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　　123B.04 Site decision-making agreement.

　　Subdivision 1. Definition. "Education site" means a

　　separate facility. A program within a facility is an education

　　site if the school board recognizes it as a site.

　　Subd. 2. Agreement. (a) Either the school board or

　　the school site decision-making team may request that the school

　　board enter into an agreement with a school site decision-making

　　team concerning the governance, management, or control of the

　　school. A school site decision-making team may include the

　　school principal, teachers in the school or their designee,

　　other employees in the school, parents of pupils in the school,

　　representatives of pupils in the school, or other members in the

　　community. The school site decision-making team shall include

　　the school principal or other person having general control and

　　supervision of the school. The site decision-making team must

　　reflect the diversity of the education site. No more than

　　one-half of the members shall be employees of the district,

　　unless an employee is the parent of a student enrolled in the

　　school site, in which case the employee may elect to serve as a

　　parent member of the site team.

　　(b) School site decision-making agreements must delegate

　　powers, duties, and broad management responsibilities to site

　　teams and involve staff members, students as appropriate, and

　　parents in decision making.

　　(c) An agreement shall include a statement of powers,

　　duties, responsibilities, and authority to be delegated to and

　　within the site.

　　(d) An agreement may include:

　　(1) an achievement contract according to subdivision 4;

　　(2) a mechanism to allow principals, or other persons

　　having general control and supervision of the school, to make

　　decisions regarding how financial and personnel resources are

　　best allocated at the site and from whom goods or services are

　　purchased;

　　(3) a mechanism to implement parental involvement programs

　　under section 124D.895 and to provide for effective parental

　　communication and feedback on this involvement at the site

　　level;

　　(4) a provision that would allow the team to determine who

　　is hired into licensed and nonlicensed positions;

　　(5) a provision that would allow teachers to choose the

　　principal or other person having general control;

　　(6) an amount of revenue allocated to the site under

　　subdivision 3; and

　　(7) any other powers and duties determined appropriate by

　　the board.

　　The school board of the district remains the legal employer

　　under clauses (4) and (5).

　　(e) Any powers or duties not delegated to the school site

　　management team in the school site management agreement shall

　　remain with the school board.

　　(f) Approved agreements shall be filed with the

　　commissioner. If a school board denies a request to enter into

　　a school site management agreement, it shall provide a copy of

　　the request and the reasons for its denial to the commissioner.

　　Subd. 3. Revenue and cost allocation. Revenue for a

　　fiscal year received or receivable by the district shall be

　　allocated to education sites based on the agreement between the

　　school board and the site decision-making team. Revenue shall

　　remain allocated to each site until used by the site. The site

　　teams and the board may enter an agreement that permits the

　　district to provide services and retain the revenue required to

　　pay for the services provided. The district remains responsible

　　for legally entering into contracts and expending funds. For

　　the purposes of this subdivision, "allocation" means that the

　　determination of the use of the revenue shall be under the

　　control of the site. The district may charge the accounts of

　　each site the actual costs of goods and services from the

　　general or capital funds attributable to the site.

　　Subd. 4. Achievement contract. A school board may

　　enter a written education site achievement contract with each

　　site decision-making team for the purpose of setting learning

　　performance expectations for that site, including the goals for

　　improvement in each area of student performance during the next

　　year, a plan to assist the education site if their goals are not

　　achieved, and other performance expectations and measures

　　determined by the board and the site decision-making team.

　　Subd. 5. Commissioner's role. The commissioner of

　　children, families, and learning, in consultation with

　　appropriate educational organizations, shall:

　　(1) upon request, provide technical support for districts

　　and sites with agreements under this section;

　　(2) conduct and compile research on the effectiveness of

　　site decision making; and

　　(3) periodically report on and evaluate the effectiveness

　　of site management agreements on a statewide basis.

　　HIST: 1987 c 398 art 7 s 22; 1991 c 265 art 7 s 9; 1993 c 224

　　art 7 s 7; 1Sp1997 c 4 art 5 s 11; 1998 c 397 art 6 s 124; art

　　11 s 3; 2000 c 489 art 6 s 6