Bill Text: MN SF971 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Charter school authorizer reports, qualifying criteria, requirements, and approval deadline modifications
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-21 - Referred to Education [SF971 Detail]
Download: Minnesota-2011-SF971-Introduced.html
1.2relating to education; modifying charter school authorizer provisions; amending
1.3Minnesota Statutes 2010, sections 120B.30, subdivision 3; 124D.10, subdivision
1.43.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 120B.30, subdivision 3, is amended to read:
1.7 Subd. 3. Reporting. The commissioner shall report test data publicly and to
1.8stakeholders, including the performance achievement levels developed from students'
1.9unweighted test scores in each tested subject and a listing of demographic factors that
1.10strongly correlate with student performance. The commissioner shall also report data that
1.11compares performance results among school sites, school districts, Minnesota and other
1.12states, and Minnesota and other nations. The commissioner shall disseminate to schools
1.13and school districts a more comprehensive report containing testing information that
1.14meets local needs for evaluating instruction and curriculum. The commissioner shall
1.15disseminate to charter school authorizers a more comprehensive report containing testing
1.16information that contains only anonymized student-level data that meets the authorizer's
1.17needs in fulfilling its obligations under section 124D.10.
1.18 Sec. 2. Minnesota Statutes 2010, section 124D.10, subdivision 3, is amended to read:
1.19 Subd. 3. Authorizer. (a) For purposes of this section, the terms defined in this
1.20subdivision have the meanings given them.
1.21"Application" to receive approval as an authorizer means the proposal an eligible
1.22authorizer submits to the commissioner under paragraph (c) before that authorizer is able
1.23to submit any affidavit to charter to a school.
2.1"Application" under subdivision 4 means the charter school business plan a
2.2school developer submits to an authorizer for approval to establish a charter school that
2.3documents the school developer's mission statement, school purposes, program design,
2.4financial plan, governance and management structure, and background and experience,
2.5plus any other information the authorizer requests. The application also shall include a
2.6"statement of assurances" of legal compliance prescribed by the commissioner.
2.7"Affidavit" means a written statement the authorizer submits to the commissioner
2.8for approval to establish a charter school under subdivision 4 attesting to its review and
2.9approval process before chartering a school.
2.10"Affidavit" means the form an authorizer submits to the commissioner that is a
2.11precondition to a charter school organizing an affiliated nonprofit building corporation
2.12under subdivision 17a.
2.13(b) The following organizations may authorize one or more charter schools:
2.14(1) a school board; intermediate school district school board; education district
2.15organized under sections123A.15 to
123A.19 ;
2.16(2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
2.17of 1986, excluding a nonpublic sectarian or religious institution, any person other than a
2.18natural person that directly or indirectly, through one or more intermediaries, controls,
2.19is controlled by, or is under common control with the nonpublic sectarian or religious
2.20institution, and any other charitable organization under this clause that in the federal IRS
2.21Form 1023, Part IV, describes activities indicating a religious purpose, that:
2.22(i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
2.23Foundations;
2.24(ii) is registered with the attorney general's office; and
2.25(iii)reports an end-of-year fund balance of at least $2,000,000; and
2.26(iv) is incorporated in the state of Minnesota;
2.27(3) a Minnesota private college, notwithstanding clause (2), that grants two- or
2.28four-year degrees and is registered with the Minnesota Office of Higher Education under
2.29chapter 136A; community college, state university, or technical college governed by the
2.30Board of Trustees of the Minnesota State Colleges and Universities; or the University of
2.31Minnesota; or
2.32(4) a nonprofit corporation subject to chapter 317A, described in section317A.905 ,
2.33and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code
2.34of 1986, may authorize one or more charter schoolsif the charter school has operated
2.35for at least three years under a different authorizer and if the nonprofit corporation has
2.36existed for at least 25 years.
3.1(5) no more than three single-purpose authorizers that are charitable, nonsectarian
3.2organizations formed under section 501(c)(3) of the Internal Revenue Code of 1986 and
3.3incorporated in the state of Minnesota whose sole purpose is to charter schools. Eligible
3.4organizations interested in being approved as an authorizer under this paragraph must
3.5submit a proposal to the commissioner that includes the provisions of paragraph (c) and
3.6a five-year financial plan. Such authorizers shall consider and approve applications
3.7using the criteria provided in subdivision 4and shall not limit the applications it solicits,
3.8considers, or approves to any single curriculum, learning program, or method.
3.9(c) An eligible authorizer under this subdivision must apply to the commissioner for
3.10approval as an authorizer before submitting any affidavit to the commissioner to charter
3.11a school. The application for approval as a charter school authorizer must demonstrate
3.12the applicant's ability to implement the procedures and satisfy the criteria for chartering a
3.13school under this section. The commissioner must approve or disapprove an application
3.14within 60 business days of the application deadline. If the commissioner disapproves
3.15the application, the commissioner must notify the applicant of the deficiencies and the
3.16applicant then has 20 business days to address the deficiencies to the commissioner's
3.17satisfaction. Failing to address the deficiencies to the commissioner's satisfaction makes
3.18an applicant ineligible to be an authorizer. The commissioner, in establishing criteria for
3.19approval, must consider the applicant's:
3.20(1) capacity and infrastructure;
3.21(2) application criteria and process;
3.22(3) contracting process;
3.23(4) ongoing oversight and evaluation processes; and
3.24(5) renewal criteria and processes.
3.25(d) The affidavit to be submitted to and evaluated by the commissioner must include
3.26at least the following:
3.27(1) how chartering schools is a way for the organization to carry out its mission;
3.28(2) a description of the capacity of the organization to serve as an authorizer,
3.29including the personnel who will perform the authorizing duties, their qualifications, the
3.30amount of time they will be assigned to this responsibility, and the financial resources
3.31allocated by the organization to this responsibility;
3.32(3) a description of the application and review process the authorizer will use to make
3.33decisions regarding the granting of charters, which will include at least the following:
3.34(i) how the statutory purposes defined in subdivision 1 are addressed;
3.35(ii) the mission, goals, program model, and student performance expectations;
4.1(iii) an evaluation plan for the school that includes criteria for evaluating educational,
4.2organizational, and fiscal plans;
4.3(iv) the school's governance plan;
4.4(v) the financial management plan; and
4.5(vi) the administration and operations plan;
4.6(4) a description of the type of contract it will arrange with the schools it charters
4.7that meets the provisions of subdivision 6 and defines the rights and responsibilities of the
4.8charter school for governing its educational program, controlling its funds, and making
4.9school management decisions;
4.10(5) the process to be used for providing ongoing oversight of the school consistent
4.11with the contract expectations specified in clause (4) that assures that the schools chartered
4.12are complying with both the provisions of applicable law and rules, and with the contract;
4.13(6) the process for making decisions regarding the renewal or termination of
4.14the school's charter based on evidence that demonstrates the academic, organizational,
4.15and financial competency of the school, including its success in increasing student
4.16achievement and meeting the goals of the charter school agreement; and
4.17(7) an assurance specifying that the organization is committed to serving as an
4.18authorizer for the full five-year term.
4.19A disapproved applicant under this paragraph may resubmit an application during a
4.20future application period.
4.21(e) The authorizer must participate in department-approved training.
4.22(f) An authorizer that chartered a school before August 1, 2009, must apply by June
4.2330,2011 2012, to the commissioner for approval, under paragraph (c), to continue as an
4.24authorizer under this section. For purposes of this paragraph, an authorizer that fails to
4.25submit a timely application is ineligible to charter a school.
4.26(g) The commissioner shall review an authorizer's performance every five years in
4.27a manner and form determined by the commissioner and may review an authorizer's
4.28performance more frequently at the commissioner's own initiative or at the request of a
4.29charter school operator, charter school board member, or other interested party. The
4.30commissioner, after completing the review, shall transmit a report with findings to the
4.31authorizer. If, consistent with this section, the commissioner finds that an authorizer
4.32has not fulfilled the requirements of this section, the commissioner may subject the
4.33authorizer to corrective action, which may include terminating the contract with the
4.34charter school board of directors of a school it chartered. The commissioner must notify
4.35the authorizer in writing of any findings that may subject the authorizer to corrective
5.1action and the authorizer then has 15 business days to request an informal hearing before
5.2the commissioner takes corrective action.
5.3(h) The commissioner may at any time take corrective action against an authorizer,
5.4including terminating an authorizer's ability to charter a school for:
5.5(1) failing to demonstrate the criteria under paragraph (c) under which the
5.6commissioner approved the authorizer;
5.7(2) violating a term of the chartering contract between the authorizer and the charter
5.8school board of directors; or
5.9(3) unsatisfactory performance as an approved authorizer.
5.10EFFECTIVE DATE.This section is effective the day following final enactment.
1.3Minnesota Statutes 2010, sections 120B.30, subdivision 3; 124D.10, subdivision
1.43.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 120B.30, subdivision 3, is amended to read:
1.7 Subd. 3. Reporting. The commissioner shall report test data publicly and to
1.8stakeholders, including the performance achievement levels developed from students'
1.9unweighted test scores in each tested subject and a listing of demographic factors that
1.10strongly correlate with student performance. The commissioner shall also report data that
1.11compares performance results among school sites, school districts, Minnesota and other
1.12states, and Minnesota and other nations. The commissioner shall disseminate to schools
1.13and school districts a more comprehensive report containing testing information that
1.14meets local needs for evaluating instruction and curriculum. The commissioner shall
1.15disseminate to charter school authorizers a more comprehensive report containing testing
1.16information that contains only anonymized student-level data that meets the authorizer's
1.17needs in fulfilling its obligations under section 124D.10.
1.18 Sec. 2. Minnesota Statutes 2010, section 124D.10, subdivision 3, is amended to read:
1.19 Subd. 3. Authorizer. (a) For purposes of this section, the terms defined in this
1.20subdivision have the meanings given them.
1.21"Application" to receive approval as an authorizer means the proposal an eligible
1.22authorizer submits to the commissioner under paragraph (c) before that authorizer is able
1.23to submit any affidavit to charter to a school.
2.1"Application" under subdivision 4 means the charter school business plan a
2.2school developer submits to an authorizer for approval to establish a charter school that
2.3documents the school developer's mission statement, school purposes, program design,
2.4financial plan, governance and management structure, and background and experience,
2.5plus any other information the authorizer requests. The application also shall include a
2.6"statement of assurances" of legal compliance prescribed by the commissioner.
2.7"Affidavit" means a written statement the authorizer submits to the commissioner
2.8for approval to establish a charter school under subdivision 4 attesting to its review and
2.9approval process before chartering a school.
2.10"Affidavit" means the form an authorizer submits to the commissioner that is a
2.11precondition to a charter school organizing an affiliated nonprofit building corporation
2.12under subdivision 17a.
2.13(b) The following organizations may authorize one or more charter schools:
2.14(1) a school board; intermediate school district school board; education district
2.15organized under sections
2.16(2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
2.17of 1986, excluding a nonpublic sectarian or religious institution, any person other than a
2.18natural person that directly or indirectly, through one or more intermediaries, controls,
2.19is controlled by, or is under common control with the nonpublic sectarian or religious
2.20institution, and any other charitable organization under this clause that in the federal IRS
2.21Form 1023, Part IV, describes activities indicating a religious purpose, that:
2.22(i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
2.23Foundations;
2.24(ii) is registered with the attorney general's office; and
2.25(iii)
2.26
2.27(3) a Minnesota private college, notwithstanding clause (2), that grants two- or
2.28four-year degrees and is registered with the Minnesota Office of Higher Education under
2.29chapter 136A; community college, state university, or technical college governed by the
2.30Board of Trustees of the Minnesota State Colleges and Universities; or the University of
2.31Minnesota; or
2.32(4) a nonprofit corporation subject to chapter 317A, described in section
2.33and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code
2.34of 1986, may authorize one or more charter schools
2.35
2.36
3.1(5) no more than three single-purpose authorizers that are charitable, nonsectarian
3.2organizations formed under section 501(c)(3) of the Internal Revenue Code of 1986 and
3.3incorporated in the state of Minnesota whose sole purpose is to charter schools. Eligible
3.4organizations interested in being approved as an authorizer under this paragraph must
3.5submit a proposal to the commissioner that includes the provisions of paragraph (c) and
3.6a five-year financial plan. Such authorizers shall consider and approve applications
3.7using the criteria provided in subdivision 4
3.8
3.9(c) An eligible authorizer under this subdivision must apply to the commissioner for
3.10approval as an authorizer before submitting any affidavit to the commissioner to charter
3.11a school. The application for approval as a charter school authorizer must demonstrate
3.12the applicant's ability to implement the procedures and satisfy the criteria for chartering a
3.13school under this section. The commissioner must approve or disapprove an application
3.14within 60 business days of the application deadline. If the commissioner disapproves
3.15the application, the commissioner must notify the applicant of the deficiencies and the
3.16applicant then has 20 business days to address the deficiencies to the commissioner's
3.17satisfaction. Failing to address the deficiencies to the commissioner's satisfaction makes
3.18an applicant ineligible to be an authorizer. The commissioner, in establishing criteria for
3.19approval, must consider the applicant's:
3.20(1) capacity and infrastructure;
3.21(2) application criteria and process;
3.22(3) contracting process;
3.23(4) ongoing oversight and evaluation processes; and
3.24(5) renewal criteria and processes.
3.25(d) The affidavit to be submitted to and evaluated by the commissioner must include
3.26at least the following:
3.27(1) how chartering schools is a way for the organization to carry out its mission;
3.28(2) a description of the capacity of the organization to serve as an authorizer,
3.29including the personnel who will perform the authorizing duties, their qualifications, the
3.30amount of time they will be assigned to this responsibility, and the financial resources
3.31allocated by the organization to this responsibility;
3.32(3) a description of the application and review process the authorizer will use to make
3.33decisions regarding the granting of charters, which will include at least the following:
3.34(i) how the statutory purposes defined in subdivision 1 are addressed;
3.35(ii) the mission, goals, program model, and student performance expectations;
4.1(iii) an evaluation plan for the school that includes criteria for evaluating educational,
4.2organizational, and fiscal plans;
4.3(iv) the school's governance plan;
4.4(v) the financial management plan; and
4.5(vi) the administration and operations plan;
4.6(4) a description of the type of contract it will arrange with the schools it charters
4.7that meets the provisions of subdivision 6 and defines the rights and responsibilities of the
4.8charter school for governing its educational program, controlling its funds, and making
4.9school management decisions;
4.10(5) the process to be used for providing ongoing oversight of the school consistent
4.11with the contract expectations specified in clause (4) that assures that the schools chartered
4.12are complying with both the provisions of applicable law and rules, and with the contract;
4.13(6) the process for making decisions regarding the renewal or termination of
4.14the school's charter based on evidence that demonstrates the academic, organizational,
4.15and financial competency of the school, including its success in increasing student
4.16achievement and meeting the goals of the charter school agreement; and
4.17(7) an assurance specifying that the organization is committed to serving as an
4.18authorizer for the full five-year term.
4.19A disapproved applicant under this paragraph may resubmit an application during a
4.20future application period.
4.21(e) The authorizer must participate in department-approved training.
4.22(f) An authorizer that chartered a school before August 1, 2009, must apply by June
4.2330,
4.24authorizer under this section. For purposes of this paragraph, an authorizer that fails to
4.25submit a timely application is ineligible to charter a school.
4.26(g) The commissioner shall review an authorizer's performance every five years in
4.27a manner and form determined by the commissioner and may review an authorizer's
4.28performance more frequently at the commissioner's own initiative or at the request of a
4.29charter school operator, charter school board member, or other interested party. The
4.30commissioner, after completing the review, shall transmit a report with findings to the
4.31authorizer. If, consistent with this section, the commissioner finds that an authorizer
4.32has not fulfilled the requirements of this section, the commissioner may subject the
4.33authorizer to corrective action, which may include terminating the contract with the
4.34charter school board of directors of a school it chartered. The commissioner must notify
4.35the authorizer in writing of any findings that may subject the authorizer to corrective
5.1action and the authorizer then has 15 business days to request an informal hearing before
5.2the commissioner takes corrective action.
5.3(h) The commissioner may at any time take corrective action against an authorizer,
5.4including terminating an authorizer's ability to charter a school for:
5.5(1) failing to demonstrate the criteria under paragraph (c) under which the
5.6commissioner approved the authorizer;
5.7(2) violating a term of the chartering contract between the authorizer and the charter
5.8school board of directors; or
5.9(3) unsatisfactory performance as an approved authorizer.
5.10EFFECTIVE DATE.This section is effective the day following final enactment.
