HF 2605

as introduced - 87th Legislature (2011 - 2012) Posted on 02/29/2012 01:40pm

A bill for an act
relating to education finance; clarifying shared time aid for home-schooled
students attending charter schools; amending Minnesota Statutes 2010, section
126C.19, subdivision 2; Minnesota Statutes 2011 Supplement, section 124D.10,
subdivision 8.

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

Section 1.

Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 8,
is amended to read:

Subd. 8.

Federal, state, and local requirements.

(a) A charter school shall meet all
federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.

(c) A school authorized by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.

(d) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. An authorizer may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution. A charter school student must be released for religious instruction, consistent
with section 120A.22, subdivision 12, clause (3).

(e) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled. new text begin This paragraph does not
apply to shared time aid generated under section 126C.19, subdivision 2, paragraph (b).
new text end

(f) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.

(g) A charter school may not charge tuition.

(h) A charter school is subject to and must comply with chapter 363A and section
121A.04.

(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(j) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the federal Single Audit Act, if applicable,
and section 6.65. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and
471.425. The audit must comply with the requirements of sections 123B.75 to 123B.83,
except to the extent deviations are necessary because of the program at the school.
Deviations must be approved by the commissioner and authorizer. The Department of
Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
or compliance audits. A charter school determined to be in statutory operating debt under
sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

(k) A charter school is a district for the purposes of tort liability under chapter 466.

(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.

(m) A charter school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(n) A charter school offering online courses or programs must comply with section
124D.095.

(o) A charter school and charter school board of directors are subject to chapter 181.

(p) A charter school must comply with section 120A.22, subdivision 7, governing
the transfer of students' educational records and sections 138.163 and 138.17 governing
the management of local records.

(q) A charter school that provides early childhood health and developmental
screening must comply with sections 121A.16 to 121A.19.

(r) A charter school that provides school-sponsored youth athletic activities must
comply with section 121A.38.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2014
and later.
new text end

Sec. 2.

Minnesota Statutes 2010, section 126C.19, subdivision 2, is amended to read:

Subd. 2.

Exception.

new text begin (a) new text end Notwithstanding subdivision 1, the resident district of a
shared time pupil attending shared time classes in another district may grant the district
of attendance, upon its request, permission to claim the pupil as a resident for state aid
purposes. In this case, state aid must be paid to the district of attendance and, upon
agreement, the district of attendance may bill the resident district for any unreimbursed
education costs, but not for unreimbursed transportation costs. The agreement may,
however, provide for the resident district to pay the cost of any of the particular
transportation categories specified in section 123B.92, subdivision 1, and in this case, aid
for those categories must be paid to the district of residence rather than to the district
of attendance.

new text begin (b) Notwithstanding subdivision 1, the resident district of a shared time pupil
attending shared time classes at a charter school and who otherwise fulfills the
requirements of section 120A.22 by attendance at a home school must grant the charter
school of attendance, upon its request, permission to claim the pupil as a resident for state
aid purposes. In this case, shared time aid must be paid to the charter school of attendance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2014
and later.
new text end