Bill Text: MN SF2038 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Nonpublic school students attending charter schools shared time aid clarification
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2012-03-15 - Comm report: To pass as amended and re-refer to Finance [SF2038 Detail]
Download: Minnesota-2011-SF2038-Engrossed.html
1.2relating to education finance; clarifying shared time aid for nonpublic school
1.3students; eliminating the veto over shared time participation by resident districts;
1.4amending Minnesota Statutes 2010, section 126C.19, subdivision 2; Minnesota
1.5Statutes 2011 Supplement, section 124D.10, subdivision 8.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 8,
1.8is amended to read:
1.9 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
1.10federal, state, and local health and safety requirements applicable to school districts.
1.11 (b) A school must comply with statewide accountability requirements governing
1.12standards and assessments in chapter 120B.
1.13 (c) A school authorized by a school board may be located in any district, unless the
1.14school board of the district of the proposed location disapproves by written resolution.
1.15 (d) A charter school must be nonsectarian in its programs, admission policies,
1.16employment practices, and all other operations. An authorizer may not authorize a charter
1.17school or program that is affiliated with a nonpublic sectarian school or a religious
1.18institution. A charter school student must be released for religious instruction, consistent
1.19with section120A.22, subdivision 12 , clause (3).
1.20 (e) Charter schools must not be used as a method of providing education or
1.21generating revenue for students who are being home-schooled. This paragraph does not
1.22apply to shared time aid, under section 126C.19.
1.23 (f) The primary focus of a charter school must be to provide a comprehensive
1.24program of instruction for at least one grade or age group from five through 18 years
2.1of age. Instruction may be provided to people younger than five years and older than
2.218 years of age.
2.3 (g) A charter school may not charge tuition.
2.4 (h) A charter school is subject to and must comply with chapter 363A and section
2.5121A.04
.
2.6 (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
2.7Act, sections121A.40 to
121A.56 , and the Minnesota Public School Fee Law, sections
2.8123B.34
to
123B.39 .
2.9 (j) A charter school is subject to the same financial audits, audit procedures, and
2.10audit requirements as a district. Audits must be conducted in compliance with generally
2.11accepted governmental auditing standards, the federal Single Audit Act, if applicable,
2.12and section6.65 . A charter school is subject to and must comply with sections
15.054 ;
2.13118A.01
;
118A.02 ;
118A.03 ;
118A.04 ;
118A.05 ;
118A.06 ;
471.38 ;
471.391 ;
471.392 ; and
2.14471.425
. The audit must comply with the requirements of sections
123B.75 to
123B.83 ,
2.15except to the extent deviations are necessary because of the program at the school.
2.16Deviations must be approved by the commissioner and authorizer. The Department of
2.17Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
2.18or compliance audits. A charter school determined to be in statutory operating debt under
2.19sections123B.81 to
123B.83 must submit a plan under section
123B.81, subdivision 4 .
2.20 (k) A charter school is a district for the purposes of tort liability under chapter 466.
2.21 (l) A charter school must comply with chapters 13 and 13D; and sections120A.22,
2.22subdivision 7 ;
121A.75 ; and
260B.171 , subdivisions 3 and 5.
2.23 (m) A charter school is subject to the Pledge of Allegiance requirement under
2.24section121A.11, subdivision 3 .
2.25 (n) A charter school offering online courses or programs must comply with section
2.26124D.095
.
2.27 (o) A charter school and charter school board of directors are subject to chapter 181.
2.28 (p) A charter school must comply with section120A.22, subdivision 7 , governing
2.29the transfer of students' educational records and sections138.163 and
138.17 governing
2.30the management of local records.
2.31 (q) A charter school that provides early childhood health and developmental
2.32screening must comply with sections121A.16 to
121A.19 .
2.33(r) A charter school that provides school-sponsored youth athletic activities must
2.34comply with section 121A.38.
2.35 Sec. 2. Minnesota Statutes 2010, section 126C.19, subdivision 2, is amended to read:
3.1 Subd. 2. Exception. Notwithstanding subdivision 1, the resident district of a shared
3.2time pupil attending shared time classes in another districtmay or a charter school must
3.3 grant the district or charter school of attendance, upon its request, permission to claim
3.4the pupil as a resident for state aid purposes. In this case, state aid must be paid to the
3.5district or charter school of attendanceand, upon agreement. If the resident district agrees,
3.6the district of attendance may bill the resident district for any unreimbursed education
3.7costs, but not for unreimbursed transportation costs. Theagreement may, however,
3.8provide resident district and the district or charter school of attendance may negotiate an
3.9agreement for the resident district to pay the cost of any of the particular transportation
3.10categories specified in section123B.92, subdivision 1 , and in this case, aid for those
3.11categories must be paid to the district of residence rather than to the district of attendance.
3.12EFFECTIVE DATE.This section is effective for revenue for fiscal year 2014
3.13and later.
1.3students; eliminating the veto over shared time participation by resident districts;
1.4amending Minnesota Statutes 2010, section 126C.19, subdivision 2; Minnesota
1.5Statutes 2011 Supplement, section 124D.10, subdivision 8.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2011 Supplement, section 124D.10, subdivision 8,
1.8is amended to read:
1.9 Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
1.10federal, state, and local health and safety requirements applicable to school districts.
1.11 (b) A school must comply with statewide accountability requirements governing
1.12standards and assessments in chapter 120B.
1.13 (c) A school authorized by a school board may be located in any district, unless the
1.14school board of the district of the proposed location disapproves by written resolution.
1.15 (d) A charter school must be nonsectarian in its programs, admission policies,
1.16employment practices, and all other operations. An authorizer may not authorize a charter
1.17school or program that is affiliated with a nonpublic sectarian school or a religious
1.18institution. A charter school student must be released for religious instruction, consistent
1.19with section
1.20 (e) Charter schools must not be used as a method of providing education or
1.21generating revenue for students who are being home-schooled. This paragraph does not
1.22apply to shared time aid, under section 126C.19.
1.23 (f) The primary focus of a charter school must be to provide a comprehensive
1.24program of instruction for at least one grade or age group from five through 18 years
2.1of age. Instruction may be provided to people younger than five years and older than
2.218 years of age.
2.3 (g) A charter school may not charge tuition.
2.4 (h) A charter school is subject to and must comply with chapter 363A and section
2.6 (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
2.7Act, sections
2.9 (j) A charter school is subject to the same financial audits, audit procedures, and
2.10audit requirements as a district. Audits must be conducted in compliance with generally
2.11accepted governmental auditing standards, the federal Single Audit Act, if applicable,
2.12and section
2.15except to the extent deviations are necessary because of the program at the school.
2.16Deviations must be approved by the commissioner and authorizer. The Department of
2.17Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
2.18or compliance audits. A charter school determined to be in statutory operating debt under
2.19sections
2.20 (k) A charter school is a district for the purposes of tort liability under chapter 466.
2.21 (l) A charter school must comply with chapters 13 and 13D; and sections
2.22subdivision 7
2.23 (m) A charter school is subject to the Pledge of Allegiance requirement under
2.24section
2.25 (n) A charter school offering online courses or programs must comply with section
2.27 (o) A charter school and charter school board of directors are subject to chapter 181.
2.28 (p) A charter school must comply with section
2.29the transfer of students' educational records and sections
2.30the management of local records.
2.31 (q) A charter school that provides early childhood health and developmental
2.32screening must comply with sections
2.33(r) A charter school that provides school-sponsored youth athletic activities must
2.34comply with section 121A.38.
2.35 Sec. 2. Minnesota Statutes 2010, section 126C.19, subdivision 2, is amended to read:
3.1 Subd. 2. Exception. Notwithstanding subdivision 1, the resident district of a shared
3.2time pupil attending shared time classes in another district
3.3 grant the district or charter school of attendance, upon its request, permission to claim
3.4the pupil as a resident for state aid purposes. In this case, state aid must be paid to the
3.5district or charter school of attendance
3.6the district of attendance may bill the resident district for any unreimbursed education
3.7costs, but not for unreimbursed transportation costs. The
3.8
3.9agreement for the resident district to pay the cost of any of the particular transportation
3.10categories specified in section
3.11categories must be paid to the district of residence rather than to the district of attendance.
3.12EFFECTIVE DATE.This section is effective for revenue for fiscal year 2014
3.13and later.
