Bill Text: MN SF1396 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Charter school authorizer transfer upon contract nonrenewal or termination authorization
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-05-09 - Author added Senjem [SF1396 Detail]
Download: Minnesota-2011-SF1396-Introduced.html
1.2relating to education; amending charter authorizer transfer provisions;amending
1.3Minnesota Statutes 2010, section 124D.10, subdivision 23.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 124D.10, subdivision 23, is amended to
1.6read:
1.7 Subd. 23. Causes for nonrenewal or termination of charter school contract. (a)
1.8The duration of the contract with an authorizer must be for the term contained in the
1.9contract according to subdivision 6. The authorizer may or may not renew a contract at
1.10the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
1.11terminate a contract during the term of the contract for any ground listed in paragraph
1.12(b). At least 60 days before not renewing or terminating a contract, the authorizer shall
1.13notify the board of directors of the charter school of the proposed action in writing. The
1.14notice shall state the grounds for the proposed action in reasonable detail and that the
1.15charter school's board of directors may request in writing an informal hearing before the
1.16authorizer within 15 business days of receiving notice of nonrenewal or termination of the
1.17contract. Failure by the board of directors to make a written request for a hearing within
1.18the 15-business-day period shall be treated as acquiescence to the proposed action. Upon
1.19receiving a timely written request for a hearing, the authorizer shall give ten business days'
1.20notice to the charter school's board of directors of the hearing date. The authorizer shall
1.21conduct an informal hearing before taking final action. The authorizer shall take final
1.22action to renew or not renew a contract no later than 20 business days before the proposed
1.23date for terminating the contract or the end date of the contract.
1.24(b) A contract may be terminated or not renewed upon any of the following grounds:
2.1(1) failure to meet the requirements for pupil performance contained in the contract;
2.2(2) failure to meet generally accepted standards of fiscal management;
2.3(3) violations of law; or
2.4(4) other good cause shown.
2.5If a contract is terminated or not renewed under this paragraph, a change in
2.6authorizers is allowed if the commissioner approves the transfer to a different eligible
2.7authorizer to authorize the charter school. Before the commissioner determines whether
2.8to approve a transfer of authorizer, the commissioner first must determine whether the
2.9charter school and prospective new authorizer can identify and effectively resolve those
2.10circumstances causing the previous authorizer to terminate the contract. If no transfer
2.11of authorizer is approved, the school must be dissolved according to the applicable
2.12provisions of chapter 308A or 317A.
2.13(c) If the authorizer and the charter school board of directors mutually agree to
2.14terminate or not renew the contract, a change in authorizers is allowed if the commissioner
2.15approves the transfer to a different eligible authorizer to authorize the charter school.
2.16Both parties must jointly submit their intent in writing to the commissioner to mutually
2.17terminate the contract. The authorizer that is a party to the existing contract at least must
2.18inform the approved different eligible authorizer about the fiscal and operational status
2.19and student performance of the school. Before the commissioner determines whether
2.20to approve a transfer of authorizer, the commissioner first must determine whether the
2.21charter school and prospective new authorizer can identify and effectively resolve those
2.22circumstances causing the previous authorizer and the charter school to mutually agree
2.23to terminate the contract. If no transfer of authorizer is approved, the school must be
2.24dissolved according to applicable law and the terms of the contract.
2.25(d) The commissioner, after providing reasonable notice to the board of directors of
2.26a charter school and the existing authorizer, and after providing an opportunity for a public
2.27hearing, may terminate the existing contract between the authorizer and the charter school
2.28board if the charter school has a history of:
2.29(1) failure to meet pupil performance requirements contained in the contract;
2.30(2) financial mismanagement or failure to meet generally accepted standards of
2.31fiscal management; or
2.32(3) repeated or major violations of the law.
2.33 (e) If the commissioner terminates a charter school contract under subdivision 3,
2.34paragraph (g), the commissioner shall provide the charter school with information about
2.35other eligible authorizers.
2.36EFFECTIVE DATE.This section is effective the day following final enactment.
1.3Minnesota Statutes 2010, section 124D.10, subdivision 23.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 124D.10, subdivision 23, is amended to
1.6read:
1.7 Subd. 23. Causes for nonrenewal or termination of charter school contract. (a)
1.8The duration of the contract with an authorizer must be for the term contained in the
1.9contract according to subdivision 6. The authorizer may or may not renew a contract at
1.10the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
1.11terminate a contract during the term of the contract for any ground listed in paragraph
1.12(b). At least 60 days before not renewing or terminating a contract, the authorizer shall
1.13notify the board of directors of the charter school of the proposed action in writing. The
1.14notice shall state the grounds for the proposed action in reasonable detail and that the
1.15charter school's board of directors may request in writing an informal hearing before the
1.16authorizer within 15 business days of receiving notice of nonrenewal or termination of the
1.17contract. Failure by the board of directors to make a written request for a hearing within
1.18the 15-business-day period shall be treated as acquiescence to the proposed action. Upon
1.19receiving a timely written request for a hearing, the authorizer shall give ten business days'
1.20notice to the charter school's board of directors of the hearing date. The authorizer shall
1.21conduct an informal hearing before taking final action. The authorizer shall take final
1.22action to renew or not renew a contract no later than 20 business days before the proposed
1.23date for terminating the contract or the end date of the contract.
1.24(b) A contract may be terminated or not renewed upon any of the following grounds:
2.1(1) failure to meet the requirements for pupil performance contained in the contract;
2.2(2) failure to meet generally accepted standards of fiscal management;
2.3(3) violations of law; or
2.4(4) other good cause shown.
2.5If a contract is terminated or not renewed under this paragraph, a change in
2.6authorizers is allowed if the commissioner approves the transfer to a different eligible
2.7authorizer to authorize the charter school. Before the commissioner determines whether
2.8to approve a transfer of authorizer, the commissioner first must determine whether the
2.9charter school and prospective new authorizer can identify and effectively resolve those
2.10circumstances causing the previous authorizer to terminate the contract. If no transfer
2.11of authorizer is approved, the school must be dissolved according to the applicable
2.12provisions of chapter 308A or 317A.
2.13(c) If the authorizer and the charter school board of directors mutually agree to
2.14terminate or not renew the contract, a change in authorizers is allowed if the commissioner
2.15approves the transfer to a different eligible authorizer to authorize the charter school.
2.16Both parties must jointly submit their intent in writing to the commissioner to mutually
2.17terminate the contract. The authorizer that is a party to the existing contract at least must
2.18inform the approved different eligible authorizer about the fiscal and operational status
2.19and student performance of the school. Before the commissioner determines whether
2.20to approve a transfer of authorizer, the commissioner first must determine whether the
2.21charter school and prospective new authorizer can identify and effectively resolve those
2.22circumstances causing the previous authorizer and the charter school to mutually agree
2.23to terminate the contract. If no transfer of authorizer is approved, the school must be
2.24dissolved according to applicable law and the terms of the contract.
2.25(d) The commissioner, after providing reasonable notice to the board of directors of
2.26a charter school and the existing authorizer, and after providing an opportunity for a public
2.27hearing, may terminate the existing contract between the authorizer and the charter school
2.28board if the charter school has a history of:
2.29(1) failure to meet pupil performance requirements contained in the contract;
2.30(2) financial mismanagement or failure to meet generally accepted standards of
2.31fiscal management; or
2.32(3) repeated or major violations of the law.
2.33 (e) If the commissioner terminates a charter school contract under subdivision 3,
2.34paragraph (g), the commissioner shall provide the charter school with information about
2.35other eligible authorizers.
2.36EFFECTIVE DATE.This section is effective the day following final enactment.
