be employees of the district, unless an employee is the parent of a student enrolled
in the school site, in which case the employee may elect to serve as a parent member of
the site team.

deleted text begin (b) deleted text end new text begin (c) new text end School site decision-making agreements must delegate powers, duties, and
broad management responsibilities to site teams and involve staff members, students as
appropriate, and parents in decision making.

deleted text begin (c) deleted text end new text begin (d) new text end An agreement shall include a statement of powers, duties, responsibilities,
and authority to be delegated to and within the site.

deleted text begin (d) deleted text end new text begin (e) new text end An agreement may include:

(1) an achievement contract according to subdivision 4;

(2) a mechanism to allow principals, a site leadership team, or other persons having
general control and supervision of the school, to make decisions regarding how financial
and personnel resources are best allocated at the site and from whom goods or services
are purchased;

(3) a mechanism to implement parental involvement programs under section
124D.895 and to provide for effective parental communication and feedback on this
involvement at the site level;

(4) a provision that would allow the team to determine who is hired into licensed
and nonlicensed positions;

(5) a provision that would allow teachers to choose the principal or other person
having general control;

(6) an amount of revenue allocated to the site under subdivision 3; and

(7) any other powers and duties determined appropriate by the board.

The school board of the district remains the legal employer under clauses (4) and (5).

deleted text begin (e) deleted text end new text begin (f) new text end Any powers or duties not delegated to the school site management team in the
school site management agreement shall remain with the school board.

deleted text begin (f) deleted text end new text begin (g) new text end Approved agreements shall be filed with the commissioner. If a school board
denies a request or the school site and school board fail to reach an agreement to enter
into a school site management agreement, the school board shall provide a copy of the
request and the reasons for its denial to the commissioner.

deleted text begin (g) deleted text end new text begin (h) new text end A site decision-making grant program is established, consistent with this
subdivision, to allow sites to implement an agreement that at least:

(1) notwithstanding subdivision 3, allocates to the site all revenue that is attributable
to the students at that site;

(2) includes a provision, consistent with current law and the collective bargaining
agreement in effect, that allows the site team to decide who is selected from within the
district for licensed and nonlicensed positions at the site and to make staff assignments
in the site; and

(3) includes a completed performance agreement under subdivision 4.

The commissioner shall establish the form and manner of the application for a grant
and annually, at the end of each fiscal year, report to the house of representatives and
senate committees having jurisdiction over education on the progress of the program.

Subd. 3.

Revenue and cost allocation.

Revenue for a fiscal year received or
receivable by the district shall be allocated to education sites based on the agreement
between the school board and the site decision-making team. Revenue shall remain
allocated to each site until used by the site. The site teams and the board may enter an
agreement that permits the district to provide services and retain the revenue required to
pay for the services provided. The district remains responsible for legally entering into
contracts and expending funds. For the purposes of this subdivision, "allocation" means
that the determination of the use of the revenue shall be under the control of the site. The
district may charge the accounts of each site the actual costs of goods and services from
the general or capital funds attributable to the site.

Subd. 4.

Achievement contract.

A school board may enter a written education
site achievement contract with each site decision-making team for deleted text begin the purpose of deleted text end new text begin : (1) new text end
setting new text begin individualized new text end learning deleted text begin performance expectations deleted text end new text begin and achievement measures and
short- and long-term educational goals new text end for new text begin each student at new text end that site deleted text begin , including the goals
for improvement in each area of deleted text end new text begin ; (2) recognizing each student's educational needs and
aptitudes and levels of academic attainment, whether on grade level or above or below
grade level, so as to improve new text end student performance new text begin through such means as a cost-effective,
research-based formative assessment system designed to promote individualized learning
and assessment; (3) using student performance data to diagnose a student's academic
strengths and weaknesses and indicate to the student's teachers the specific skills and
concepts that need to be introduced to the student and developed through academic
instruction or applied learning, organized by strands within subject areas and linked to
state and local academic standards new text end during the next year, deleted text begin a plan to assist deleted text end new text begin consistent with
the student's short- and long-term educational goals; and (4) assisting new text end the education site
if deleted text begin their deleted text end new text begin progress in achieving student or contract new text end goals deleted text begin are not achieved, and deleted text end new text begin or new text end other
performance expectations deleted text begin and deleted text end new text begin or new text end measures deleted text begin determined deleted text end new text begin agreed to new text end by the board and the site
decision-making team new text begin are not realized or implemented new text end .

new text begin Subd. 4a. new text end

new text begin Additional site agreements premised on successful achievement
contracts. new text end

new text begin A school board that enters into a written education achievement contract
with a school site under subdivision 4 where the student performance data at the site
demonstrate at least three consecutive school years of improved student achievement
consistent with the terms of the achievement contract must seek to establish a similar
achievement contract with other school sites in the district.
new text end

Subd. 5.

Commissioner's role.

The commissioner of education, in consultation
with appropriate educational organizations, shall:

(1) upon request, provide technical support for districts and sites with agreements
under this section;

(2) conduct and compile research on the effectiveness of site decision making; and

(3) periodically report on and evaluate the effectiveness of site management
agreements on a statewide basis.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end