Agenda - Council - 07/12/2022 - Laserfiche WebLink

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To seek approval as an authorizer, an organization must apply to the Commissioner of the Department of Education (the "Commissioner"). The application for approval as an authorizer must demonstrate the applicant's ability to implement the procedures and satisfy the criteria for chartering a school. The Commissioner must approve or disapprove of the application within forty-five(45)business days of the application deadline. After approval as an authorizer,the authorizer is subject to a review by the Commissioner every five years. If the Commissioner finds that an authorizer has not fulfilled its requirements pursuant to State law,the Commissioner may subject the authorizer to corrective action,which may include terminating the Charter Contract of any schools chartered by the authorizer. To seek approval to charter a specific charter school, an authorizer must file an affidavit with the Commissioner, stating the terms and conditions under which the authorizer would charter a school and how the authorizer intends to oversee the fiscal and student performance of the charter school and how the authorizer would comply with the written contract between the authorizer and the charter school board. The Commissioner must approve or disapprove of the application within sixty(60)business days of receipt of the affidavit. Charter Contract(Minn.Stat.§124E.10) The authorization for a charter school is in the form of a written contract signed by the authorizer and the board of directors of a charter school(the"Charter Contract"). The Charter Contract must be completed within forty- five (45) business days of the Commissioner's approval of the authorizer's affidavit. The authorizer is required to submit a copy of the signed Charter Contract to the Commissioner within ten (10)business days of execution. The Charter Contract must contain: (1)a declaration that the charter school will carry out the primary purpose in§ 124E.10 subdivision 1 (to improve pupil learning and student achievement),and how the school will report its implementation of this purpose; (2) a declaration of additional purposes that the school intends to carry out and how the school will report its implementation of those purposes; (3) a description of the school program and specific academic and nonacademic outcomes that pupils must achieve; (4) a statement of admission policies and procedures; (5) a governance, management, and administration plan for the school; (6) signed agreements from charter school board members to comply with all federal and State laws governing organizational, programmatic, and financial requirements applicable to charter schools; (7)the criteria, processes, and procedures that the authorizer will use to monitor and evaluate the fiscal, operational, and academic performance; (8) for contract renewal, the formal written performance evaluation of the school that is a prerequisite for reviewing a Charter Contract; (9) types and amounts of insurance liability coverage to be obtained by the charter school; (10) a provision to indemnify and hold harmless the authorizer and its officers,agents,and employees,as well as the Commissioner and officers,agents,and employees of the Department of Education, from any suits, claim, or liability arising from any operation of the charter school; (11) the term of the initial contract, which may be up to five years plus an additional preoperational planning year, and up to five years for a renewed contract or a contract with a new authorizer if warranted by the school's academic, financial, and operational performance; (12) how the board of directors or the operators of the school will provide special instruction and services for children with a disability and a description of the financial parameters within which the charter school will operate to provide the special instruction and services to a children with a disability; (13)the specific conditions for contract renewal that identify performance under the primary purpose as the most important factor in determining contract renewal;(14)the additional purposes and related performance obligations contained in the charter contract as additional factors in determining contract renewal; and(15)the plan for an orderly closing of the charter school, whether the closure is a termination for cause, a voluntary terminator, or a nonrenewal of the contract,that includes establishing the responsibilities of the charter school board of directors and the authorizer and notifying the Commissioner,authorizer, school district in which the charter school is located,and parents of enrolled students about the closure, information and assistance sufficient to enable the student to re-enroll in another school, the transfer of student records,and procedures for closing financial operations. Requirements for Charter Schools (Minn. Stat. §§124E.03, subds. 2 and 3; 124E.06, subd. 3; 124E.10, subd. 1(b)) A charter school is required to be nonsectarian in its programs, admission policies, employment practices, and all other operations. Charter schools must be able to provide a comprehensive program of instruction for at least one grade or age group from five through 18 years of age. A charter school must comply with statewide accountability requirements governing standards and assessments in Minn. Stat. Chapter 120B. A charter school must design its programs to at least meet the outcomes adopted by the commissioner for public school students. A charter school cannot charge tuition and may only charge fees for specified activities as in Minn. Stat. § 123B.35. A charter school C-2