NCREL's Policy Briefs

Charter Schools:
A New Breed of Public Schools

Major Provisions of the Minnesota Law

• A school board may authorize up to five outcome-based schools.

• Up to 20 Charter Schools may be authorized statewide.

• The school must be located in the sponsoring district, unless the board agrees to allow another district to sponsor a school within its boundaries or unless the state board is sponsoring the school.

• Organizers may appeal to the State Board of Education from a negative decision by a local board if at least two members of the local board have voted in favor.

• Charters last for three years, but can be renewed.

• Outcome-based schools are public and cannot charge tuition.

• Outcome-based schools are exempt from all state rules applicable to a school board or district.

• Outcome-based schools must meet all applicable health and safety requirements.

• Outcome-based schools must focus on comprehensive instruction for at least one grade or age, but can be limited to one grade or age group.

• Schools must be nonsectarian in program and admission policies. They cannot hold admissions tests. (Some do develop performance contracts.) They cannot be associated with a nonpublic sectarian school or religious institution.

• Teachers must hold valid state teacher licenses.

• If 90% of the teachers say "yes," an existing public school can be converted to a Charter School.

• The school is subject to financial audit, the pupil fair dismissal law, and fee law.

Starting a Charter School

• Charter Schools need state authority.

• School boards may authorize one or more licensed teachers to form and operate outcome-based schools, subject to approval by the state board of education.

• The Charter School will organize as a cooperative or nonprofit corporation.

• Charter teachers elect a board of directors and must hold a majority of the positions on the board. Parents may participate in the election and serve as board members.

• Charter Schools must comply with state fair dismissal provisions.

• The Charter School may lease space from a school board or from other public or private nonprofit, nonsectarian organizations or in the general commercial market if the state approves the lease.

• A teacher employed by the school district may take an extended leave of absence to work in an outcome-based school without loss of seniority and other associated benefits, including participation in the retirement plan.

Three-year contract provisions between the charter board and board of education include:

• Description of the educational program

• Specific outcomes students are expected to achieve

• Admission policies and procedures

• Management and administration of the school

• Procedures for financial audit

• Assumption of liability and types of insurance coverage.

Admissions:

• Charter Schools may restrict admissions to:
  1. an age or grade level

  2. students "not doing well" in regular school

  3. residents of specific geographic areas, "if the percentage of the population of non-Caucasian people in the geographic area is greater than the percentage of non-Caucasian population in the Congressional district in which the geographic area is located, as long as the school reflects the racial and ethnic diversity of that area"

• Students are drawn by lot if the number of student applications exceeds capacity

• The school may not limit admission on the basis of "intellectual ability, measures of achievement or aptitude, or athletic ability."

The charter of an outcome-based school can be terminated or not renewed, for:

• failure to meet the requirements of pupil performance articulated in the contract

• failure to meet generally accepted standards of fiscal management

• violations of law

• other good causes shown

Immunity:

• The state board of education, members of the state board, a sponsor, and members of the board of a sponsor are immune from civil and criminal liability with respect to outcome-based schools.

Posted on March 6, 1995

URL: http://www.ncrel.org/sdrs/areas/issues/envrnmnt/go/93-2MAJR.HTM