HF 613

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am

A bill for an act
relating to education; enabling school districts to focus on delivering academic
services; transferring responsibilities for noncurricular athletic and fine arts
activities for youth from school districts to local governments; amending
Minnesota Statutes 2008, sections 122A.33, subdivision 1; 123B.35; 123B.36,
subdivision 1; 123B.49, subdivisions 1, 4; 123B.51, subdivision 4, by adding
a subdivision; 124D.61; 124D.74, subdivision 6; 128C.01; 128C.02; 128C.03;
128C.05; 128C.07; 128C.08; 275.70, subdivision 5; repealing Minnesota Statutes
2008, section 124D.095, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 122A.33, subdivision 1, is amended to
read:

Subdivision 1.

Employment.

Notwithstanding section 122A.15, subdivision 1, a
school district may employ as a head varsity coach of deleted text begin an deleted text end new text begin a cocurricular new text end interscholastic
sport at its secondary school a person who does not have a license as head varsity coach
of new text begin a cocurricular new text end interscholastic sports and who does not have a bachelor's degree if:

(1) in the judgment of the school board, the person has the knowledge and
experience necessary to coach the sport;

(2) can verify completion of six quarter credits, or the equivalent, or 60 clock hours
of instruction in first aid and the care and prevention of athletic injuries; and

(3) can verify completion of a coaching methods or theory course.

Sec. 2.

Minnesota Statutes 2008, section 123B.35, is amended to read:

123B.35 GENERAL POLICY.

It is the policy of the state of Minnesota that public school education shall be
free and no pupil shall be denied an education because of economic inability to furnish
educational books and supplies necessary to complete educational requirements necessary
for graduation. Any practice leading to suspension, coercion, exclusion, withholding
of grades or diplomas, or discriminatory action based upon nonpayment of fees denies
pupils their right to equal protection and entitled privileges. It is recognized that school
boards do have the right to accept voluntary contributions and to make certain charges
and to establish fees in areas considered deleted text begin extra curricular deleted text end new text begin cocurricular new text end , noncurricular new text begin , new text end or
supplementary to the requirements for the successful completion of a class or educational
program. No public school board may require, except as authorized by sections 123B.36
and 123B.38, the payment of fees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 3.

Minnesota Statutes 2008, section 123B.36, subdivision 1, is amended to read:

Subdivision 1.

School boards may require fees.

(a) For purposes of this
subdivision, "home school" means a home school as defined in sections 120A.22 and
120A.24 with five or fewer students receiving instruction.

(b) A school board is authorized to require payment of fees in the following areas:

(1) in any program where the resultant product, in excess of minimum requirements
and at the pupil's option, becomes the personal property of the pupil;

deleted text begin (2) admission fees or charges for extracurricular activities, where attendance
is optional and where the admission fees or charges a student must pay to attend or
participate in an extracurricular activity is the same for all students, regardless of whether
the student is enrolled in a public or a home school;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end a security deposit for the return of materials, supplies, or equipment;

deleted text begin (4) deleted text end new text begin (3) new text end personal physical education and athletic equipment and apparel, although any
pupil may personally provide it if it meets reasonable requirements and standards relating
to health and safety established by the board;

deleted text begin (5) deleted text end new text begin (4) new text end items of personal use or products that a student has an option to purchase
such as student publications, class rings, annuals, and graduation announcements;

deleted text begin (6) deleted text end new text begin (5) new text end fees specifically permitted by any other statute, including but not limited to
section 171.05, subdivision 2; provided (i) driver education fees do not exceed the actual
cost to the school and school district of providing driver education, and (ii) the driver
education courses are open to enrollment to persons between the ages of 15 and 18 who
reside or attend school in the school district;

deleted text begin (7) deleted text end new text begin (6) new text end field trips considered supplementary to a district educational program;

deleted text begin (8) deleted text end new text begin (7) new text end any authorized voluntary student health and accident benefit plan;

deleted text begin (9) deleted text end new text begin (8) new text end for the use of musical instruments owned or rented by the district, a
reasonable rental fee not to exceed either the rental cost to the district or the annual
depreciation plus the actual annual maintenance cost for each instrument;

deleted text begin (10) deleted text end new text begin (9) new text end transportation of pupils to and from extracurricular activities conducted at
locations other than school, where attendance is optional;

deleted text begin (11) deleted text end new text begin (10) new text end transportation to and from school of pupils living within two miles from
school and all other transportation services not required by law. If a district charges fees
for transportation of pupils, it must establish guidelines for that transportation to ensure
that no pupil is denied transportation solely because of inability to pay;

deleted text begin (12) deleted text end new text begin (11) new text end motorcycle classroom education courses conducted outside of regular
school hours; provided the charge must not exceed the actual cost of these courses to
the school district;

deleted text begin (13) deleted text end new text begin (12) new text end transportation to and from postsecondary institutions for pupils enrolled
under the postsecondary enrollment options program under section 123B.88, subdivision
22. Fees collected for this service must be reasonable and must be used to reduce the cost
of operating the route. Families who qualify for mileage reimbursement under section
124D.09, subdivision 22, may use their state mileage reimbursement to pay this fee. If no
fee is charged, districts must allocate costs based on the number of pupils riding the route.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 4.

Minnesota Statutes 2008, section 123B.49, subdivision 1, is amended to read:

Subdivision 1.

Activities outside district limits.

Whenever it appears to be
beneficial and for the best interest of the district and the pupils of the district to carry on any
school new text begin cocurricular new text end sport activities or new text begin cocurricular new text end educational activities connected with
their studies outside of the territorial limits of the district, the board may authorize such
activities to be conducted under such rules and regulations as the board deems sufficient.
new text begin The board shall not authorize noncurricular activities. new text end The district may pay all necessary
new text begin cocurricular new text end costs deleted text begin therefor deleted text end including transportation from the district funds available.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 5.

Minnesota Statutes 2008, section 123B.49, subdivision 4, is amended to read:

Subd. 4.

Board deleted text begin control of extracurricular deleted text end new text begin prohibited from offering
noncurricular new text end activities.

(a) The board deleted text begin may take charge of and control all extracurricular deleted text end new text begin
is prohibited from authorizing noncurricular new text end activities deleted text begin of deleted text end new text begin for new text end the teachers and children of
the public schools in the district. deleted text begin Extracurricular deleted text end new text begin "Noncurricular new text end activities new text begin " new text end means all
direct and personal services for pupils for their enjoyment that are managed and operated
under the guidance of an adult or staff member. deleted text begin The board shall allow all resident pupils
receiving instruction in a home school as defined in section 123B.36, subdivision 1,
paragraph (a), to be eligible to fully participate in extracurricular activities on the same
basis as public school students.
deleted text end

(b) deleted text begin Extracurricular deleted text end new text begin Noncurricular new text end activities have all of the following characteristics:

(1) they are not offered for school credit nor required for graduation;

(2) they are generally conducted outside school hours, or if partly during school
hours, at times agreed by the participants, and approved by school authorities; new text begin and
new text end

(3) the content of the activities is determined primarily by the pupil participants
under the guidance of a staff member or other adult.

deleted text begin (c) If the board does not take charge of and control extracurricular activities, these
activities shall be self-sustaining with all expenses, except direct salary costs and indirect
costs of the use of school facilities, met by dues, admissions, or other student fund-raising
events. The general fund must reflect only those salaries directly related to and readily
identified with the activity and paid by public funds. Other revenues and expenditures for
extra curricular activities must be recorded according to the Manual for Activity Fund
Accounting. Extracurricular activities not under board control must have an annual
financial audit and must also be audited annually for compliance with this section.
deleted text end

deleted text begin (d) If the board takes charge of and controls extracurricular activities, any or all
costs of these activities may be provided from school revenues and all revenues and
expenditures for these activities shall be recorded in the same manner as other revenues
and expenditures of the district.
deleted text end

deleted text begin (e) If the board takes charge of and controls extracurricular activities, the teachers or
pupils in the district must not participate in such activity, nor shall the school name or any
allied name be used in connection therewith, except by consent and direction of the board.
deleted text end

new text begin (c) Noncurricular activities do not include intramural sports programs that involve
team and individual athletic and fine arts activities, tournaments, meets, and other events
that are limited to participants and teams within a school and that remain under the
direction and sponsorship of the school.
new text end

new text begin (d) A school board is prohibited from spending any general fund revenue on
noncurricular activities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 6.

Minnesota Statutes 2008, section 123B.51, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Lease for noncurricular services. new text end

new text begin (a) To the extent possible, for any part
of the day outside of the regular school day, the board shall lease school district athletic
fields, gymnasium space, and other school space needed for noncurricular activities under
section 123B.49, subdivision 4, paragraphs (b) and (c), to a local unit of government
providing league-sponsored athletic and fine arts noncurricular activities under chapter
128C before committing those spaces for other uses.
new text end

new text begin (b) In districts with outstanding bonds, the net proceeds of the lease must be first
deposited in the debt retirement fund of the district in an amount sufficient to meet, when
due, that percentage of the principal and interest payments for outstanding bonds that is
ascribable to the payment of expenses necessary and incidental to the construction or
purchase of the particular building or property that is leased. Any remaining net proceeds
in these districts may be deposited in either the debt redemption fund or operating capital
account. All net proceeds of the lease in districts without outstanding bonds shall be
deposited in the operating capital account of the district.
new text end

new text begin (c) The board may make capital improvements to the real property, not exceeding
in cost the replacement value of the property, to facilitate its rental, and the lease of the
improved property, or part of it, shall provide for rentals that will recover the cost of
the improvements over the initial term of the lease. Notwithstanding paragraph (b), the
portion of the rentals representing the cost of the improvements shall be deposited in the
operating capital account of the district and the balance of the rentals shall be used as
provided in paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 7.

Minnesota Statutes 2008, section 123B.51, subdivision 4, is amended to read:

Subd. 4.

Lease for nonschool purpose.

(a) new text begin After meeting the obligations in
subdivision 3, new text end the board may lease to any person, business, or organization real property
that is not needed for school purposes, or part of the property that is not needed for school
purposes if the board determines that leasing part of the property does not interfere with
the educational programs taking place on the property. The board may charge and collect
reasonable consideration for the lease and may determine the terms and conditions of
the lease.

(b) In districts with outstanding bonds, the net proceeds of the lease must be first
deposited in the debt retirement fund of the district in an amount sufficient to meet when
due that percentage of the principal and interest payments for outstanding bonds that is
ascribable to the payment of expenses necessary and incidental to the construction or
purchase of the particular building or property that is leased. Any remaining net proceeds
in these districts may be deposited in either the debt redemption fund or operating capital
account. All net proceeds of the lease in districts without outstanding bonds shall be
deposited in the operating capital account of the district.

(c) The board may make capital improvements to the real property, not exceeding
in cost the replacement value of the property, to facilitate its rental, and the lease of the
improved property, or part of it, shall provide for rentals which will recover the cost of
the improvements over the initial term of the lease. Notwithstanding paragraph (b), the
portion of the rentals representing the cost of the improvements shall be deposited in the
operating capital account of the district and the balance of the rentals shall be used as
provided in paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 8.

Minnesota Statutes 2008, section 124D.61, is amended to read:

124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.

A district that enrolls one or more children of limited English proficiency must
implement an educational program that includes at a minimum the following requirements:

(1) identification and reclassification criteria for children of limited English
proficiency and program entrance and exit criteria for children with limited English
proficiency must be documented by the district, applied uniformly to children of limited
English proficiency, and made available to parents and other stakeholders upon request;

(2) a written plan of services that describes programming by English proficiency
level made available to parents upon request. The plan must articulate the amount and
scope of service offered to children of limited English proficiency through an educational
program for children of limited English proficiency;

(3) professional development opportunities for ESL, bilingual education,
mainstream, and all staff working with children of limited English proficiency which are:
(i) coordinated with the district's professional development activities; (ii) related to the
needs of children of limited English proficiency; and (iii) ongoing;

(4) to the extent possible, avoid isolating children of limited English proficiency for
a substantial part of the school day; and

(5) in predominantly nonverbal subjects, such as art, music, and physical education,
permit pupils of limited English proficiency to participate fully and on an equal basis
with their contemporaries in public school classes provided for these subjects. To the
extent possible, the district must assure to pupils enrolled in a program for limited English
proficient students an equal and meaningful opportunity to participate fully with other
pupils in all deleted text begin extracurricular deleted text end new text begin cocurricular new text end activities.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 9.

Minnesota Statutes 2008, section 124D.74, subdivision 6, is amended to read:

Subd. 6.

Nonverbal courses new text begin ; cocurricular new text end and extracurricular activities.

In
predominantly nonverbal subjects, such as art, music, and physical education, American
Indian children shall participate fully and on an equal basis with their contemporaries in
school classes provided for these subjects. Every school district or participating school
shall ensure to children enrolled in American Indian education programs an equal and
meaningful opportunity to participate fully with other children in all deleted text begin extracurricular deleted text end new text begin
cocurricular new text end activities. This subdivision shall not be construed to prohibit instruction in
nonverbal subjects or new text begin cocurricular or new text end extracurricular activities which relate to the cultural
heritage of the American Indian children, or which are otherwise necessary to accomplish
the objectives described in sections 124D.71 to 124D.82.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 10.

Minnesota Statutes 2008, section 128C.01, is amended to read:

128C.01 FORM, MAKEUP, DELEGATED POWER, BOARD MEMBERS.

Subdivision 1.

Voluntary association.

The Minnesota State High School League is
a nonprofit corporation that is a voluntary association of deleted text begin high schools deleted text end new text begin local governments new text end .
A deleted text begin high school that is a school under section 120A.22, subdivision 4, deleted text end new text begin statutory or home
rule charter city, county, or town new text end may be a member of the league. deleted text begin The league is made up
of high schools whose governing boards have delegated their control of extracurricular
activities, as described in section 123B.49, subdivision 4, to the league. The delegation is
made when the governing board files a certificate of delegation with the commissioner of
education. deleted text end new text begin The governing board of a local government that is a member of the league may
elect to designate geographical subdivisions within the boundaries of the local government
for purposes of providing multiple opportunities for resident high school age children to
participate in league-sponsored athletics and fine arts noncurricular activities. new text end

Subd. 2.

Power to deleted text begin delegate to, pay for, league deleted text end new text begin levy, spend money on league
activities new text end .

deleted text begin The governing board of a high school may delegate its control of extracurricular
activities to the league. deleted text end A deleted text begin school board deleted text end new text begin local government may levy an annual tax on all
taxable property within its boundaries to pay for league-sponsored athletic and fine arts
activities in which the local government participates. A local government may spend any
funds available to it to provide athletic and fine arts noncurricular activities for high school
age residents. A local government also new text end may spend money for, and pay dues to, the league.

Subd. 3.

League power to control.

new text begin Consistent with new text end the State High School League
new text begin bylaws, the league new text end may deleted text begin control deleted text end new text begin sponsor new text end contests new text begin in athletic and fine arts noncurricular
activities new text end by and between deleted text begin pupils of the Minnesota high schools that are delegated to it
under this section deleted text end new text begin high school age participants residing in counties, cities, and towns
that are members of the league new text end .

Subd. 4.

new text begin Membership; new text end board.

(a) new text begin Each member local government must select a
resident to represent the local government in the league. The selected representative
serves at the pleasure of the governing body. The governing body may pay the selected
representative per diem and must reimburse the representative for actual and reasonable
expenses.
new text end

new text begin (b) new text end The league must have a 20-member governing board deleted text begin . deleted text end new text begin , appointed as follows:
new text end

(1) the governor must appoint four members according to section 15.0597. Each
of the four appointees must be a parent new text begin of a high school age child participating in an
athletic or fine arts noncurricular activity sponsored by the league at the time of the
initial appointment new text end . At least one deleted text begin of them deleted text end new text begin member the governor appoints new text end must be an
American Indian, an Asian, a Black, or a Hispanic. new text begin The terms, compensation, removal
of members, and filling of membership vacancies under this paragraph are governed by
section 15.0575. As provided by section 15.0575, a member who is a full-time state
employee or full-time employee of a political subdivision of the state may not receive per
diem payment for service on the board; and new text end

deleted text begin (2) The Minnesota Association of Secondary School Principals must appoint two
of its members.
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the remaining deleted text begin 14 deleted text end new text begin 16 new text end members must be selected according to league bylaws new text begin
from among the representatives of local governments participating in league-sponsored
activities new text end .

deleted text begin (b) The terms, compensation, removal of members, and the filling of membership
vacancies are governed by section 15.0575, except that the four-year terms begin on
August 1 and end on July 31. As provided by section 15.0575, members who are full-time
state employees or full-time employees of school districts or other political subdivisions
of the state may not receive any per diem payment for service on the board.
deleted text end

new text begin Subd. 5. new text end

new text begin Facility contracts; leasing. new text end

new text begin A member local government may enter into
contracts and lease agreements to use school facilities for league purposes.
new text end

new text begin Subd. 6. new text end

new text begin Cooperation; joint powers. new text end

new text begin A local government is strongly encouraged
to cooperate with the league and other local government members to provide multiple
opportunities for resident high school age children to participate in athletic and fine arts
noncurricular activities. A local government member of the league may enter into a joint
powers agreement for these purposes.
new text end

new text begin Subd. 7. new text end

new text begin Fees; accounting and distribution. new text end

new text begin (a) A local government may charge
fees to cover the local government's costs in providing league-supervised athletic and fine
arts noncurricular activities. Fee revenues must be accounted for separately from other
local government revenues.
new text end

new text begin (b) To offset tournament-related expenses that participating local government
members incur, the league must adopt a reimbursement formula to disburse to participating
local government members the revenue it generates from tournament ticket sales,
broadcast fee rights, and other tournament-related income after the league's reasonable
administrative costs are deducted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 11.

Minnesota Statutes 2008, section 128C.02, is amended to read:

128C.02 DUTIES, POLICIES, CRITERIA, RULES OF BOARD.

Subdivision 1.

Decisions, policies, advisory committees.

The board shall establish
and adopt policies, including a policy on corporate sponsorships new text begin and contributions new text end and
similar agreements, make decisions on behalf of the league, and establish advisory
committees necessary to carry out board functions.

Subd. 2.

Sexual harassment and violence; hazing.

The board of the league shall
adopt a policy, rules, penalties, and recommendations addressing sexual harassment and
sexual violence and hazing toward and by participants in league activities.

Subd. 3.

Criteria for conference arrangements.

The board must develop criteria
for the league to use when it is asked to arrange for membership in deleted text begin an interscholastic
conference deleted text end new text begin a competitive region new text end by a league member under section 128C.07. The league
must give notice and an opportunity for league members to be heard before adopting the
criteria. The criteria must include, at least, the distance to be traveled by new text begin the participants
representing new text end competing deleted text begin schools deleted text end new text begin local government members new text end , the relative deleted text begin enrollments deleted text end new text begin
number new text end of deleted text begin the schools deleted text end new text begin participants representing a local government new text end , and the comparability
of deleted text begin extracurricular deleted text end new text begin noncurricular new text end activities deleted text begin in deleted text end new text begin available through new text end the deleted text begin schools deleted text end new text begin a local
government member new text end .

Subd. 4.

Rules are APA exempt.

The rules of the league are exempt from chapter
14, including section 14.386.

Subd. 5.

Rules for open enrollees.

(a) The league shall adopt league rules and
regulations governing the athletic new text begin and fine arts new text end participation of deleted text begin pupils attending school in
a nonresident district deleted text end new text begin resident high school age children representing a local government new text end
under section 124D.03.

(b) Notwithstanding other law or league rule or regulation to the contrary, when a
student enrolls in or is readmitted to a recovery-focused high school after successfully
completing a licensed program for treatment of alcohol or substance abuse, mental illness,
or emotional disturbance, the student is immediately eligible to participate on the same
basis as other district students in the league-sponsored activities of the student's resident
school district. Nothing in this paragraph prohibits the league or school district from
enforcing a league or district penalty resulting from the student violating a league or
district rule.

Subd. 6.

Annual report.

The board annually shall prepare a written report
containing the information about the league that the commissioner deleted text begin is required to deleted text end new text begin must new text end
obtain and review under section 128C.20. The board shall present copies of the report in a
timely manner to the deleted text begin education committees of the legislature deleted text end new text begin legislative committees with
jurisdiction over local government and local government finance new text end .

Subd. 7.

Women referees.

The league shall adopt league rules and policy requiring,
to the extent possible, the equal employment of women as referees for deleted text begin high school deleted text end new text begin fine
arts new text end activities and sports contests, from game new text begin or local new text end level to tournament level.

deleted text begin Subd. 9. deleted text end

deleted text begin Purchasing. deleted text end

deleted text begin In purchasing goods and services, the league must follow all
laws that apply to school districts under sections 123B.52 and 471.345.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 12.

Minnesota Statutes 2008, section 128C.03, is amended to read:

128C.03 PROCEDURES.

The league shall adopt procedures to ensure public notice of all eligibility rules and
policies that will afford the opportunity for public hearings on proposed eligibility rules.
If requested by 100 or more parents or guardians of deleted text begin students deleted text end new text begin participants representing
local governments that are league members new text end , the public hearing must be conducted by
an administrative law judge from the Office of Administrative Hearings, by a person
hired under contract by the Office of Administrative Hearings, or by an independent
hearing officer appointed by the commissioner of education from a list maintained for that
purpose. At the conclusion of a hearing requested by 100 or more parents or guardians of
deleted text begin students deleted text end new text begin participants representing local governments that are league members new text end , the person
conducting the hearing shall write a report evaluating the extent to which the league has
shown that the proposed rule is needed and reasonable and the legality of the proposed
rule. The league shall pay for hearings under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 13.

Minnesota Statutes 2008, section 128C.05, is amended to read:

128C.05 TOURNAMENTS, CLASSES OF ATHLETIC COMPETITION.

Subdivision 1.

Tournaments.

The Minnesota State High School League shall
establish, conduct, and regulate championship deleted text begin high school tournament activities deleted text end new text begin fine arts
and athletic tournaments under this chapter new text end .

Subd. 2.

Classes.

The league shall determine the number of deleted text begin classes in all
interscholastic deleted text end new text begin opportunities for new text end athletic new text begin and fine arts new text end activities under its jurisdiction.

Subd. 3.

Exemption.

The appropriate regional committee must hear a request
for a waiver to allow a nonresident student to participate in another district when that
participation affects a school's classification for new text begin cocurricular new text end interscholastic athletic
activities. The regional committee must review requests for waivers and make timely
recommendations to the Minnesota State High School League Board of Directors.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 14.

Minnesota Statutes 2008, section 128C.07, is amended to read:

128C.07 ARRANGING deleted text begin INTERSCHOLASTIC deleted text end new text begin INTERREGIONAL new text end
CONFERENCE MEMBERSHIP.

Subdivision 1.

Policy.

new text begin (a) new text end The league may establish a policy to guide deleted text begin member high
schools deleted text end new text begin local government members new text end in forming or altering deleted text begin interscholastic deleted text end new text begin interregional new text end
conferences.

new text begin (b) The league, in consultation with the League of Minnesota Cities and the
Minnesota Association of Townships, jointly must develop and publish a process for
reaching agreements and resolving disputes about interregional conferences, the forming
or interpreting of joint powers agreements under section 128C.01, subdivision 7, the
transfer of personal property between school districts and local government members
under section 471.85 for purposes of providing athletic and fine arts noncurricular
activities, or other matters related to providing noncurricular activities under this chapter.
new text end

Subd. 1a.

Request.

A league member deleted text begin high school deleted text end that is not in a conference
may ask the league to arrange membership for the league member in an deleted text begin interscholastic deleted text end new text begin
interregional new text end conference.

Subd. 2.

Reason not in conference.

The reason the member is not in a conference
must be: (1) the conference was dissolved, or (2) the member was involuntarily excluded.

Subd. 3.

Prerequisite: 180-day good faith effort.

Before asking the league to
arrange membership, the deleted text begin school deleted text end new text begin local government new text end must make a good faith attempt over at
least 180 days to join a conference. The 180 days run from the date of the deleted text begin school's deleted text end new text begin local
government's new text end first written request to join or rejoin a conference.

Subd. 4.

League deadline: 90 days.

The league must arrange the conference
membership within 90 days after receiving a timely written request from a league member
deleted text begin high school deleted text end .

Subd. 5.

Must use criteria.

The league must follow its criteria in arranging the
conference membership.

Subd. 6.

Right to hearing, notice.

(a) The requesting deleted text begin school or a high school deleted text end new text begin local
government new text end already in the conference that is the subject of the proposed arrangement may
request a timely public hearing on the proposed arrangement.

(b) The league must notify the deleted text begin schools deleted text end new text begin local governments new text end mentioned in paragraph
(a) of the right to a hearing.

Subd. 7.

Decision is binding.

The league's final decision on a matter of conference
membership under this section is binding on all of the deleted text begin schools deleted text end new text begin local governments new text end required
to be notified of the right to a hearing.

Subd. 8.

Otherwise, conferences are voluntary.

Except to the extent the league
arranges conference membership under this section, deleted text begin an interscholastic deleted text end new text begin a new text end conference of
deleted text begin schools deleted text end new text begin local governments new text end participating in activities delegated to the league may be
formed and changed freely.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 15.

Minnesota Statutes 2008, section 128C.08, is amended to read:

128C.08 ASSAULTING A SPORTS OFFICIAL PROHIBITED.

Subdivision 1.

Definitions.

new text begin (a) new text end For the purposes of this section, the following terms
have the deleted text begin meaning deleted text end new text begin meanings new text end given in this subdivision.

new text begin (b) new text end "Assault" is (1) an act done with intent to cause fear in another of immediate
bodily harm or death, or (2) the infliction of or attempt to inflict bodily harm upon another.

new text begin (c) new text end "Sports official" is a person who serves as an umpire, referee, judge, linesperson,
timer, scorekeeper, or in another similar capacity for deleted text begin an interscholastic deleted text end new text begin a league-sponsored new text end
athletic activity.

deleted text begin "Interscholastic athletic activity" or "activity" means an interscholastic athletic
activity whose control, supervision, and regulation have been delegated to the Minnesota
State High School League pursuant to section 128C.01.
deleted text end

Subd. 2.

Prohibited conduct.

Any person who assaults a sports official in
connection with deleted text begin an interscholastic deleted text end new text begin a league-sponsored new text end athletic activity may be excluded
from attending an activity for up to 12 months.

Subd. 3.

Sanction.

The board of directors of the Minnesota State High School
League or a deleted text begin school board deleted text end new text begin local government new text end may exclude any person except as provided in
subdivision 5.

The board of directors of the Minnesota State High School League may exclude
a person from:

(1) any activity of the kind in connection with which the assault occurred; or

(2) all deleted text begin interscholastic deleted text end new text begin league-sponsored new text end athletic activities.

A deleted text begin school board deleted text end new text begin local government new text end may exclude a person from any new text begin league-sponsored
new text end activity deleted text begin sponsored or participated in by the school district deleted text end new text begin in which the local government
participates new text end .

Subd. 4.

Procedure.

The board of directors of the Minnesota State High School
League or a deleted text begin school board deleted text end new text begin local government new text end may exclude a person from any deleted text begin interscholastic deleted text end
athletic activity if the person assaulted a sports official in connection with an activity. A
person alleged to have assaulted a sports official shall be entitled to an informal hearing on
the matter by the board of directors of the Minnesota State High School League or deleted text begin school
board deleted text end new text begin local government new text end . Upon finding that the person assaulted a sports official, the board
of directors of the Minnesota State High School League or deleted text begin school deleted text end new text begin governing new text end board new text begin of the
local government new text end shall notify the individual in writing and shall indicate any activity from
which, and the period of time for which, the person is excluded.

Subd. 5.

Head varsity coach.

A head varsity coach may be excluded under this
section only by the deleted text begin school deleted text end new text begin governing new text end board employing the coach.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 16.

Minnesota Statutes 2008, section 275.70, subdivision 5, is amended to read:

Subd. 5.

Special levies.

"Special levies" means those portions of ad valorem taxes
levied by a local governmental unit for the following purposes or in the following manner:

(1) to pay the costs of the principal and interest on bonded indebtedness or to
reimburse for the amount of liquor store revenues used to pay the principal and interest
due on municipal liquor store bonds in the year preceding the year for which the levy
limit is calculated;

(2) to pay the costs of principal and interest on certificates of indebtedness issued for
any corporate purpose except for the following:

(i) tax anticipation or aid anticipation certificates of indebtedness;

(ii) certificates of indebtedness issued under sections 298.28 and 298.282;

(iii) certificates of indebtedness used to fund current expenses or to pay the costs of
extraordinary expenditures that result from a public emergency; or

(iv) certificates of indebtedness used to fund an insufficiency in tax receipts or
an insufficiency in other revenue sources;

(3) to provide for the bonded indebtedness portion of payments made to another
political subdivision of the state of Minnesota;

(4) to fund payments made to the Minnesota State Armory Building Commission
under section 193.145, subdivision 2, to retire the principal and interest on armory
construction bonds;

(5) property taxes approved by voters which are levied against the referendum
market value as provided under section 275.61;

(6) to fund matching requirements needed to qualify for federal or state grants or
programs to the extent that either (i) the matching requirement exceeds the matching
requirement in calendar year 2001, or (ii) it is a new matching requirement that did not
exist prior to 2002;

(7) to pay the expenses reasonably and necessarily incurred in preparing for or
repairing the effects of natural disaster including the occurrence or threat of widespread
or severe damage, injury, or loss of life or property resulting from natural causes, in
accordance with standards formulated by the Emergency Services Division of the state
Department of Public Safety, as allowed by the commissioner of revenue under section
275.74, subdivision 2;

(8) pay amounts required to correct an error in the levy certified to the county
auditor by a city or county in a levy year, but only to the extent that when added to the
preceding year's levy it is not in excess of an applicable statutory, special law or charter
limitation, or the limitation imposed on the governmental subdivision by sections 275.70
to 275.74 in the preceding levy year;

(9) to pay an abatement under section 469.1815;

(10) to pay any costs attributable to increases in the employer contribution rates
under chapter 353, or locally administered pension plans, that are effective after June
30, 2001;

(11) to pay the operating or maintenance costs of a county jail as authorized in
section 641.01 or 641.262, or of a correctional facility as defined in section 241.021,
subdivision 1, paragraph (f), to the extent that the county can demonstrate to the
commissioner of revenue that the amount has been included in the county budget as
a direct result of a rule, minimum requirement, minimum standard, or directive of the
Department of Corrections, or to pay the operating or maintenance costs of a regional jail
as authorized in section 641.262. For purposes of this clause, a district court order is
not a rule, minimum requirement, minimum standard, or directive of the Department of
Corrections. If the county utilizes this special levy, except to pay operating or maintenance
costs of a new regional jail facility under sections 641.262 to 641.264 which will not
replace an existing jail facility, any amount levied by the county in the previous levy year
for the purposes specified under this clause and included in the county's previous year's
levy limitation computed under section 275.71, shall be deducted from the levy limit
base under section 275.71, subdivision 2, when determining the county's current year
levy limitation. The county shall provide the necessary information to the commissioner
of revenue for making this determination;

(12) to pay for operation of a lake improvement district, as authorized under section
103B.555. If the county utilizes this special levy, any amount levied by the county in the
previous levy year for the purposes specified under this clause and included in the county's
previous year's levy limitation computed under section 275.71 shall be deducted from
the levy limit base under section 275.71, subdivision 2, when determining the county's
current year levy limitation. The county shall provide the necessary information to the
commissioner of revenue for making this determination;

(13) to repay a state or federal loan used to fund the direct or indirect required
spending by the local government due to a state or federal transportation project or other
state or federal capital project. This authority may only be used if the project is not a
local government initiative;

(14) to pay for court administration costs as required under section 273.1398,
subdivision 4b, less the (i) county's share of transferred fines and fees collected by the
district courts in the county for calendar year 2001 and (ii) the aid amount certified to be
paid to the county in 2004 under section 273.1398, subdivision 4c; however, for taxes
levied to pay for these costs in the year in which the court financing is transferred to the
state, the amount under this clause is limited to the amount of aid the county is certified to
receive under section 273.1398, subdivision 4a;

(15) to fund a police or firefighters relief association as required under section 69.77
to the extent that the required amount exceeds the amount levied for this purpose in 2001;

(16) for purposes of a storm sewer improvement district under section 444.20;

(17) to pay for the maintenance and support of a city or county society for the
prevention of cruelty to animals under section 343.11. If the city or county uses this
special levy, any amount levied by the city or county in the previous levy year for the
purposes specified in this clause and included in the city's or county's previous year's levy
limit computed under section 275.71, must be deducted from the levy limit base under
section 275.71, subdivision 2, in determining the city's or county's current year levy limit;

(18) for counties, to pay for the increase in their share of health and human service
costs caused by reductions in federal health and human services grants effective after
September 30, 2007;

(19) for a city, for the costs reasonably and necessarily incurred for securing,
maintaining, or demolishing foreclosed or abandoned residential properties, as allowed by
the commissioner of revenue under section 275.74, subdivision 2. A city must have either
(i) a foreclosure rate of at least 1.4 percent in 2007, or (ii) a foreclosure rate in 2007 in
the city or in a zip code area of the city that is at least 50 percent higher than the average
foreclosure rate in the metropolitan area, as defined in section 473.121, subdivision 2,
to use this special levy. For purposes of this paragraph, "foreclosure rate" means the
number of foreclosures, as indicated by sheriff sales records, divided by the number of
households in the city in 2007;

(20) for a city, for the unreimbursed costs of redeployed traffic control agents and
lost traffic citation revenue due to the collapse of the Interstate 35W bridge, as certified
to the Federal Highway Administration;

(21) to pay costs attributable to wages and benefits for sheriff, police, and fire
personnel. If a local governmental unit did not use this special levy in the previous year its
levy limit base under section 275.71 shall be reduced by the amount equal to the amount it
levied for the purposes specified in this clause in the previous year; deleted text begin and
deleted text end

(22) an amount equal to any reductions in the certified aids or credits payable
under sections 477A.011 to 477A.014, and section 273.1384, due to unallotment under
section 16A.152. The amount of the levy allowed under this clause is equal to the amount
unallotted in the calendar year in which the tax is levied unless the unallotment amount
is not known by September 1 of the levy year, in which case the unallotment amount
may be levied in the following year new text begin ; and
new text end

new text begin (23) to fund noncurricular activities for high school age students under section
128C.01, subdivision 2 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes levied in 2010, payable in
2011, and thereafter in any year in which levy limits are imposed.
new text end

Sec. 17. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In the next editions of Minnesota Statutes and Minnesota Rules, the revisor shall
substitute the name "Minnesota Youth Fine Arts and Athletic League" for "Minnesota State
High School League" whenever the name appears in Minnesota Statutes and Minnesota
Rules in connection with the entity regulated under Minnesota Statutes, chapter 128C.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 124D.095, subdivision 5, new text end new text begin is repealed July 1, 2010.
new text end