Bill Text: MN SF1821 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Innovation schools and zones establishment
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-02-13 - Referred to Education [SF1821 Detail]
Download: Minnesota-2011-SF1821-Introduced.html
1.2relating to education; creating innovation schools and zones; amending certain
1.3employment provisions;amending Minnesota Statutes 2010, sections 126C.10,
1.4by adding a subdivision; 179A.03, by adding a subdivision; 179A.13, subdivision
1.51; Minnesota Statutes 2011 Supplement, section 126C.10, subdivision 1;
1.6proposing coding for new law in Minnesota Statutes, chapters 123B; 179A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [123B.046] INNOVATION SCHOOLS.
1.9 Subdivision 1. Purpose. The purpose of this section is to:
1.10(1) encourage school districts, where appropriate, to create and manage a portfolio
1.11of schools that meet a variety of educational needs, including identifying elementary,
1.12middle or junior high, and high schools to collectively operate as a vertically integrated
1.13innovation zone of schools; and
1.14(2) encourage innovation in education by providing local school communities and
1.15principals with greater control over levels of staffing, personnel selection and evaluation,
1.16scheduling, and educational programming with the goal of improved student achievement.
1.17 Subd. 2. Applicability. This section applies only to innovation schools operated
1.18under this section.
1.19 Subd. 3. Innovation plan. An innovation plan submitted to the school board under
1.20subdivision 4 or 5 must include:
1.21(1) a statement of the school's mission and why designation as an innovation school
1.22would enhance the school's ability to achieve its mission;
1.23(2) a description of the innovations the school would implement, including school
1.24staffing, curriculum, and assessment; class scheduling; use of financial and other resources;
1.25and faculty recruitment, employment, evaluation, and compensation;
2.1(3) a listing of the programs, policies, or operational documents within the school
2.2that would be affected by the school's identified innovations and the manner in which
2.3they would be affected, including:
2.4(i) the research-based educational program to be implemented;
2.5(ii) the length of the school day and the school year;
2.6(iii) student promotion and graduation policies;
2.7(iv) the assessment plan;
2.8(v) the proposed budget for the school; and
2.9(vi) the proposed staffing plan for the school;
2.10(4) an identification of the improvements in academic performance that the school
2.11expects to achieve in implementing the innovations;
2.12(5) qualifications for persons holding administrative, supervisory, or instructional
2.13leadership roles, if persons without an administrator's license may fill these positions;
2.14(6) an estimate of the cost savings and increased efficiencies, if any, the school
2.15expects to achieve in implementing its identified innovations;
2.16(7) a description of any statutory sections or any regulatory or district policy
2.17requirements that would need to be waived for the school to implement its identified
2.18innovations;
2.19(8) a description of how the school will comply with the intent of any provision
2.20waived under clause (7);
2.21(9) a description of any provision of the collective bargaining agreements in effect
2.22for the personnel at the school that would need to be waived to implement the identified
2.23innovations;
2.24(10) a description of the transportation responsibilities to be retained by the school
2.25district and those to be transferred to the school; and
2.26(11) necessary indemnification agreements and a statement of the liability
2.27responsibilities of the school district, the school board, the school, the principal or other
2.28person with general control and supervision of the school, and other school administrators.
2.29 Subd. 4. Encouraged innovations. In considering or creating an innovation
2.30plan, schools and school boards are strongly encouraged to consider innovations in the
2.31following areas:
2.32(1) curriculum and academic standards and assessments;
2.33(2) accountability measures, including expanding the use of a variety of
2.34accountability measures to more accurately present a complete measure of student
2.35learning and accomplishment, including use of:
2.36(i) graduation or exit examinations;
3.1(ii) end-of-course examinations;
3.2(iii) student portfolio reviews;
3.3(iv) national and international accountability measures such as the national
3.4assessment of education progress, the program for international student assessment, and
3.5trends in international mathematics and science study for years that Minnesota participates;
3.6(v) measures of the percentage of students continuing into higher education; and
3.7(vi) measures of the percentage of students simultaneously obtaining a high school
3.8diploma and an associate's degree or a career and technical education certificate;
3.9(3) provision of services, including special education services; services for gifted and
3.10talented students; services for students for whom English is not the dominant language;
3.11education services for students at risk of academic failure, expulsion, or dropping out;
3.12and support services provided by the Department of Human Services or county social
3.13services agencies;
3.14(4) teacher recruitment, employment, training, preparation, and professional
3.15development;
3.16(5) performance expectations and evaluation procedures for teachers and principals;
3.17(6) compensation for teachers, principals, and other school personnel, including
3.18performance pay plans, total compensation plans, and other innovations with regard to
3.19retirement and other benefits;
3.20(7) school governance and the roles, responsibilities, and expectations of principals;
3.21(8) preparation and counseling of students for transition to higher education or the
3.22work force, including assessment of college and career readiness;
3.23(9) systems for identifying and following students from birth to college; and
3.24(10) systems for merging early childhood education with the kindergarten through
3.25grade 16 continuum.
3.26 Subd. 5. Voluntary plan submission, review, and adoption. (a) A school may
3.27submit a plan under subdivision 3 to the school board. The school principal or other
3.28person having general control and supervision of the school may initiate the formation of
3.29a plan with the teachers, administrators, staff, and parents of the school. In addition to
3.30the requirements of subdivision 3, a plan submitted under this subdivision must include a
3.31timeline for implementation.
3.32(b) Upon receipt of the plan by the school board, the board must review the plan and
3.33approve or disapprove the plan within 60 days of receiving the plan from a school. If the
3.34school board rejects the plan, the board must provide a written explanation of the basis for
3.35its decision. A school may resubmit a plan at any time.
4.1(c) After a school board has approved the plan, the plan must be sent to the
4.2commissioner of education for review and publication. The commissioner shall publish
4.3the plan and any submitted process documentation on the department's Web site within
4.460 days of receipt.
4.5 Subd. 6. Mandatory plan submission, review, and adoption. (a) A school must
4.6submit a petition under subdivision 3 to the school board if:
4.7(1) at least 51 percent of the school staff, including at least 51 percent of the teachers
4.8in the school, sign a petition and submit it to the school principal or other person having
4.9general control and supervision of the school;
4.10(2) at least 51 percent of all parents and guardians of students currently attending the
4.11school sign a petition and submit it to the school principal or other person having general
4.12control and supervision of the school; or
4.13(3) beginning in the 2014-2015 school year, 50 percent or more of the students in
4.14the school are (i) not proficient under section 120B.36 and low growth under section
4.15120B.35 or (ii) not proficient under section 120B.36 and medium growth under section
4.16120B.35 for two consecutive years, unless the school is becoming a site-governed school
4.17under section 123B.045.
4.18(b) During the school year following any of the conditions in paragraph (a), the
4.19principal or other person with general control and supervision of the school must convene
4.20a transition team consisting of school administrators, teachers, and parents to develop an
4.21innovation plan under subdivision 3. By the end of that school year, an innovation plan
4.22must be submitted to the school board for approval. Upon receipt of the plan by the school
4.23board, the board must review the plan and approve or disapprove the plan within 60 days.
4.24If the school board rejects the plan, the board must provide a written explanation of the
4.25basis for its decision. The school then has 45 days to resubmit the plan. The school board
4.26must review the plan and approve or disapprove the plan within 60 days. If the board
4.27again rejects the plan, the board must make the second proposal public, meet with the
4.28school's transition team, provide a forum for public comment, and after receiving public
4.29comment, adopt an innovation plan for the school with the school's transition team within
4.3060 days of rejecting the resubmitted plan.
4.31(c) After a school board has approved the plan, the plan must be sent to the
4.32commissioner of education for review and publication. The commissioner shall publish
4.33the plan and any submitted process documentation on the department's Web site within
4.3460 days of receipt.
4.35(d) The school must implement the plan beginning the second school year following
4.36final approval from the school board.
5.1 Subd. 7. Exemption from statutes and rules. A school with an approved and
5.2implemented innovation plan is exempt from all statutes and rules applicable to a school,
5.3school board, or school district unless a statute or rule is made specifically applicable to an
5.4innovation school or is included in this section.
5.5 Subd. 8. Federal, state, and local requirements. (a) An innovation school shall
5.6meet all federal, state, and local health and safety requirements applicable to school
5.7districts.
5.8 (b) An innovation school must comply with statewide accountability requirements
5.9governing standards and assessments in chapter 120B.
5.10 (c) The primary focus of an innovation school must be to provide a comprehensive
5.11program of instruction for at least one grade or age group from five through 18 years
5.12of age. Instruction may be provided to people younger than five years and older than
5.1318 years of age.
5.14 (d) An innovation school may not charge tuition.
5.15 (e) An innovation school is subject to and must comply with chapter 363A and
5.16section121A.04 .
5.17 (f) An innovation school is subject to and must comply with the Pupil Fair Dismissal
5.18Act, sections121A.40 to
121A.575 , and the Minnesota Public School Fee Law, sections
5.19123B.34 to
123B.39 .
5.20 (g) An innovation school must comply with chapters 13 and 13D; and sections
5.21120A.22, subdivision 7 ;
121A.75 ; and
260B.171 , subdivisions 3 and 5.
5.22 (h) An innovation school is subject to the Pledge of Allegiance requirement under
5.23section121A.11, subdivision 3 .
5.24 (i) An innovation school offering online courses or programs must comply with
5.25section124D.095 .
5.26 (j) An innovation school is subject to chapter 181.
5.27 (k) An innovation school must comply with section120A.22, subdivision 7 ,
5.28governing the transfer of students' educational records and sections138.163 and
138.17
5.29governing the management of local records.
5.30 (l) An innovation school that provides early childhood health and developmental
5.31screening must comply with sections121A.16 to
121A.19 .
5.32(m) An innovation school that provides school-sponsored youth athletic activities
5.33must comply with section 121A.38.
5.34 Subd. 9. Review. Three school years after the initial implementation of the
5.35innovation plan and every five years thereafter, the school board must review the level
5.36of performance of the innovation school and determine whether the innovation school
6.1is achieving or making adequate progress toward achieving the academic performance
6.2results in the school's innovation plan. The school board, in collaboration with the
6.3innovation school, may revise any portion of the innovation plan. If the board determines
6.4that the school is achieving or making adequate progress toward achieving the school's
6.5academic performance results, any change to the plan requires the consent of a majority of
6.6the school's teachers and a majority of the school's administrators. If the board determines
6.7that the school is not achieving or making adequate progress toward achieving the school's
6.8academic performance results, the board may revoke the school's innovation plan effective
6.9the next school year or may approve the school's maintaining innovation status with
6.10changes to the innovation plan. If the changes to an innovation plan agreed to by the
6.11school and school board include new waivers of state statutes, laws, or rules, the revised
6.12plan must be sent to the commissioner for approval consistent with the commissioner's
6.13approval process in subdivision 4, paragraph (c).
6.14 Subd. 10. Employment and other operating matters. (a) An innovation school
6.15must employ or contract with necessary teachers, as defined by section122A.15,
6.16subdivision 1 , who hold valid licenses to perform the particular service for which they are
6.17employed in the school. The innovation school's state aid may be reduced under section
6.18127A.43 if the school employs a teacher who is not appropriately licensed or approved
6.19by the Board of Teaching. The school may employ necessary employees who are not
6.20required to hold teaching licenses to perform duties other than teaching and may contract
6.21for other services. The school may discharge teachers and nonlicensed employees.
6.22The innovation school is subject to section181.932 . When offering employment to a
6.23prospective employee, an innovation school must give that employee a written description
6.24of the terms and conditions of employment and the school's personnel policies.
6.25 (b) A person, without holding a valid administrator's license, may perform
6.26administrative, supervisory, or instructional leadership duties if included in the innovation
6.27plan.
6.28 Subd. 11. Collective bargaining. An innovation school may waive any term or
6.29condition of a collective bargaining agreement, consistent with section 179A.227, if the
6.30waiver was included in the innovation plan approved by the board. Any waiver stays
6.31in effect until the innovation plan is amended or the school is no longer an innovation
6.32school. A person who is a member of a collective bargaining unit and is employed at a
6.33school where an innovation plan has been adopted but not yet implemented, may request
6.34a transfer to another school within the district under section 122A.40 or 122A.41. The
6.35school board must make every reasonable effort to accommodate these transfer requests.
7.1 Subd. 12. Teacher and other employee retirement. (a) Teachers in an innovation
7.2school must be public school teachers for the purposes of chapters 354 and 354A.
7.3 (b) Except for teachers under paragraph (a), employees in an innovation school must
7.4be public employees for the purposes of chapter 353.
7.5 Sec. 2. [123B.047] INNOVATION SCHOOL FINANCING.
7.6 Subdivision 1. Revenue to innovation school. (a) The revenue that shall be
7.7allocated to the innovation school includes the general education revenue generated by
7.8the students at the school from state, local, and private sources; referendum revenue; and
7.9federal revenue from the Elementary and Secondary Education Act, the Individuals with
7.10Disabilities Education Act, the Carl Perkins Act, and other federal programs.
7.11(b) The district may retain an administrative fee for managing the federal
7.12programs, private revenues, and general administrative functions including school board,
7.13superintendent, district legal counsel, finance, accountability and self-governed school
7.14contract oversight, facilities maintenance, districtwide special education programs, and
7.15other such services as agreed to in the innovation plan.
7.16(c) As part of the agreement, the district may provide specific services for the
7.17innovation school and may specify the amount to be paid for each service and retain the
7.18revenues for that amount. The formula or procedures for determining the amount of
7.19revenue to be allocated to the innovation school each year shall be consistent with this
7.20subdivision and incorporated in the site budget annually following a timeline and process
7.21that is included in the agreement with the school board. The school is responsible for
7.22allocating revenue for all staff at the site and for the other provisions of the agreement
7.23with the school board.
7.24(d) All innovation revenue under section 126C.10, subdivision 37, attributable to
7.25the pupils of the innovation school must be passed to the innovation school for use in
7.26implementing and evaluating the school's innovation plan.
7.27(e) All unspent revenue shall be carried over to following years for the sole use
7.28of the innovation school.
7.29 Subd. 2. Aid reductions for violations. The commissioner may reduce the state
7.30aid under section 127A.42 or 127A.43 to a school district with an innovation school if
7.31that school fails to correct a violation under section 123B.046. The commissioner may
7.32reduce the district's state aid by an amount not to exceed 60 percent of the total basic
7.33revenue allocated to the innovation school during the period of time that a violation of law
7.34occurs. The reduction in revenue must be allocated by the school district to the innovation
7.35school under subdivision 1.
8.1 Subd. 3. Gifts and grants. A school developing or implementing an innovation
8.2plan is authorized to seek and accept public and private gifts, grants, and donations to
8.3offset the costs of developing and implementing innovation plans.
8.4 Sec. 3. [123B.048] INNOVATION ZONES.
8.5 Subdivision 1. Creation and membership. (a) A school board may approve
8.6innovation zones within the school district. An innovation zone consists of more than one
8.7innovation school that shares an educational relationship, such as geographical location,
8.8educational focus, or sequential service to students as they progress from prekindergarten
8.9through elementary and secondary education. A group of innovation schools may petition
8.10the board to create an innovation zone. Schools submitting proposals under section
8.11123B.046, subdivision 4, may include in their proposal the creation of an innovation zone.
8.12A proposal to create an innovation zone must include:
8.13(1) the prekindergarten, elementary, and secondary schools and higher education
8.14institutions that will be initial members of the innovation zone;
8.15(2) a description of how innovations in the zone would be integrated to achieve
8.16results that would be less likely to be accomplished by each public school working
8.17alone; and
8.18(3) an estimate of any economies of scale that would be achieved by innovations
8.19implemented jointly by the public schools within the innovation zone.
8.20(b) If the proposal to create the innovation zone comes from existing innovation
8.21schools, the school board must review and either accept or reject the proposal within 60
8.22days. If the school board rejects the plan, the board must provide a written explanation of
8.23the basis for its decision. The schools may amend and resubmit a plan at any time.
8.24(c) If the proposal to create the innovation zone is concurrent with becoming an
8.25innovation school, upon receipt of a school's innovation plan that includes a proposal to
8.26create an innovation zone, the school board must review the plan and offer feedback on
8.27the plan within 60 days. The board must accept or reject the zone plan within 60 days
8.28of receiving the innovation plan of the final initial member school. If the school board
8.29rejects the plan, the board must provide a written explanation of the basis for its decision.
8.30The schools may amend and resubmit a plan at any time.
8.31 Subd. 2. Membership. A school submitting a proposal under section 123B.046,
8.32subdivision 4 or 5, may propose becoming a member of an established innovation zone as
8.33part of the innovation plan.
8.34 Subd. 3. Review. Three school years after the initial implementation of the
8.35innovation zone and every five years thereafter, the school board must review the level
9.1of performance of the innovation zone and determine whether the innovation zone is
9.2achieving or making adequate progress toward achieving the academic performance
9.3results in the innovation zone plan. The school board, in collaboration with the innovation
9.4schools in the zone, may revise any portion of the innovation zone plan consistent with the
9.5innovation plans of the member schools. If the board determines that one or more schools
9.6in the innovation zone are not improving at a sufficient rate, the board may remove the
9.7school from the innovation zone.
9.8 Sec. 4. Minnesota Statutes 2011 Supplement, section 126C.10, subdivision 1, is
9.9amended to read:
9.10 Subdivision 1. General education revenue. The general education revenue for
9.11each district equals the sum of the district's basic revenue, extended time revenue, gifted
9.12and talented revenue, small schools revenue, basic skills revenue, training and experience
9.13revenue, secondary sparsity revenue, elementary sparsity revenue, transportation sparsity
9.14revenue, total operating capital revenue, equity revenue, alternative teacher compensation
9.15revenue,and transition revenue, and innovation revenue.
9.16EFFECTIVE DATE.This section is effective for revenue in fiscal year 2013 and
9.17later.
9.18 Sec. 5. Minnesota Statutes 2010, section 126C.10, is amended by adding a subdivision
9.19to read:
9.20 Subd. 37. Innovation revenue. A district's innovation revenue is equal to $100
9.21times the number of pupils in average daily membership of each innovation school under
9.22section 123B.046 within the district plus $50 times the number of pupils in average daily
9.23membership of a school with an innovation plan approved by the board before July 1, but
9.24not yet implemented under section 123B.046.
9.25EFFECTIVE DATE.This section is effective for revenue in fiscal year 2013 and
9.26later.
9.27 Sec. 6. Minnesota Statutes 2010, section 179A.03, is amended by adding a subdivision
9.28to read:
9.29 Subd. 9a. Innovation school. "Innovation school" means a school with an approved
9.30and implemented innovation plan under section 123B.046.
9.31 Sec. 7. Minnesota Statutes 2010, section 179A.13, subdivision 1, is amended to read:
10.1 Subdivision 1. Actions. The practices specified in this section are unfair labor
10.2practices, unless otherwise authorized in this chapter. Any employee, employer, employee
10.3or employer organization, exclusive representative, or any other person or organization
10.4aggrieved by an unfair labor practice as defined in this section may bring an action for
10.5injunctive relief and for damages caused by the unfair labor practice in the district court of
10.6the county in which the practice is alleged to have occurred. A copy of any complaint
10.7alleging an unfair labor practice must be filed with the commissioner at the time it is
10.8brought in district court. The party bringing an unfair labor practice action in district
10.9court shall also transmit to the commissioner any orders or judgments of the court within
10.10ten days of the order or judgment.
10.11 Sec. 8. [179A.227] INNOVATION SCHOOL WAIVERS.
10.12An innovation school may waive any collective bargaining provision for any
10.13bargaining unit for any district employee working at the innovation school if the provision
10.14was included in the school board-approved innovation plan implemented by the school.
10.15The innovation school must sign a written agreement with each individual including the
10.16new provisions that will replace the waived collectively bargained provisions.
10.17EFFECTIVE DATE.This section is effective for collective bargaining agreements
10.18entered into or renewed after June 30, 2012.
1.3employment provisions;amending Minnesota Statutes 2010, sections 126C.10,
1.4by adding a subdivision; 179A.03, by adding a subdivision; 179A.13, subdivision
1.51; Minnesota Statutes 2011 Supplement, section 126C.10, subdivision 1;
1.6proposing coding for new law in Minnesota Statutes, chapters 123B; 179A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [123B.046] INNOVATION SCHOOLS.
1.9 Subdivision 1. Purpose. The purpose of this section is to:
1.10(1) encourage school districts, where appropriate, to create and manage a portfolio
1.11of schools that meet a variety of educational needs, including identifying elementary,
1.12middle or junior high, and high schools to collectively operate as a vertically integrated
1.13innovation zone of schools; and
1.14(2) encourage innovation in education by providing local school communities and
1.15principals with greater control over levels of staffing, personnel selection and evaluation,
1.16scheduling, and educational programming with the goal of improved student achievement.
1.17 Subd. 2. Applicability. This section applies only to innovation schools operated
1.18under this section.
1.19 Subd. 3. Innovation plan. An innovation plan submitted to the school board under
1.20subdivision 4 or 5 must include:
1.21(1) a statement of the school's mission and why designation as an innovation school
1.22would enhance the school's ability to achieve its mission;
1.23(2) a description of the innovations the school would implement, including school
1.24staffing, curriculum, and assessment; class scheduling; use of financial and other resources;
1.25and faculty recruitment, employment, evaluation, and compensation;
2.1(3) a listing of the programs, policies, or operational documents within the school
2.2that would be affected by the school's identified innovations and the manner in which
2.3they would be affected, including:
2.4(i) the research-based educational program to be implemented;
2.5(ii) the length of the school day and the school year;
2.6(iii) student promotion and graduation policies;
2.7(iv) the assessment plan;
2.8(v) the proposed budget for the school; and
2.9(vi) the proposed staffing plan for the school;
2.10(4) an identification of the improvements in academic performance that the school
2.11expects to achieve in implementing the innovations;
2.12(5) qualifications for persons holding administrative, supervisory, or instructional
2.13leadership roles, if persons without an administrator's license may fill these positions;
2.14(6) an estimate of the cost savings and increased efficiencies, if any, the school
2.15expects to achieve in implementing its identified innovations;
2.16(7) a description of any statutory sections or any regulatory or district policy
2.17requirements that would need to be waived for the school to implement its identified
2.18innovations;
2.19(8) a description of how the school will comply with the intent of any provision
2.20waived under clause (7);
2.21(9) a description of any provision of the collective bargaining agreements in effect
2.22for the personnel at the school that would need to be waived to implement the identified
2.23innovations;
2.24(10) a description of the transportation responsibilities to be retained by the school
2.25district and those to be transferred to the school; and
2.26(11) necessary indemnification agreements and a statement of the liability
2.27responsibilities of the school district, the school board, the school, the principal or other
2.28person with general control and supervision of the school, and other school administrators.
2.29 Subd. 4. Encouraged innovations. In considering or creating an innovation
2.30plan, schools and school boards are strongly encouraged to consider innovations in the
2.31following areas:
2.32(1) curriculum and academic standards and assessments;
2.33(2) accountability measures, including expanding the use of a variety of
2.34accountability measures to more accurately present a complete measure of student
2.35learning and accomplishment, including use of:
2.36(i) graduation or exit examinations;
3.1(ii) end-of-course examinations;
3.2(iii) student portfolio reviews;
3.3(iv) national and international accountability measures such as the national
3.4assessment of education progress, the program for international student assessment, and
3.5trends in international mathematics and science study for years that Minnesota participates;
3.6(v) measures of the percentage of students continuing into higher education; and
3.7(vi) measures of the percentage of students simultaneously obtaining a high school
3.8diploma and an associate's degree or a career and technical education certificate;
3.9(3) provision of services, including special education services; services for gifted and
3.10talented students; services for students for whom English is not the dominant language;
3.11education services for students at risk of academic failure, expulsion, or dropping out;
3.12and support services provided by the Department of Human Services or county social
3.13services agencies;
3.14(4) teacher recruitment, employment, training, preparation, and professional
3.15development;
3.16(5) performance expectations and evaluation procedures for teachers and principals;
3.17(6) compensation for teachers, principals, and other school personnel, including
3.18performance pay plans, total compensation plans, and other innovations with regard to
3.19retirement and other benefits;
3.20(7) school governance and the roles, responsibilities, and expectations of principals;
3.21(8) preparation and counseling of students for transition to higher education or the
3.22work force, including assessment of college and career readiness;
3.23(9) systems for identifying and following students from birth to college; and
3.24(10) systems for merging early childhood education with the kindergarten through
3.25grade 16 continuum.
3.26 Subd. 5. Voluntary plan submission, review, and adoption. (a) A school may
3.27submit a plan under subdivision 3 to the school board. The school principal or other
3.28person having general control and supervision of the school may initiate the formation of
3.29a plan with the teachers, administrators, staff, and parents of the school. In addition to
3.30the requirements of subdivision 3, a plan submitted under this subdivision must include a
3.31timeline for implementation.
3.32(b) Upon receipt of the plan by the school board, the board must review the plan and
3.33approve or disapprove the plan within 60 days of receiving the plan from a school. If the
3.34school board rejects the plan, the board must provide a written explanation of the basis for
3.35its decision. A school may resubmit a plan at any time.
4.1(c) After a school board has approved the plan, the plan must be sent to the
4.2commissioner of education for review and publication. The commissioner shall publish
4.3the plan and any submitted process documentation on the department's Web site within
4.460 days of receipt.
4.5 Subd. 6. Mandatory plan submission, review, and adoption. (a) A school must
4.6submit a petition under subdivision 3 to the school board if:
4.7(1) at least 51 percent of the school staff, including at least 51 percent of the teachers
4.8in the school, sign a petition and submit it to the school principal or other person having
4.9general control and supervision of the school;
4.10(2) at least 51 percent of all parents and guardians of students currently attending the
4.11school sign a petition and submit it to the school principal or other person having general
4.12control and supervision of the school; or
4.13(3) beginning in the 2014-2015 school year, 50 percent or more of the students in
4.14the school are (i) not proficient under section 120B.36 and low growth under section
4.15120B.35 or (ii) not proficient under section 120B.36 and medium growth under section
4.16120B.35 for two consecutive years, unless the school is becoming a site-governed school
4.17under section 123B.045.
4.18(b) During the school year following any of the conditions in paragraph (a), the
4.19principal or other person with general control and supervision of the school must convene
4.20a transition team consisting of school administrators, teachers, and parents to develop an
4.21innovation plan under subdivision 3. By the end of that school year, an innovation plan
4.22must be submitted to the school board for approval. Upon receipt of the plan by the school
4.23board, the board must review the plan and approve or disapprove the plan within 60 days.
4.24If the school board rejects the plan, the board must provide a written explanation of the
4.25basis for its decision. The school then has 45 days to resubmit the plan. The school board
4.26must review the plan and approve or disapprove the plan within 60 days. If the board
4.27again rejects the plan, the board must make the second proposal public, meet with the
4.28school's transition team, provide a forum for public comment, and after receiving public
4.29comment, adopt an innovation plan for the school with the school's transition team within
4.3060 days of rejecting the resubmitted plan.
4.31(c) After a school board has approved the plan, the plan must be sent to the
4.32commissioner of education for review and publication. The commissioner shall publish
4.33the plan and any submitted process documentation on the department's Web site within
4.3460 days of receipt.
4.35(d) The school must implement the plan beginning the second school year following
4.36final approval from the school board.
5.1 Subd. 7. Exemption from statutes and rules. A school with an approved and
5.2implemented innovation plan is exempt from all statutes and rules applicable to a school,
5.3school board, or school district unless a statute or rule is made specifically applicable to an
5.4innovation school or is included in this section.
5.5 Subd. 8. Federal, state, and local requirements. (a) An innovation school shall
5.6meet all federal, state, and local health and safety requirements applicable to school
5.7districts.
5.8 (b) An innovation school must comply with statewide accountability requirements
5.9governing standards and assessments in chapter 120B.
5.10 (c) The primary focus of an innovation school must be to provide a comprehensive
5.11program of instruction for at least one grade or age group from five through 18 years
5.12of age. Instruction may be provided to people younger than five years and older than
5.1318 years of age.
5.14 (d) An innovation school may not charge tuition.
5.15 (e) An innovation school is subject to and must comply with chapter 363A and
5.16section
5.17 (f) An innovation school is subject to and must comply with the Pupil Fair Dismissal
5.18Act, sections
5.19
5.20 (g) An innovation school must comply with chapters 13 and 13D; and sections
5.21
5.22 (h) An innovation school is subject to the Pledge of Allegiance requirement under
5.23section
5.24 (i) An innovation school offering online courses or programs must comply with
5.25section
5.26 (j) An innovation school is subject to chapter 181.
5.27 (k) An innovation school must comply with section
5.28governing the transfer of students' educational records and sections
5.29governing the management of local records.
5.30 (l) An innovation school that provides early childhood health and developmental
5.31screening must comply with sections
5.32(m) An innovation school that provides school-sponsored youth athletic activities
5.33must comply with section 121A.38.
5.34 Subd. 9. Review. Three school years after the initial implementation of the
5.35innovation plan and every five years thereafter, the school board must review the level
5.36of performance of the innovation school and determine whether the innovation school
6.1is achieving or making adequate progress toward achieving the academic performance
6.2results in the school's innovation plan. The school board, in collaboration with the
6.3innovation school, may revise any portion of the innovation plan. If the board determines
6.4that the school is achieving or making adequate progress toward achieving the school's
6.5academic performance results, any change to the plan requires the consent of a majority of
6.6the school's teachers and a majority of the school's administrators. If the board determines
6.7that the school is not achieving or making adequate progress toward achieving the school's
6.8academic performance results, the board may revoke the school's innovation plan effective
6.9the next school year or may approve the school's maintaining innovation status with
6.10changes to the innovation plan. If the changes to an innovation plan agreed to by the
6.11school and school board include new waivers of state statutes, laws, or rules, the revised
6.12plan must be sent to the commissioner for approval consistent with the commissioner's
6.13approval process in subdivision 4, paragraph (c).
6.14 Subd. 10. Employment and other operating matters. (a) An innovation school
6.15must employ or contract with necessary teachers, as defined by section
6.16subdivision 1
6.17employed in the school. The innovation school's state aid may be reduced under section
6.18
6.19by the Board of Teaching. The school may employ necessary employees who are not
6.20required to hold teaching licenses to perform duties other than teaching and may contract
6.21for other services. The school may discharge teachers and nonlicensed employees.
6.22The innovation school is subject to section
6.23prospective employee, an innovation school must give that employee a written description
6.24of the terms and conditions of employment and the school's personnel policies.
6.25 (b) A person, without holding a valid administrator's license, may perform
6.26administrative, supervisory, or instructional leadership duties if included in the innovation
6.27plan.
6.28 Subd. 11. Collective bargaining. An innovation school may waive any term or
6.29condition of a collective bargaining agreement, consistent with section 179A.227, if the
6.30waiver was included in the innovation plan approved by the board. Any waiver stays
6.31in effect until the innovation plan is amended or the school is no longer an innovation
6.32school. A person who is a member of a collective bargaining unit and is employed at a
6.33school where an innovation plan has been adopted but not yet implemented, may request
6.34a transfer to another school within the district under section 122A.40 or 122A.41. The
6.35school board must make every reasonable effort to accommodate these transfer requests.
7.1 Subd. 12. Teacher and other employee retirement. (a) Teachers in an innovation
7.2school must be public school teachers for the purposes of chapters 354 and 354A.
7.3 (b) Except for teachers under paragraph (a), employees in an innovation school must
7.4be public employees for the purposes of chapter 353.
7.5 Sec. 2. [123B.047] INNOVATION SCHOOL FINANCING.
7.6 Subdivision 1. Revenue to innovation school. (a) The revenue that shall be
7.7allocated to the innovation school includes the general education revenue generated by
7.8the students at the school from state, local, and private sources; referendum revenue; and
7.9federal revenue from the Elementary and Secondary Education Act, the Individuals with
7.10Disabilities Education Act, the Carl Perkins Act, and other federal programs.
7.11(b) The district may retain an administrative fee for managing the federal
7.12programs, private revenues, and general administrative functions including school board,
7.13superintendent, district legal counsel, finance, accountability and self-governed school
7.14contract oversight, facilities maintenance, districtwide special education programs, and
7.15other such services as agreed to in the innovation plan.
7.16(c) As part of the agreement, the district may provide specific services for the
7.17innovation school and may specify the amount to be paid for each service and retain the
7.18revenues for that amount. The formula or procedures for determining the amount of
7.19revenue to be allocated to the innovation school each year shall be consistent with this
7.20subdivision and incorporated in the site budget annually following a timeline and process
7.21that is included in the agreement with the school board. The school is responsible for
7.22allocating revenue for all staff at the site and for the other provisions of the agreement
7.23with the school board.
7.24(d) All innovation revenue under section 126C.10, subdivision 37, attributable to
7.25the pupils of the innovation school must be passed to the innovation school for use in
7.26implementing and evaluating the school's innovation plan.
7.27(e) All unspent revenue shall be carried over to following years for the sole use
7.28of the innovation school.
7.29 Subd. 2. Aid reductions for violations. The commissioner may reduce the state
7.30aid under section 127A.42 or 127A.43 to a school district with an innovation school if
7.31that school fails to correct a violation under section 123B.046. The commissioner may
7.32reduce the district's state aid by an amount not to exceed 60 percent of the total basic
7.33revenue allocated to the innovation school during the period of time that a violation of law
7.34occurs. The reduction in revenue must be allocated by the school district to the innovation
7.35school under subdivision 1.
8.1 Subd. 3. Gifts and grants. A school developing or implementing an innovation
8.2plan is authorized to seek and accept public and private gifts, grants, and donations to
8.3offset the costs of developing and implementing innovation plans.
8.4 Sec. 3. [123B.048] INNOVATION ZONES.
8.5 Subdivision 1. Creation and membership. (a) A school board may approve
8.6innovation zones within the school district. An innovation zone consists of more than one
8.7innovation school that shares an educational relationship, such as geographical location,
8.8educational focus, or sequential service to students as they progress from prekindergarten
8.9through elementary and secondary education. A group of innovation schools may petition
8.10the board to create an innovation zone. Schools submitting proposals under section
8.11123B.046, subdivision 4, may include in their proposal the creation of an innovation zone.
8.12A proposal to create an innovation zone must include:
8.13(1) the prekindergarten, elementary, and secondary schools and higher education
8.14institutions that will be initial members of the innovation zone;
8.15(2) a description of how innovations in the zone would be integrated to achieve
8.16results that would be less likely to be accomplished by each public school working
8.17alone; and
8.18(3) an estimate of any economies of scale that would be achieved by innovations
8.19implemented jointly by the public schools within the innovation zone.
8.20(b) If the proposal to create the innovation zone comes from existing innovation
8.21schools, the school board must review and either accept or reject the proposal within 60
8.22days. If the school board rejects the plan, the board must provide a written explanation of
8.23the basis for its decision. The schools may amend and resubmit a plan at any time.
8.24(c) If the proposal to create the innovation zone is concurrent with becoming an
8.25innovation school, upon receipt of a school's innovation plan that includes a proposal to
8.26create an innovation zone, the school board must review the plan and offer feedback on
8.27the plan within 60 days. The board must accept or reject the zone plan within 60 days
8.28of receiving the innovation plan of the final initial member school. If the school board
8.29rejects the plan, the board must provide a written explanation of the basis for its decision.
8.30The schools may amend and resubmit a plan at any time.
8.31 Subd. 2. Membership. A school submitting a proposal under section 123B.046,
8.32subdivision 4 or 5, may propose becoming a member of an established innovation zone as
8.33part of the innovation plan.
8.34 Subd. 3. Review. Three school years after the initial implementation of the
8.35innovation zone and every five years thereafter, the school board must review the level
9.1of performance of the innovation zone and determine whether the innovation zone is
9.2achieving or making adequate progress toward achieving the academic performance
9.3results in the innovation zone plan. The school board, in collaboration with the innovation
9.4schools in the zone, may revise any portion of the innovation zone plan consistent with the
9.5innovation plans of the member schools. If the board determines that one or more schools
9.6in the innovation zone are not improving at a sufficient rate, the board may remove the
9.7school from the innovation zone.
9.8 Sec. 4. Minnesota Statutes 2011 Supplement, section 126C.10, subdivision 1, is
9.9amended to read:
9.10 Subdivision 1. General education revenue. The general education revenue for
9.11each district equals the sum of the district's basic revenue, extended time revenue, gifted
9.12and talented revenue, small schools revenue, basic skills revenue, training and experience
9.13revenue, secondary sparsity revenue, elementary sparsity revenue, transportation sparsity
9.14revenue, total operating capital revenue, equity revenue, alternative teacher compensation
9.15revenue,
9.16EFFECTIVE DATE.This section is effective for revenue in fiscal year 2013 and
9.17later.
9.18 Sec. 5. Minnesota Statutes 2010, section 126C.10, is amended by adding a subdivision
9.19to read:
9.20 Subd. 37. Innovation revenue. A district's innovation revenue is equal to $100
9.21times the number of pupils in average daily membership of each innovation school under
9.22section 123B.046 within the district plus $50 times the number of pupils in average daily
9.23membership of a school with an innovation plan approved by the board before July 1, but
9.24not yet implemented under section 123B.046.
9.25EFFECTIVE DATE.This section is effective for revenue in fiscal year 2013 and
9.26later.
9.27 Sec. 6. Minnesota Statutes 2010, section 179A.03, is amended by adding a subdivision
9.28to read:
9.29 Subd. 9a. Innovation school. "Innovation school" means a school with an approved
9.30and implemented innovation plan under section 123B.046.
9.31 Sec. 7. Minnesota Statutes 2010, section 179A.13, subdivision 1, is amended to read:
10.1 Subdivision 1. Actions. The practices specified in this section are unfair labor
10.2practices, unless otherwise authorized in this chapter. Any employee, employer, employee
10.3or employer organization, exclusive representative, or any other person or organization
10.4aggrieved by an unfair labor practice as defined in this section may bring an action for
10.5injunctive relief and for damages caused by the unfair labor practice in the district court of
10.6the county in which the practice is alleged to have occurred. A copy of any complaint
10.7alleging an unfair labor practice must be filed with the commissioner at the time it is
10.8brought in district court. The party bringing an unfair labor practice action in district
10.9court shall also transmit to the commissioner any orders or judgments of the court within
10.10ten days of the order or judgment.
10.11 Sec. 8. [179A.227] INNOVATION SCHOOL WAIVERS.
10.12An innovation school may waive any collective bargaining provision for any
10.13bargaining unit for any district employee working at the innovation school if the provision
10.14was included in the school board-approved innovation plan implemented by the school.
10.15The innovation school must sign a written agreement with each individual including the
10.16new provisions that will replace the waived collectively bargained provisions.
10.17EFFECTIVE DATE.This section is effective for collective bargaining agreements
10.18entered into or renewed after June 30, 2012.
