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

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Tort Liability(Minn.Stat.§124E.03,subd. 2(d); Ch. 466) A Charter School is subject to the same limits on tort liability as a traditional public school district or other municipality. Minnesota Statutes,Chapter 466,establishes liability limits for the torts of a municipality or its officers, employees and agents acting within the scope of their employment or duties whether arising out of a governmental or proprietary function. For claims arising after July 1,2009, such tort claims shall not exceed: (1) $500,000 when the claim is one for death by wrongful act or omission and$500,000 to any claimant in any other case;and(2)$1,500,000 for any number of claims arising out of a single occurrence. The limit is doubled if the claim arises out of the release or threatened release of a hazardous substance. No award for damages on any such claim shall include punitive damages. Additional State and Federal Law Compliance In addition the Charter School Act and the other State laws mentioned above, charter schools are subject to additional laws that apply to all public schools. For example, charter schools are required to comply with State and federal special education laws;State,federal,and local health and safety requirements;Section 504 and the Americans with Disabilities Act; federal non-discrimination laws (including, among others, Title VI, Title VII, Title IX); the Minnesota Human Rights Act, the Pupil Fair Dismissal Act, Statewide accountability requirements governing standards and assessment; the No Child Left Behind Act; the Minnesota Public School Fee Law; the Minnesota Government Data Practices Act; the Minnesota Open Meeting Law; State compulsory attendance laws; State laws pertaining to the receipt and dissemination of juvenile disposition orders;State wage and benefit laws(Minn. Stat.Ch. 181); State records retention laws(Minn. Stat. §§ 138.163 and 13 8.17); State whistleblower protection(Minn. Stat. § 181.932); and the Minnesota Public Employment Labor Relations Act(Minn. Stat. Chapter 179A). Funding for Charter Schools State Funding for Charter Schools(Minn.Stat.§§124E.20;124E.21;124E.22;124E.23) The primary source of funds for the operation of Minnesota charter schools is State funding, including: (1) General Education Revenue,(2)Transportation Revenue,(3)Special Education Aid,and(4)Building Lease Aid. See "CHARTER SCHOOL FUNDING IN MINNESOTA"in this Official Statement for additional information related to funding. Building Lease Aid(Minn.Stat. §124E.22). With respect to Building Lease Aid, State law imposes restrictions on the types of organization from which a charter school may lease. A charter school must not use Building Lease Aid it receives for custodial maintenance service, utility, or other operating costs. The Commissioner must review and either approve or deny a lease aid application using the following criteria: (i)the reasonableness of the price based on current market conditions; (ii) the extent to which the lease conforms to applicable state laws and rules;and(iii)the appropriateness of the proposed lease in the context of the space needs and financial circumstances of the charter school. The Commissioner must approve aid only for a facility lease that has (a) a sum of certain annual costs and (b) an escape clause the charter school may exercise if its charter contract is terminated or not renewed. Related Party Leases(Minn.Stat. §124E.13,subd. I and 2). A charter school is prohibited from entering into a lease of real property with a related party unless the lessor is a nonprofit corporation or cooperative under Minn. Stat. Chapter 317A or 308A,respectively,and the lease cost is reasonable. If a charter school enters into a lease with a related party and subsequently closes,the Commissioner has the right to recover from the lessor any lease payments that are not reasonable under Minn. Stat. § 124E.22. A charter school may lease space from an independent or special school board, other public organization, private, nonprofit nonsectarian organization,private property owner, or a sectarian organization if the leased space is constructed as a school facility. The Commissioner must review and approve or disapprove of leases in a timely manner. C-6