Bill Text: MN HF998 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Charter schools additional accountability provided.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-03-11 - Author added Erickson, S. [HF998 Detail]
Download: Minnesota-2013-HF998-Introduced.html
1.2relating to education; providing additional accountability for charter schools;
1.3amending Minnesota Statutes 2012, section 124D.10, subdivision 23.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 124D.10, subdivision 23, is amended to
1.6read:
1.7 Subd. 23. Causes for nonrenewal or termination of charter school contract. (a)
1.8The duration of the contract with an authorizer must be for the term contained in the
1.9contract according to subdivision 6. The authorizer may or may not renew a contract at
1.10the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
1.11terminate a contract during the term of the contract for any ground listed in paragraph (b).
1.12At least 60 business days before not renewing or terminating a contract, the authorizer
1.13shall notify the board of directors of the charter school of the proposed action in writing.
1.14The notice shall state the grounds for the proposed action in reasonable detail and that the
1.15charter school's board of directors may request in writing an informal hearing before the
1.16authorizer within 15 business days of receiving notice of nonrenewal or termination of
1.17the contract. Failure by the board of directors to make a written request for an informal
1.18hearing within the 15-business-day period shall be treated as acquiescence to the proposed
1.19action. Upon receiving a timely written request for a hearing, the authorizer shall give ten
1.20business days' notice to the charter school's board of directors of the hearing date. The
1.21authorizer shall conduct an informal hearing before taking final action. The authorizer
1.22shall take final action to renew or not renew a contract no later than 20 business days
1.23before the proposed date for terminating the contract or the end date of the contract.
1.24 (b) A contract may be terminated or not renewed upon any of the following grounds:
2.1 (1) failure to meet the requirements for pupil performance contained in the contract;
2.2 (2) failure to meet generally accepted standards of fiscal management;
2.3 (3) violations of law; or
2.4 (4) other good cause shown.
2.5 If a contract is terminated or not renewed under this paragraph, the school must be
2.6dissolved according to the applicable provisions of chapter 317A.
2.7 (c) If the authorizer and the charter school board of directors mutually agree to
2.8terminate or not renew the contract, a change in authorizers is allowed if the commissioner
2.9approves the change to a different eligible authorizer to authorize the charter school.
2.10Both parties must jointly submit their intent in writing to the commissioner to mutually
2.11terminate the contract. The authorizer that is a party to the existing contract must inform
2.12the proposed authorizer about the fiscal and operational status and student performance
2.13of the school. Before the commissioner determines whether to approve a change in
2.14authorizer, the proposed authorizer must identify any outstanding issues in the proposed
2.15charter contract that were unresolved in the previous charter contract and have the charter
2.16school agree to resolve those issues. If no change in authorizer is approved, the school
2.17must be dissolved according to applicable law and the terms of the contract.
2.18 (d) The commissioner, after providing reasonable notice to the board of directors of
2.19a charter school and the existing authorizer, and after providing an opportunity for a public
2.20hearing, may terminate the existing contract between the authorizer and the charter school
2.21board if the charter school has a history of:
2.22 (1) failure to meet pupil performance requirements consistent with state law;
2.23 (2) financial mismanagement or failure to meet generally accepted standards of
2.24fiscal management; or
2.25 (3) repeated or major violations of the law.
2.26(e) Notwithstanding other provisions of this subdivision, the authorizer of a charter
2.27school may terminate an existing contract between the authorizer and the charter school at
2.28the end of the current school year, after notifying the charter school board of directors
2.29by December 1, if in each of the previous three consecutive school years the charter
2.30school was in the bottom 25th percentile of all schools that received the state's multiple
2.31measurements rating unless the school was in the top 75th percentile of all schools that
2.32received the state's focus rating in any of those three previous years under the waiver
2.33from the federal Elementary and Secondary Education Act. If the authorizer chooses not
2.34to terminate the existing contract under these conditions, the authorizer must submit
2.35a public, written justification of the decision to the commissioner by December 1. The
2.36commissioner may use this decision as a factor in reviewing the authorizer's performance
3.1under subdivision 3, paragraph (i). The multiple measurements and focus ratings identified
3.2in this paragraph are minimum conditions and are not intended to discourage and do not
3.3prevent an authorizer from closing schools which do not meet these conditions. This
3.4paragraph does not apply to a charter school:
3.5(1) that has limited admission to students eligible to participate in the graduation
3.6incentives programs under section 124D.68;
3.7(2) where 70 percent or more of enrolled students are eligible to participate in the
3.8graduation incentives programs under section 124D.68; or
3.9(3) where 50 percent or more of enrolled students are eligible students with
3.10disabilities.
3.11EFFECTIVE DATE.This section is effective July 1, 2013, and applies to multiple
3.12measurements ratings and focus ratings from the 2010-2011 school year and later.
1.3amending Minnesota Statutes 2012, section 124D.10, subdivision 23.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 124D.10, subdivision 23, is amended to
1.6read:
1.7 Subd. 23. Causes for nonrenewal or termination of charter school contract. (a)
1.8The duration of the contract with an authorizer must be for the term contained in the
1.9contract according to subdivision 6. The authorizer may or may not renew a contract at
1.10the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
1.11terminate a contract during the term of the contract for any ground listed in paragraph (b).
1.12At least 60 business days before not renewing or terminating a contract, the authorizer
1.13shall notify the board of directors of the charter school of the proposed action in writing.
1.14The notice shall state the grounds for the proposed action in reasonable detail and that the
1.15charter school's board of directors may request in writing an informal hearing before the
1.16authorizer within 15 business days of receiving notice of nonrenewal or termination of
1.17the contract. Failure by the board of directors to make a written request for an informal
1.18hearing within the 15-business-day period shall be treated as acquiescence to the proposed
1.19action. Upon receiving a timely written request for a hearing, the authorizer shall give ten
1.20business days' notice to the charter school's board of directors of the hearing date. The
1.21authorizer shall conduct an informal hearing before taking final action. The authorizer
1.22shall take final action to renew or not renew a contract no later than 20 business days
1.23before the proposed date for terminating the contract or the end date of the contract.
1.24 (b) A contract may be terminated or not renewed upon any of the following grounds:
2.1 (1) failure to meet the requirements for pupil performance contained in the contract;
2.2 (2) failure to meet generally accepted standards of fiscal management;
2.3 (3) violations of law; or
2.4 (4) other good cause shown.
2.5 If a contract is terminated or not renewed under this paragraph, the school must be
2.6dissolved according to the applicable provisions of chapter 317A.
2.7 (c) If the authorizer and the charter school board of directors mutually agree to
2.8terminate or not renew the contract, a change in authorizers is allowed if the commissioner
2.9approves the change to a different eligible authorizer to authorize the charter school.
2.10Both parties must jointly submit their intent in writing to the commissioner to mutually
2.11terminate the contract. The authorizer that is a party to the existing contract must inform
2.12the proposed authorizer about the fiscal and operational status and student performance
2.13of the school. Before the commissioner determines whether to approve a change in
2.14authorizer, the proposed authorizer must identify any outstanding issues in the proposed
2.15charter contract that were unresolved in the previous charter contract and have the charter
2.16school agree to resolve those issues. If no change in authorizer is approved, the school
2.17must be dissolved according to applicable law and the terms of the contract.
2.18 (d) The commissioner, after providing reasonable notice to the board of directors of
2.19a charter school and the existing authorizer, and after providing an opportunity for a public
2.20hearing, may terminate the existing contract between the authorizer and the charter school
2.21board if the charter school has a history of:
2.22 (1) failure to meet pupil performance requirements consistent with state law;
2.23 (2) financial mismanagement or failure to meet generally accepted standards of
2.24fiscal management; or
2.25 (3) repeated or major violations of the law.
2.26(e) Notwithstanding other provisions of this subdivision, the authorizer of a charter
2.27school may terminate an existing contract between the authorizer and the charter school at
2.28the end of the current school year, after notifying the charter school board of directors
2.29by December 1, if in each of the previous three consecutive school years the charter
2.30school was in the bottom 25th percentile of all schools that received the state's multiple
2.31measurements rating unless the school was in the top 75th percentile of all schools that
2.32received the state's focus rating in any of those three previous years under the waiver
2.33from the federal Elementary and Secondary Education Act. If the authorizer chooses not
2.34to terminate the existing contract under these conditions, the authorizer must submit
2.35a public, written justification of the decision to the commissioner by December 1. The
2.36commissioner may use this decision as a factor in reviewing the authorizer's performance
3.1under subdivision 3, paragraph (i). The multiple measurements and focus ratings identified
3.2in this paragraph are minimum conditions and are not intended to discourage and do not
3.3prevent an authorizer from closing schools which do not meet these conditions. This
3.4paragraph does not apply to a charter school:
3.5(1) that has limited admission to students eligible to participate in the graduation
3.6incentives programs under section 124D.68;
3.7(2) where 70 percent or more of enrolled students are eligible to participate in the
3.8graduation incentives programs under section 124D.68; or
3.9(3) where 50 percent or more of enrolled students are eligible students with
3.10disabilities.
3.11EFFECTIVE DATE.This section is effective July 1, 2013, and applies to multiple
3.12measurements ratings and focus ratings from the 2010-2011 school year and later.
