1.1 A bill for an act
1.2 relating to education; modifying requirements for charter school boards of directors
1.3 and charter school chief administrators; amending Minnesota Statutes 2024, sections
1.4 10A.01, subdivision 35; 124E.07, subdivisions 2, 3, 5; 124E.12, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 10A.01, subdivision 35, is amended to read:
1.7 Subd. 35.Public official."Public official" means any:
1.8 (1) member of the legislature;
1.9 (2) individual employed by the legislature as secretary of the senate, legislative auditor,
1.10director of the Legislative Budget Office, chief clerk of the house of representatives, revisor
1.11of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of
1.12Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis
1.13Department;
1.14 (3) constitutional officer in the executive branch and the officer's chief administrative
1.15deputy;
1.16 (4) solicitor general or deputy, assistant, or special assistant attorney general;
1.17 (5) commissioner, deputy commissioner, or assistant commissioner of any state
1.18department or agency as listed in section 15.01 or 15.06, or the state chief information
1.19officer;
1.20 (6) member, chief administrative officer, or deputy chief administrative officer of a state
1.21board or commission that has either the power to adopt, amend, or repeal rules under chapter
1.2214, or the power to adjudicate contested cases or appeals under chapter 14;
1Section 1.
25-03211 as introduced02/04/25 REVISOR CR/LJ
SENATE
STATE OF MINNESOTA
S.F. No. 2774NINETY-FOURTH SESSION
(SENATE AUTHORS: CWODZINSKI)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/20/2025
Referred to Education Policy 2.1 (7) individual employed in the executive branch who is authorized to adopt, amend, or
2.2repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
2.3 (8) executive director of the State Board of Investment;
2.4 (9) deputy of any official listed in clauses (7) and (8);
2.5 (10) judge of the Workers' Compensation Court of Appeals;
2.6 (11) administrative law judge or compensation judge in the State Office of Administrative
2.7Hearings or unemployment law judge in the Department of Employment and Economic
2.8Development;
2.9 (12) member, regional administrator, division director, general counsel, or operations
2.10manager of the Metropolitan Council;
2.11 (13) member or chief administrator of a metropolitan agency;
2.12 (14) director of the Division of Alcohol and Gambling Enforcement in the Department
2.13of Public Safety;
2.14 (15) member or executive director of the Higher Education Facilities Authority;
2.15 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
2.16 (17) member of the board of directors or executive director of the Minnesota State High
2.17School League;
2.18 (18) member of the Minnesota Ballpark Authority established in section 473.755;
2.19 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
2.20 (20) manager of a watershed district, or member of a watershed management organization
2.21as defined under section 103B.205, subdivision 13;
2.22 (21) supervisor of a soil and water conservation district;
2.23 (22) director of Explore Minnesota Tourism;
2.24 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section
2.2597A.056;
2.26 (24) citizen member of the Clean Water Council established in section 114D.30;
2.27 (25) member or chief executive of the Minnesota Sports Facilities Authority established
2.28in section 473J.07;
2.29 (26) district court judge, appeals court judge, or supreme court justice;
2Section 1.
25-03211 as introduced02/04/25 REVISOR CR/LJ 3.1 (27) county commissioner;
3.2 (28) member of the Greater Minnesota Regional Parks and Trails Commission;
3.3 (29) member of the Destination Medical Center Corporation established in section
3.4469.41; or
3.5 (30) chancellor or member of the Board of Trustees of the Minnesota State Colleges
3.6and Universities.;
3.7 (31) member of a charter school ongoing board of directors under section 124E.07; or
3.8 (32) charter school director or chief administrator for a school formed according to
3.9chapter 124E.
3.10 Sec. 2. Minnesota Statutes 2024, section 124E.07, subdivision 2, is amended to read:
3.11 Subd. 2.Ongoing board of directors.The initial board must begin the transition to the
3.12ongoing board structure by the end of the first year of operation and complete the transition
3.13by the end of the second year of operation. The terms of board members shall begin on July
3.141. Terms shall be no less than two years. The bylaws shall set the number of terms an
3.15individual may serve on the board and as an officer of the board. Board elections must be
3.16held during the school year but may not be conducted on days when the school is closed
3.17Members of the ongoing board of directors are public officials under chapter 10A.
3.18 Sec. 3. Minnesota Statutes 2024, section 124E.07, subdivision 3, is amended to read:
3.19 Subd. 3.Membership criteria.(a) The ongoing charter school board of directors shall
3.20must have at least five members. The board members must reside in Minnesota. The board
3.21members must not be related parties. The ongoing board must include: (1) at least one
3.22licensed teacher; (2) at least one parent or legal guardian of a student enrolled in the charter
3.23school who is not an employee of the charter school; and (3) at least one interested
3.24community member. A community member serving on the board must reside in Minnesota,
3.25must not have a child enrolled in the school, and must not be an employee of the charter
3.26school.
3.27 (b) To serve as a licensed teacher on a charter school board, an individual must:
3.28 (1) be employed by the school or provide at least 720 hours of service under a contract
3.29between the charter school and a teacher cooperative;
3Sec. 3.
25-03211 as introduced02/04/25 REVISOR CR/LJ 4.1 (2) be a qualified teacher as defined under section 122A.16, either serving as a teacher
4.2of record in a field in which the individual has a field license, or providing services to
4.3students the individual is licensed to provide; and
4.4 (3) not serve in an administrative or supervisory capacity for more than 240 hours in a
4.5school calendar year.
4.6 (c) The board structure must be defined in the bylaws. The board structure may (1) be
4.7a majority of teachers under paragraph (b), (2) be a majority of parents, (3) be a majority
4.8of community members, or (4) have no clear majority.
4.9 (d) The chief administrator may only serve as an ex-officio nonvoting board member.
4.10No charter school employees shall serve on the board other than teachers under paragraph
4.11(b).
4.12 (e) A contractor providing facilities, goods, or services to a charter school must not serve
4.13on the board of directors. In addition, an individual is prohibited from serving as a member
4.14of the charter school board of directors if: (1) the individual, an immediate family member,
4.15or the individual's partner is a full or part owner or principal with a for-profit or nonprofit
4.16entity or independent contractor with whom the charter school contracts, directly or indirectly,
4.17for professional services, goods, or facilities; or (2) an immediate family member is an
4.18employee of the school. An individual may serve as a member of the board of directors if
4.19no conflict of interest exists under this paragraph, consistent with this section.
4.20 (f) A violation of paragraph (e) renders a contract voidable at the option of the
4.21commissioner or the charter school board of directors. A member of a charter school board
4.22of directors who violates paragraph (e) is individually liable to the charter school for any
4.23damage caused by the violation.
4.24 (g) Any employee, agent, contractor, or board member of the authorizer who participates
4.25in initially reviewing, approving, overseeing, evaluating, renewing, or not renewing the
4.26charter school is ineligible to serve on the board of directors of a school chartered by that
4.27authorizer.
4.28 (h) An individual is prohibited from serving on more than one charter school board at
4.29the same time in either an elected or ex-officio capacity, except that an individual serving
4.30as an administrator serving more than one school under section 124E.12, subdivision 2,
4.31paragraph (f), may serve on each board as an ex-officio member.
4Sec. 3.
25-03211 as introduced02/04/25 REVISOR CR/LJ 5.1 (i) A board member must not receive more compensation for their role as a charter school
5.2board member than a school board member in the school district in which the charter school
5.3is located.
5.4 Sec. 4. Minnesota Statutes 2024, section 124E.07, subdivision 5, is amended to read:
5.5 Subd. 5.Board elections.(a) Staff members employed at the school, including teachers
5.6providing instruction under a contract with a cooperative, members of the board of directors,
5.7and all parents or legal guardians of children enrolled in the school are the voters eligible
5.8to elect the members of the school's board of directors.
5.9 (b) The board of directors must establish and publish election policies and procedures
5.10on the school's website.
5.11 (c) The board of directors must notify eligible voters of the school board election dates
5.12and voting procedures at least 30 calendar days before the election and post this information
5.13on the school's website.
5.14 (d) The board of directors must notify eligible voters of the candidates' names,
5.15biographies, and candidate statements at least ten calendar days before the election and post
5.16this information on the school's website.
5.17 (e) Board elections must be held during the school year but must not be conducted on
5.18days when school is closed.
5.19 (f) An elected board member must file a written oath of office with the charter school's
5.20authorizer.
5.21 Sec. 5. Minnesota Statutes 2024, section 124E.12, subdivision 2, is amended to read:
5.22 Subd. 2.Administrators.(a) A charter school board of directors must establish
5.23qualifications for all persons who hold administrative, academic supervision, or instructional
5.24leadership positions. The qualifications must include a requirement that a person hold a
5.25minimum of a four-year degree from an accredited institution or equivalent experience.
5.26Other qualifications for these positions shall include, as appropriate for the specific position:
5.27instruction and assessment, curriculum design, human resource and personnel management,
5.28professional ethics, child development, financial management, legal and compliance
5.29management, special education oversight, contract management, effective communication,
5.30cultural competency, board and authorizer relationships, parent relationships, and community
5.31partnerships. A charter school board of directors must use those qualifications as the basis
5.32for the job description, hiring process, and performance evaluation of the charter school
5Sec. 5.
25-03211 as introduced02/04/25 REVISOR CR/LJ 6.1director or chief administrator. The charter school director or chief administrator must use
6.2those qualifications as the basis for the job descriptions, hiring, and performance reviews
6.3for the administrative staff, academic program supervisors, and instructional leaders who
6.4report to the charter school director or chief administrator.
6.5 (b) A person who does not hold a valid administrator's license may perform
6.6administrative, academic supervision, or instructional leadership duties. A person without
6.7a valid administrator's license serving as a charter school director or chief administrator
6.8must complete a minimum of 25 hours annually of competency-based training corresponding
6.9to the individual's annual professional development needs and plan approved by the charter
6.10school board of directors. Training includes but is not limited to: instruction and curriculum;
6.11state standards; teacher and staff hiring, development, support, and evaluation;
6.12social-emotional learning; data collection and usage; assessment methodologies; use of
6.13technology for learning and management; charter school law and requirements; code of
6.14professional ethics; financial management and state accounting requirements; grant
6.15management; legal and compliance management; special education management; health
6.16and safety laws; restorative justice; cultural competencies; effective communication; parent
6.17relationships; board and management relationships; community partnerships; charter contract
6.18and authorizer relationships; and public accountability.
6.19 (c) A person serving as a charter school director or chief administrator with a valid
6.20administrator's license must complete a minimum of ten hours of competency-based training
6.21during the first year of employment on the following: charter school law and requirements,
6.22board and management relationships, and charter contract and authorizer relationships.
6.23 (d) The training a person must complete under paragraphs (b) and (c) may not be
6.24self-instructional. The organization or instructor providing the training must certify
6.25completion of the training. The person must submit the certification of completion of training
6.26to the charter school board of directors and certifications must be maintained in the personnel
6.27file. Completing required training must be a component of annual performance evaluations.
6.28 (e) All professional development training completed by the charter school director or
6.29chief administrator in the previous academic year must be documented in the charter school's
6.30annual report.
6.31 (f) No charter school administrator may serve as a paid administrator or consultant with
6.32another charter school without the knowledge and a two-thirds vote of approval of the boards
6.33of directors of the charter schools involved in such an arrangement. The boards of directors
6Sec. 5.
25-03211 as introduced02/04/25 REVISOR CR/LJ 7.1involved in such arrangements must send notice of this arrangement to authorizers upon
7.2approval by the boards.
7.3 (g) No charter school administrator may serve on the board of directors of another charter
7.4school, except that an individual serving as an administrator serving more than one school
7.5under paragraph (f) may serve on each board as an ex-officio member.
7.6 (h) A person serving as a charter school director or chief administrator is a public official
7.7under chapter 10A.
7Sec. 5.
25-03211 as introduced02/04/25 REVISOR CR/LJ