SF 2546

as introduced - 87th Legislature (2011 - 2012) Posted on 04/19/2012 09:27am

A bill for an act
relating to education; empowering parents to request a school district intervene
in a persistently low-performing school; proposing coding for new law in
Minnesota Statutes, chapter 120B.

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

Section 1.

new text begin [120B.361] EMPOWERING PARENTS TO REQUEST SCHOOL
INTERVENTIONS.
new text end

new text begin (a) This section applies to those schools identified by the department as one of the
state's persistently low-performing schools under the federal School Improvement Grant
Program or the federal Elementary and Secondary Education Act.
new text end

new text begin (b) Notwithstanding any other law to the contrary, if at least one-half of the parents
or legal guardians of students attending one of the state's persistently low-performing
schools under paragraph (a), or a combination of at least one-half of the parents or legal
guardians of students attending that school and the parents or legal guardians of students
attending the elementary or middle schools that normally matriculate into that school,
sign a petition requesting the school board of the school district in which the school is
located to implement one of the four intervention models or other alternative governance
arrangement, then the school board must implement an intervention model or other
governance arrangement. The four intervention models include:
new text end

new text begin (1) a turnaround model requiring the district in which the school is located to replace
the school principal, allow the newly placed principal to determine who is hired into
licensed positions notwithstanding any other law to the contrary, adopt a new school
governance structure, and implement a new or revised instructional program;
new text end

new text begin (2) a restart model requiring the district in which the school is located to close
the school; reopen it under the management of a charter school operator, a charter
management organization, or an educational management organization, consistent with
section 124D.10; and, consistent with the grades served by the reopened school, admit any
former student seeking enrollment;
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new text begin (3) a school closure model requiring the district in which the school is located to
close the school and transfer the students enrolled in the school to high-achieving schools
in the district; and
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new text begin (4) a transformational model requiring the district in which the school is located to
transform the school by (i) developing teacher and principal effectiveness and replacing
the principal who led the school before implementing this model, (ii) implementing
comprehensive instructional reform strategies, (iii) extending learning and teacher
planning time and creating community-oriented schools, and (iv) providing operating
flexibility and sustained support.
new text end

new text begin If, on the date a school board receives a petition, the school that is the subject of the
petition is identified as one of the state's persistently low-performing schools, then that
school is subject to this section.
new text end

new text begin (c) The petition shall read as follows:
new text end

new text begin Petition to request Independent School District No. ......., intervene in the ....... school,
designated a persistently low-performing school by the Minnesota Department of
Education, by implementing the following intervention at the school: .......
new text end

new text begin SIGNER'S OATH new text end

new text begin "I swear (or affirm) that I know the contents and purpose of this petition and that I signed the petition only once on behalf of my child who attends the school that is the subject of this petition or attends a school that normally matriculates into the school that is the subject of this petition and of my own free will." new text end

new text begin ALL INFORMATION ON THIS PETITION IS SUBJECT TO PUBLIC INSPECTION. new text end

new text begin ALL INFORMATION MUST BE FILLED IN BY PERSON(S) SIGNING THIS PETITION UNLESS DISABILITY PREVENTS THE PERSON(S) FROM DOING SO. new text end

	new text begin DATE new text end	new text begin SIGNATURE new text end	new text begin PRINT FIRST, MIDDLE, AND LAST NAME new text end	new text begin RESIDENCE ADDRESS (number and street or route and box number) (Not a P.O. Box) new text end	new text begin SCHOOL DISTRICT new text end	new text begin SCHOOL new text end
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new text begin Each eligible student must be represented by only one parent or guardian on the
petition. Signature gatherers must not offer incentives or make threats to parents or
guardians to sign a petition. No person shall be harassed, threatened, or intimidated for
circulating or signing a petition. Signature gatherers must disclose if they are being paid
to gather signatures. All persons involved in signature gathering are subject to local
administrative policies governing access to school facilities. School officials must not use
school resources to impede the gathering of signatures. Petitioners may submit a petition
that complies with this section to the affected school board and must designate up to five
individuals who sign the petition as "lead petitioners" to help facilitate communication
between the school board and parents and guardians who sign the petition. Upon receiving
a petition, a school board may use simple random sampling to verify the signatures on
the petition can be counted under this section. The school board may contact parents or
guardians only to verify their signatures on the petition. If the school board finds errors
with petition signatures, it must immediately notify the lead petitioners and allow them to
resubmit the petition within 30 calendar days of notice if no substantive changes are made
to the petition. The school board shall then have 15 calendar days to determine whether
the errors were corrected. A resubmitted petition with substantive changes is deemed a
new petition and must be recirculated. The commissioner must post a sample petition on
the department Web site and each school district in which one of the state's persistently
low-performing schools is located must post a sample petition on the district Web site.
new text end

new text begin (d) A school board that receives a petition or a corrected resubmitted petition must
implement the intervention or other governance arrangement requested by the parents and
guardians in the petition.
new text end

new text begin (e) If eligible parents and guardians petition to reopen or restart a school as a charter
school, the school board must implement this option by converting the school to a charter
school at the beginning of the next academic year, consistent with section 124D.10.
new text end

new text begin (f) A school board that receives a petition must notify the commissioner in writing
of its receipt of the petition and the final disposition of that petition.
new text end

new text begin (g) No more than 20 schools shall be subject to a petition authorized under this
section. A petition is counted toward this limit when the commissioner receives notice
from a school board of its final disposition of that petition. A school board is not required
to implement the intervention or other governance arrangement requested by a petition if
the request is inconsistent with this section.
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new text begin EFFECTIVE DATE. new text end

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