HF 1454

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; establishing education
administrative districts; proposing coding for new law
in Minnesota Statutes, chapter 123A.

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

Section 1.

new text begin [123A.10] EDUCATION ADMINISTRATIVE DISTRICTS.
new text end

new text begin Subdivision 1. new text end

new text begin Administrative efficiency. new text end

new text begin An education
administrative district is intended to increase the efficiency
of administrative services for kindergarten through grade 12
public schools by combining the administrative functions of
multiple school districts while preserving independent school
district control of individual school sites.
new text end

new text begin Subd. 2. new text end

new text begin Agreement to establish education administrative
district. new text end

new text begin School boards that meet the requirements of
subdivision 3 may enter into a written agreement to establish an
education administrative district. The agreement must include
methods to improve the efficient delivery of administrative
services. A majority of the full board of each member district
that is a party to the agreement must adopt the agreement and
any subsequent modifications of the agreement.
new text end

new text begin Subd. 3. new text end

new text begin Requirements for formation. new text end

new text begin (a) At the time an
education administrative district is established, it must be
composed of at least:
new text end

new text begin (1) five school districts;
new text end

new text begin (2) three school districts with a total of at least 5,000
pupils in average daily membership; or
new text end

new text begin (3) three school districts occupying a total of at least
2,000 square miles.
new text end

new text begin (b) Members of an education administrative district must be
contiguous unless paragraph (c) applies. School districts that
are parties to a cooperation agreement under section 123A.32 may
belong to an education administrative district as a single unit
only.
new text end

new text begin (c) A noncontiguous school district may be a member of an
education administrative district if the commissioner determines
that:
new text end

new text begin (1) a district located between the education administrative
district and the noncontiguous district is unwilling to become a
member; or
new text end

new text begin (2) a noncontiguous configuration of member districts has
sufficient technological or other resources to efficiently
deliver administrative services.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner review and comment. new text end

new text begin Before
entering into an agreement to establish an education
administrative district, the school boards of the proposed
member districts jointly must submit the proposed agreement to
the commissioner for review and comment. The commissioner must
submit a review and comment on the educational and economic
advisability of the proposed agreement to the affected school
boards within 60 days of receiving the proposal. If the
commissioner submits a negative review and comment, the
districts do not qualify for levy authority under section
123A.12, subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Notice and public hearing on proposed
agreement. new text end

new text begin Before entering into an agreement to establish an
education administrative district, the school boards of the
proposed member districts each must publish the commissioner's
review and comment and a summary of the proposed agreement and
its anticipated effect upon the district at least once in a
newspaper of general circulation in the district. The board
must conduct a public hearing on the proposed agreement not more
than ten days after the notice is published and at least 30 days
before entering into the agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end

Sec. 2.

new text begin [123A.11] EDUCATION ADMINISTRATIVE DISTRICT
BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin School district representation. new text end

new text begin The
education administrative district board is composed of at least
one representative appointed by the school board of each member
district. Each representative must be a member of the
appointing school board. Each representative serves at the
pleasure of the appointing board and may be recalled by a
majority vote of the appointing board. Each representative
serves for the term specified in the agreement. The board must
select its officers from among its members and determine the
officers' terms. The board must adopt bylaws for conducting
business. The board may conduct public meetings using
interactive television if it complies with chapter 13 in each
location where board members are present.
new text end

new text begin Subd. 2. new text end

new text begin Providing administrative services. new text end

new text begin An education
administrative district board must implement the agreement for
efficiently delivering needed administrative services under
section 123A.12 to the education administrative district.
new text end

new text begin Subd. 3. new text end

new text begin Personnel. new text end

new text begin The board may employ personnel
needed to provide administrative services to the education
administrative district. Personnel employed by the education
administrative district are eligible to participate in
retirement programs. Notwithstanding section 123B.143,
subdivision 1, a district member of an education administrative
district must contract with the education administrative
district to obtain superintendent services. The person
providing superintendent services need not be an employee of the
education administrative district or a member district at the
time the person contracts to provide superintendent services.
new text end

new text begin Subd. 4. new text end

new text begin Contracts. new text end

new text begin The education administrative
district board may contract with school districts and other
public and private agencies to provide needed administrative
services in the education administrative district.
new text end

new text begin Subd. 5. new text end

new text begin General law. new text end

new text begin The education administrative
district board is governed by section 471.59 unless specifically
provided otherwise under sections 123A.10 to 123A.12.
new text end

new text begin Subd. 6. new text end

new text begin Annual report. new text end

new text begin After each of its first five
years of operation, the education administrative district board
must submit an annual report to its member districts and the
commissioner about the education administrative district's
activities, including an analysis of its administrative costs
and efficiencies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end

Sec. 3.

new text begin [123A.12] EDUCATION ADMINISTRATIVE DISTRICT
AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Implementation; review. new text end

new text begin An education
administrative district board must implement the agreement of
its member districts under section 123A.10, subdivision 2, to
provide efficient administrative services to the education
administrative district. The board must review the agreement
annually and propose needed modifications to its member
districts.
new text end

new text begin Subd. 2. new text end

new text begin Administrative services. new text end

new text begin (a) Consistent with
section 123B.143, subdivision 1, the agreement must allow the
education administrative district board to select one
superintendent to serve the education administrative district
for a specified term.
new text end

new text begin (b) The agreement must specify other noninstructional
services the education administrative district intends to
provide to member districts, including, among other services,
business management, human resources, payroll, food service,
buildings and ground maintenance, pupil transportation,
technology coordination, curriculum coordination, community
education, nursing services, student records, student
administrative services, and school building administration.
new text end

new text begin Subd. 3. new text end

new text begin Timing and duration. new text end

new text begin (a) The initial agreement
must contain a timeline for implementing the agreement.
new text end

new text begin (b) The initial agreement must be for a period of at least
three years. After completing the first two years, the
agreement may be extended by a majority vote of the full board
of each member district.
new text end

new text begin Subd. 4. new text end

new text begin Finances. new text end

new text begin The initial agreement must:
new text end

new text begin (1) include a three-year budget projection comparing
existing administrative services and costs with proposed
administrative services and costs for each year;
new text end

new text begin (2) specify the retirement and severance incentives,
consistent with section 123A.48, subdivision 23, that may be
offered to licensed and nonlicensed staff, and how these costs
will be apportioned among member districts;
new text end

new text begin (3) specify other start-up costs for the education
administrative district and how these costs will be apportioned
among member districts;
new text end

new text begin (4) specify the estimated amounts each member district will
levy under subdivision 5 for the specified costs in clauses (2)
and (3); and
new text end

new text begin (5) specify an equitable distribution formula for the
education administrative district board to assess and certify a
proportionate share of expenses to member districts, which must
remit their assessment to the education administrative district
board within 30 days of receiving the certified assessment.
new text end

new text begin Subd. 5. new text end

new text begin Levy. new text end

new text begin A school district that is a member of an
education administrative district may levy an amount equal to
the member district's share of costs approved by the
commissioner for retirement and severance incentives and other
start-up costs included in the initial agreement under
subdivision 4, clauses (2) and (3), over a term of not more than
36 months.
new text end

new text begin Subd. 6. new text end

new text begin Reports to education department. new text end

new text begin Member school
districts jointly may submit reports and provide required
information to the department. The joint reports clearly must
attribute information, including expenditures for the education
administrative district, to individual member districts.
new text end

new text begin Subd. 7. new text end

new text begin Additional and withdrawing districts. new text end

new text begin (a) Upon
approval by a majority vote of a district school board and the
education administrative district board, an adjoining school
district may become a member of an education administrative
district and is governed by this section and the education
administrative district agreement in effect. A noncontiguous
district may become a member with the commissioner's approval
based on the criteria under section 123A.10, subdivision 3,
paragraph (c). A new member added to an education
administrative district may levy for approved retirement and
severance incentive costs under subdivision 5.
new text end

new text begin (b) After three consecutive years of membership, a member
district, by majority vote of its full board and after complying
with the applicable terms in the education administrative
district agreement, may withdraw from the education
administrative district and the agreement at the end of the
subsequent fiscal year.
new text end

new text begin Subd. 8. new text end

new text begin Dissolution. new text end

new text begin After the first three years of the
education administrative district, the boards of each member
district may agree to dissolve the education administrative
district at the end of any fiscal year or at an earlier,
mutually agreeable time. Member districts must dissolve the
education administrative district according to the applicable
provisions in the agreement establishing the education
administrative district. The dissolution must not affect the
continuing liability of any district formerly a member of the
education administrative district for continuing obligations,
including employment benefits.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end