CHAPTER 27--H.F.No. 1092
relating to education; allowing teachers taking early retirement to
continue coaching; modifying the application deadline for certain charter school
authorizers;amending Minnesota Statutes 2010, sections 122A.48, subdivision
3; 124D.10, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2010, section 122A.48, subdivision 3, is amended to
Subd. 3. Employment as substitute.
Notwithstanding the provisions of subdivision
2, a teacher who has entered into an agreement for termination of services and withdrawal
from active teaching service with an early retirement incentive may be employed as a
substitute teacher or coach
EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2010, 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.
"Affidavit" means the form an authorizer submits to the commissioner that is a
precondition to a charter school organizing an affiliated nonprofit building corporation
under subdivision 17a.
(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
(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
(ii) is registered with the attorney general's office;
(iii) reports an end-of-year fund balance of at least $2,000,000; and
(iv) is incorporated in the state of Minnesota;
(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
(4) a nonprofit corporation subject to chapter 317A, described in section
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.
(5) no more than three 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 and shall not limit the applications it solicits,
considers, or approves to any single curriculum, learning program, or method.
(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 60 business days of the application deadline. If the commissioner disapproves
the application, the commissioner must notify the applicant of the deficiencies and the
applicant then has 20 business days to address the deficiencies to the commissioner's
satisfaction. 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) The affidavit to be submitted to and evaluated by the commissioner must include
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, which will include at least the following:
(i) how the statutory purposes defined in subdivision 1 are addressed;
(ii) the mission, goals, program model, and student performance expectations;
(iii) an evaluation plan for the school that includes criteria for evaluating educational,
organizational, and fiscal plans;
(iv) the school's governance plan;
(v) the financial management plan; and
(vi) the administration and operations plan;
(4) a description of the type of contract it will arrange with the schools it charters
that meets the provisions of subdivision 6 and defines the rights and responsibilities of the
charter school for governing its educational program, controlling its funds, and making
school management decisions;
(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) 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
(7) an assurance specifying that the organization is committed to serving as an
authorizer for the full five-year term.
A disapproved applicant under this paragraph may resubmit an application during a
future application period.
(e) The authorizer must participate in department-approved training.
(f) An authorizer that chartered a school before August 1, 2009, must apply by June
, 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.
(g) 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.
(h) 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; or
(3) unsatisfactory performance as an approved authorizer.
EFFECTIVE DATE.This section is effective the day following final enactment.
Presented to the governor May 16, 2011
Signed by the governor May 18, 2011, 9:33 a.m.