Bill Text: MN HF1092 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Teachers taking early retirement allowed to continue coaching, and application deadline modified for certain charter school authorizers.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-05-19 - Secretary of State Chapter 27 05/18/11 [HF1092 Detail]
Download: Minnesota-2011-HF1092-Engrossed.html
Bill Title: Teachers taking early retirement allowed to continue coaching, and application deadline modified for certain charter school authorizers.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-05-19 - Secretary of State Chapter 27 05/18/11 [HF1092 Detail]
Download: Minnesota-2011-HF1092-Engrossed.html
1.2relating to education; allowing teachers taking early retirement to continue
1.3coaching; modifying the application deadline for certain charter school
1.4authorizers;amending Minnesota Statutes 2010, sections 122A.48, subdivision
1.53; 124D.10, subdivision 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 122A.48, subdivision 3, is amended to
1.8read:
1.9 Subd. 3. Employment as substitute. Notwithstanding the provisions of subdivision
1.102, a teacher who has entered into an agreement for termination of services and withdrawal
1.11from active teaching service with an early retirement incentive may be employed as a
1.12substitute teacher or coach after retirement.
1.13EFFECTIVE DATE.This section is effective the day following final enactment.
1.14 Sec. 2. Minnesota Statutes 2010, section 124D.10, subdivision 3, is amended to read:
1.15 Subd. 3. Authorizer. (a) For purposes of this section, the terms defined in this
1.16subdivision have the meanings given them.
1.17"Application" to receive approval as an authorizer means the proposal an eligible
1.18authorizer submits to the commissioner under paragraph (c) before that authorizer is able
1.19to submit any affidavit to charter to a school.
1.20"Application" under subdivision 4 means the charter school business plan a
1.21school developer submits to an authorizer for approval to establish a charter school that
1.22documents the school developer's mission statement, school purposes, program design,
1.23financial plan, governance and management structure, and background and experience,
2.1plus any other information the authorizer requests. The application also shall include a
2.2"statement of assurances" of legal compliance prescribed by the commissioner.
2.3"Affidavit" means a written statement the authorizer submits to the commissioner
2.4for approval to establish a charter school under subdivision 4 attesting to its review and
2.5approval process before chartering a school.
2.6"Affidavit" means the form an authorizer submits to the commissioner that is a
2.7precondition to a charter school organizing an affiliated nonprofit building corporation
2.8under subdivision 17a.
2.9(b) The following organizations may authorize one or more charter schools:
2.10(1) a school board; intermediate school district school board; education district
2.11organized under sections123A.15 to
123A.19 ;
2.12(2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
2.13of 1986, excluding a nonpublic sectarian or religious institution, any person other than a
2.14natural person that directly or indirectly, through one or more intermediaries, controls,
2.15is controlled by, or is under common control with the nonpublic sectarian or religious
2.16institution, and any other charitable organization under this clause that in the federal IRS
2.17Form 1023, Part IV, describes activities indicating a religious purpose, that:
2.18(i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
2.19Foundations;
2.20(ii) is registered with the attorney general's office;
2.21(iii) reports an end-of-year fund balance of at least $2,000,000; and
2.22(iv) is incorporated in the state of Minnesota;
2.23(3) a Minnesota private college, notwithstanding clause (2), that grants two- or
2.24four-year degrees and is registered with the Minnesota Office of Higher Education under
2.25chapter 136A; community college, state university, or technical college governed by the
2.26Board of Trustees of the Minnesota State Colleges and Universities; or the University of
2.27Minnesota; or
2.28(4) a nonprofit corporation subject to chapter 317A, described in section317A.905 ,
2.29and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code
2.30of 1986, may authorize one or more charter schools if the charter school has operated
2.31for at least three years under a different authorizer and if the nonprofit corporation has
2.32existed for at least 25 years.
2.33(5) no more than three single-purpose authorizers that are charitable, nonsectarian
2.34organizations formed under section 501(c)(3) of the Internal Revenue Code of 1986 and
2.35incorporated in the state of Minnesota whose sole purpose is to charter schools. Eligible
2.36organizations interested in being approved as an authorizer under this paragraph must
3.1submit a proposal to the commissioner that includes the provisions of paragraph (c) and
3.2a five-year financial plan. Such authorizers shall consider and approve applications
3.3using the criteria provided in subdivision 4 and shall not limit the applications it solicits,
3.4considers, or approves to any single curriculum, learning program, or method.
3.5(c) An eligible authorizer under this subdivision must apply to the commissioner for
3.6approval as an authorizer before submitting any affidavit to the commissioner to charter
3.7a school. The application for approval as a charter school authorizer must demonstrate
3.8the applicant's ability to implement the procedures and satisfy the criteria for chartering a
3.9school under this section. The commissioner must approve or disapprove an application
3.10within 60 business days of the application deadline. If the commissioner disapproves
3.11the application, the commissioner must notify the applicant of the deficiencies and the
3.12applicant then has 20 business days to address the deficiencies to the commissioner's
3.13satisfaction. Failing to address the deficiencies to the commissioner's satisfaction makes
3.14an applicant ineligible to be an authorizer. The commissioner, in establishing criteria for
3.15approval, must consider the applicant's:
3.16(1) capacity and infrastructure;
3.17(2) application criteria and process;
3.18(3) contracting process;
3.19(4) ongoing oversight and evaluation processes; and
3.20(5) renewal criteria and processes.
3.21(d) The affidavit to be submitted to and evaluated by the commissioner must include
3.22at least the following:
3.23(1) how chartering schools is a way for the organization to carry out its mission;
3.24(2) a description of the capacity of the organization to serve as an authorizer,
3.25including the personnel who will perform the authorizing duties, their qualifications, the
3.26amount of time they will be assigned to this responsibility, and the financial resources
3.27allocated by the organization to this responsibility;
3.28(3) a description of the application and review process the authorizer will use to make
3.29decisions regarding the granting of charters, which will include at least the following:
3.30(i) how the statutory purposes defined in subdivision 1 are addressed;
3.31(ii) the mission, goals, program model, and student performance expectations;
3.32(iii) an evaluation plan for the school that includes criteria for evaluating educational,
3.33organizational, and fiscal plans;
3.34(iv) the school's governance plan;
3.35(v) the financial management plan; and
3.36(vi) the administration and operations plan;
4.1(4) a description of the type of contract it will arrange with the schools it charters
4.2that meets the provisions of subdivision 6 and defines the rights and responsibilities of the
4.3charter school for governing its educational program, controlling its funds, and making
4.4school management decisions;
4.5(5) the process to be used for providing ongoing oversight of the school consistent
4.6with the contract expectations specified in clause (4) that assures that the schools chartered
4.7are complying with both the provisions of applicable law and rules, and with the contract;
4.8(6) the process for making decisions regarding the renewal or termination of
4.9the school's charter based on evidence that demonstrates the academic, organizational,
4.10and financial competency of the school, including its success in increasing student
4.11achievement and meeting the goals of the charter school agreement; and
4.12(7) an assurance specifying that the organization is committed to serving as an
4.13authorizer for the full five-year term.
4.14A disapproved applicant under this paragraph may resubmit an application during a
4.15future application period.
4.16(e) The authorizer must participate in department-approved training.
4.17(f) An authorizer that chartered a school before August 1, 2009, must apply by June
4.1830,2011 2012, to the commissioner for approval, under paragraph (c), to continue as an
4.19authorizer under this section. For purposes of this paragraph, an authorizer that fails to
4.20submit a timely application is ineligible to charter a school.
4.21(g) The commissioner shall review an authorizer's performance every five years in
4.22a manner and form determined by the commissioner and may review an authorizer's
4.23performance more frequently at the commissioner's own initiative or at the request of a
4.24charter school operator, charter school board member, or other interested party. The
4.25commissioner, after completing the review, shall transmit a report with findings to the
4.26authorizer. If, consistent with this section, the commissioner finds that an authorizer
4.27has not fulfilled the requirements of this section, the commissioner may subject the
4.28authorizer to corrective action, which may include terminating the contract with the
4.29charter school board of directors of a school it chartered. The commissioner must notify
4.30the authorizer in writing of any findings that may subject the authorizer to corrective
4.31action and the authorizer then has 15 business days to request an informal hearing before
4.32the commissioner takes corrective action.
4.33(h) The commissioner may at any time take corrective action against an authorizer,
4.34including terminating an authorizer's ability to charter a school for:
4.35(1) failing to demonstrate the criteria under paragraph (c) under which the
4.36commissioner approved the authorizer;
5.1(2) violating a term of the chartering contract between the authorizer and the charter
5.2school board of directors; or
5.3(3) unsatisfactory performance as an approved authorizer.
5.4EFFECTIVE DATE.This section is effective the day following final enactment.
1.3coaching; modifying the application deadline for certain charter school
1.4authorizers;amending Minnesota Statutes 2010, sections 122A.48, subdivision
1.53; 124D.10, subdivision 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 122A.48, subdivision 3, is amended to
1.8read:
1.9 Subd. 3. Employment as substitute. Notwithstanding the provisions of subdivision
1.102, a teacher who has entered into an agreement for termination of services and withdrawal
1.11from active teaching service with an early retirement incentive may be employed as a
1.12substitute teacher or coach after retirement.
1.13EFFECTIVE DATE.This section is effective the day following final enactment.
1.14 Sec. 2. Minnesota Statutes 2010, section 124D.10, subdivision 3, is amended to read:
1.15 Subd. 3. Authorizer. (a) For purposes of this section, the terms defined in this
1.16subdivision have the meanings given them.
1.17"Application" to receive approval as an authorizer means the proposal an eligible
1.18authorizer submits to the commissioner under paragraph (c) before that authorizer is able
1.19to submit any affidavit to charter to a school.
1.20"Application" under subdivision 4 means the charter school business plan a
1.21school developer submits to an authorizer for approval to establish a charter school that
1.22documents the school developer's mission statement, school purposes, program design,
1.23financial plan, governance and management structure, and background and experience,
2.1plus any other information the authorizer requests. The application also shall include a
2.2"statement of assurances" of legal compliance prescribed by the commissioner.
2.3"Affidavit" means a written statement the authorizer submits to the commissioner
2.4for approval to establish a charter school under subdivision 4 attesting to its review and
2.5approval process before chartering a school.
2.6"Affidavit" means the form an authorizer submits to the commissioner that is a
2.7precondition to a charter school organizing an affiliated nonprofit building corporation
2.8under subdivision 17a.
2.9(b) The following organizations may authorize one or more charter schools:
2.10(1) a school board; intermediate school district school board; education district
2.11organized under sections
2.12(2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
2.13of 1986, excluding a nonpublic sectarian or religious institution, any person other than a
2.14natural person that directly or indirectly, through one or more intermediaries, controls,
2.15is controlled by, or is under common control with the nonpublic sectarian or religious
2.16institution, and any other charitable organization under this clause that in the federal IRS
2.17Form 1023, Part IV, describes activities indicating a religious purpose, that:
2.18(i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
2.19Foundations;
2.20(ii) is registered with the attorney general's office;
2.21(iii) reports an end-of-year fund balance of at least $2,000,000; and
2.22(iv) is incorporated in the state of Minnesota;
2.23(3) a Minnesota private college, notwithstanding clause (2), that grants two- or
2.24four-year degrees and is registered with the Minnesota Office of Higher Education under
2.25chapter 136A; community college, state university, or technical college governed by the
2.26Board of Trustees of the Minnesota State Colleges and Universities; or the University of
2.27Minnesota; or
2.28(4) a nonprofit corporation subject to chapter 317A, described in section
2.29and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code
2.30of 1986, may authorize one or more charter schools if the charter school has operated
2.31for at least three years under a different authorizer and if the nonprofit corporation has
2.32existed for at least 25 years.
2.33(5) no more than three single-purpose authorizers that are charitable, nonsectarian
2.34organizations formed under section 501(c)(3) of the Internal Revenue Code of 1986 and
2.35incorporated in the state of Minnesota whose sole purpose is to charter schools. Eligible
2.36organizations interested in being approved as an authorizer under this paragraph must
3.1submit a proposal to the commissioner that includes the provisions of paragraph (c) and
3.2a five-year financial plan. Such authorizers shall consider and approve applications
3.3using the criteria provided in subdivision 4 and shall not limit the applications it solicits,
3.4considers, or approves to any single curriculum, learning program, or method.
3.5(c) An eligible authorizer under this subdivision must apply to the commissioner for
3.6approval as an authorizer before submitting any affidavit to the commissioner to charter
3.7a school. The application for approval as a charter school authorizer must demonstrate
3.8the applicant's ability to implement the procedures and satisfy the criteria for chartering a
3.9school under this section. The commissioner must approve or disapprove an application
3.10within 60 business days of the application deadline. If the commissioner disapproves
3.11the application, the commissioner must notify the applicant of the deficiencies and the
3.12applicant then has 20 business days to address the deficiencies to the commissioner's
3.13satisfaction. Failing to address the deficiencies to the commissioner's satisfaction makes
3.14an applicant ineligible to be an authorizer. The commissioner, in establishing criteria for
3.15approval, must consider the applicant's:
3.16(1) capacity and infrastructure;
3.17(2) application criteria and process;
3.18(3) contracting process;
3.19(4) ongoing oversight and evaluation processes; and
3.20(5) renewal criteria and processes.
3.21(d) The affidavit to be submitted to and evaluated by the commissioner must include
3.22at least the following:
3.23(1) how chartering schools is a way for the organization to carry out its mission;
3.24(2) a description of the capacity of the organization to serve as an authorizer,
3.25including the personnel who will perform the authorizing duties, their qualifications, the
3.26amount of time they will be assigned to this responsibility, and the financial resources
3.27allocated by the organization to this responsibility;
3.28(3) a description of the application and review process the authorizer will use to make
3.29decisions regarding the granting of charters, which will include at least the following:
3.30(i) how the statutory purposes defined in subdivision 1 are addressed;
3.31(ii) the mission, goals, program model, and student performance expectations;
3.32(iii) an evaluation plan for the school that includes criteria for evaluating educational,
3.33organizational, and fiscal plans;
3.34(iv) the school's governance plan;
3.35(v) the financial management plan; and
3.36(vi) the administration and operations plan;
4.1(4) a description of the type of contract it will arrange with the schools it charters
4.2that meets the provisions of subdivision 6 and defines the rights and responsibilities of the
4.3charter school for governing its educational program, controlling its funds, and making
4.4school management decisions;
4.5(5) the process to be used for providing ongoing oversight of the school consistent
4.6with the contract expectations specified in clause (4) that assures that the schools chartered
4.7are complying with both the provisions of applicable law and rules, and with the contract;
4.8(6) the process for making decisions regarding the renewal or termination of
4.9the school's charter based on evidence that demonstrates the academic, organizational,
4.10and financial competency of the school, including its success in increasing student
4.11achievement and meeting the goals of the charter school agreement; and
4.12(7) an assurance specifying that the organization is committed to serving as an
4.13authorizer for the full five-year term.
4.14A disapproved applicant under this paragraph may resubmit an application during a
4.15future application period.
4.16(e) The authorizer must participate in department-approved training.
4.17(f) An authorizer that chartered a school before August 1, 2009, must apply by June
4.1830,
4.19authorizer under this section. For purposes of this paragraph, an authorizer that fails to
4.20submit a timely application is ineligible to charter a school.
4.21(g) The commissioner shall review an authorizer's performance every five years in
4.22a manner and form determined by the commissioner and may review an authorizer's
4.23performance more frequently at the commissioner's own initiative or at the request of a
4.24charter school operator, charter school board member, or other interested party. The
4.25commissioner, after completing the review, shall transmit a report with findings to the
4.26authorizer. If, consistent with this section, the commissioner finds that an authorizer
4.27has not fulfilled the requirements of this section, the commissioner may subject the
4.28authorizer to corrective action, which may include terminating the contract with the
4.29charter school board of directors of a school it chartered. The commissioner must notify
4.30the authorizer in writing of any findings that may subject the authorizer to corrective
4.31action and the authorizer then has 15 business days to request an informal hearing before
4.32the commissioner takes corrective action.
4.33(h) The commissioner may at any time take corrective action against an authorizer,
4.34including terminating an authorizer's ability to charter a school for:
4.35(1) failing to demonstrate the criteria under paragraph (c) under which the
4.36commissioner approved the authorizer;
5.1(2) violating a term of the chartering contract between the authorizer and the charter
5.2school board of directors; or
5.3(3) unsatisfactory performance as an approved authorizer.
5.4EFFECTIVE DATE.This section is effective the day following final enactment.
