1.1                          A bill for an act 
  1.2             relating to education; authorizing charter schools to 
  1.3             operate school readiness programs; authorizing the use 
  1.4             of compensatory revenue for early literacy efforts; 
  1.5             amending Minnesota Statutes 2002, section 124D.15, 
  1.6             subdivision 1; Minnesota Statutes 2003 Supplement, 
  1.7             sections 124D.10, subdivision 8; 126C.15, subdivision 
  1.8             1.  
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.11  124D.10, subdivision 8, is amended to read: 
  1.12     Subd. 8.  [STATE AND LOCAL REQUIREMENTS.] (a) A charter 
  1.13  school shall meet all applicable state and local health and 
  1.14  safety requirements. 
  1.15     (b) A school sponsored by a school board may be located in 
  1.16  any district, unless the school board of the district of the 
  1.17  proposed location disapproves by written resolution.  
  1.18     (c) A charter school must be nonsectarian in its programs, 
  1.19  admission policies, employment practices, and all other 
  1.20  operations.  A sponsor may not authorize a charter school or 
  1.21  program that is affiliated with a nonpublic sectarian school or 
  1.22  a religious institution. 
  1.23     (d) Charter schools must not be used as a method of 
  1.24  providing education or generating revenue for students who are 
  1.25  being home-schooled. 
  1.26     (e) The primary focus of a charter school must be to 
  1.27  provide a comprehensive program of instruction for at least one 
  2.1   grade or age group from five through 18 years of age.  
  2.2   Instruction may be provided to ~~people~~ students younger than five 
  2.3   years and older than 18 years of age. 
  2.4      (f) A charter school may not charge tuition. 
  2.5      (g) A charter school is subject to and must comply with 
  2.6   chapter 363A and section 121A.04. 
  2.7      (h) A charter school is subject to and must comply with the 
  2.8   Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 
  2.9   Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 
  2.10     (i) A charter school is subject to the same financial 
  2.11  audits, audit procedures, and audit requirements as a district.  
  2.12  Audits must be conducted in compliance with generally accepted 
  2.13  governmental auditing standards, the Federal Single Audit Act, 
  2.14  if applicable, and section 6.65.  A charter school is subject to 
  2.15  and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 
  2.16  118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 
  2.17  471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 
  2.18  4, 5, 6, 12, 13, and 15; 471.881; and 471.89.  The audit must 
  2.19  comply with the requirements of sections 123B.75 to 123B.83, 
  2.20  except to the extent deviations are necessary because of the 
  2.21  program at the school.  Deviations must be approved by the 
  2.22  commissioner.  The Department of Education, state auditor, or 
  2.23  legislative auditor may conduct financial, program, or 
  2.24  compliance audits.  A charter school determined to be in 
  2.25  statutory operating debt under sections 123B.81 to 123B.83 must 
  2.26  submit a plan under section 123B.81, subdivision 4. 
  2.27     (j) A charter school is a district for the purposes of tort 
  2.28  liability under chapter 466. 
  2.29     (k) A charter school must comply with sections 13.32; 
  2.30  120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 
  2.31  and 5.  
  2.32     (l) A charter school is subject to the Pledge of Allegiance 
  2.33  requirement under section 121A.11, subdivision 3. 
  2.34     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
  2.35     Sec. 2.  Minnesota Statutes 2002, section 124D.15, 
  2.36  subdivision 1, is amended to read: 
  3.1      Subdivision 1.  [ESTABLISHMENT; PURPOSE.] A district, a 
  3.2   charter school, or a group of districts or charter schools may 
  3.3   establish a school readiness program for eligible children.  The 
  3.4   purpose of a school readiness program is to provide all eligible 
  3.5   children adequate opportunities to participate in child 
  3.6   development programs that enable the children to enter school 
  3.7   with the necessary skills and behavior and family stability and 
  3.8   support to progress and flourish. 
  3.9      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
  3.10     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  3.11  126C.15, subdivision 1, is amended to read: 
  3.12     Subdivision 1.  [USE OF THE REVENUE.] The basic skills 
  3.13  revenue under section 126C.10, subdivision 4, must be reserved 
  3.14  and used to meet the educational needs of pupils who enroll 
  3.15  under-prepared to learn and whose progress toward meeting state 
  3.16  or local content or performance standards is below the level 
  3.17  that is appropriate for learners of their age.  Any of the 
  3.18  following may be provided to meet these learners' needs: 
  3.19     (1) direct instructional services under the assurance of 
  3.20  mastery program according to section 124D.66; 
  3.21     (2) remedial instruction in reading, language arts, 
  3.22  mathematics, other content areas, or study skills to improve the 
  3.23  achievement level of these learners; 
  3.24     (3) additional teachers and teacher aides to provide more 
  3.25  individualized instruction to these learners through individual 
  3.26  tutoring, lower instructor-to-learner ratios, or team teaching; 
  3.27     (4) a longer school day or week during the regular school 
  3.28  year or through a summer program that may be offered directly by 
  3.29  the site or under a performance-based contract with a 
  3.30  community-based organization; 
  3.31     (5) comprehensive and ongoing staff development consistent 
  3.32  with district and site plans according to section 122A.60, for 
  3.33  teachers, teacher aides, principals, and other personnel to 
  3.34  improve their ability to identify the needs of these learners 
  3.35  and provide appropriate remediation, intervention, 
  3.36  accommodations, or modifications; 
  4.1      (6) instructional materials and technology appropriate for 
  4.2   meeting the individual needs of these learners; 
  4.3      (7) programs to reduce truancy, encourage completion of 
  4.4   high school, enhance self-concept, provide health services, 
  4.5   provide nutrition services, provide a safe and secure learning 
  4.6   environment, provide coordination for pupils receiving services 
  4.7   from other governmental agencies, provide psychological services 
  4.8   to determine the level of social, emotional, cognitive, and 
  4.9   intellectual development, and provide counseling services, 
  4.10  guidance services, and social work services; 
  4.11     (8) bilingual programs, bicultural programs, and programs 
  4.12  for learners of limited English proficiency; 
  4.13     (9) all day kindergarten; 
  4.14     (10) extended school day and extended school year programs; 
  4.15  ~~and~~ 
  4.16     (11) substantial parent involvement in developing and 
  4.17  implementing remedial education or intervention plans for a 
  4.18  learner, including learning contracts between the school, the 
  4.19  learner, and the parent that establish achievement goals and 
  4.20  responsibilities of the learner and the learner's parent or 
  4.21  guardian; and 
  4.22     (12) developmentally appropriate early literacy programs 
  4.23  using research-based interventions provided to students prior to 
  4.24  entrance to kindergarten. 
  4.25     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004.