HF 1881

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for an optional form 
  1.3             of school district organization; providing for school 
  1.4             boards to contract for school district services; 
  1.5             amending Minnesota Statutes 1998, section 123B.02, by 
  1.6             adding a subdivision; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 123A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [123A.12] [OPTIONAL FORM OF DISTRICT 
  1.10  ORGANIZATION.] 
  1.11     Subdivision 1.  [EDUCATION DISTRICT; EDUCATION BOARD.] (a) 
  1.12  A school board may organize its school district as an education 
  1.13  district by transferring the operation of its schools and 
  1.14  learning programs under clauses (1), (2), or both.  The board 
  1.15  may transfer: 
  1.16     (1) all of its learning programs or its schools to 
  1.17  nonprofit or quasi-public entities created by the school board; 
  1.18  and 
  1.19     (2) the operation of all its learning programs to one or 
  1.20  more of the following: 
  1.21     (i) a charter school under section 124D.10; 
  1.22     (ii) an education site under section 123B.04; and 
  1.23     (iii) a public or private entity, including, but not 
  1.24  limited to, service cooperatives and professional partnerships 
  1.25  and cooperatives formed by teachers, but excluding private 
  1.26  schools. 
  2.1      (b) If a school board organizes its school district as an 
  2.2   education district under paragraph (a), the school board shall 
  2.3   operate as an education board arranging for the operation of 
  2.4   education district learning programs, schools, or both. 
  2.5      (c) Notwithstanding any law to the contrary, an entity 
  2.6   operating a school or learning program under paragraph (a) may 
  2.7   modify the learning program or programs to: 
  2.8      (1) increase flexibility in the program or programs 
  2.9   including, but not limited to, varying the length of the school 
  2.10  day and school year; 
  2.11     (2) increase student performance; and 
  2.12     (3) provide a cost-efficient program. 
  2.13     (d) The department of children, families, and learning 
  2.14  shall, upon the request of a school board, assist the board to 
  2.15  organize its district under this subdivision. 
  2.16     (e) A school board that organizes its district as an 
  2.17  education district and operates as an education board under this 
  2.18  subdivision shall be considered as maintaining classified 
  2.19  elementary and secondary schools under section 123A.64. 
  2.20     Subd. 2.  [DETERMINATION TO ORGANIZE AS AN EDUCATION 
  2.21  DISTRICT.] (a) A school board may, by majority vote, organize 
  2.22  its school district as an education district and operate as an 
  2.23  education board under subdivision 1. 
  2.24     (b) A school board must organize its school district as an 
  2.25  education district and operate as an education board under 
  2.26  subdivision 1 if a referendum requesting organization as an 
  2.27  education district is called by a petition signed by five 
  2.28  percent of the registered voters in the district and is approved 
  2.29  by 50 percent plus one of those voting on the question. 
  2.30     (c) A school board must organize its school district as an 
  2.31  education district and operate as an education board under 
  2.32  subdivision 1 if less than 65 percent of the students at a given 
  2.33  grade level do not achieve minimum scores on the tests of the 
  2.34  basic requirements of reading, writing, and mathematics under 
  2.35  the graduation rule in section 120B.02 for three consecutive 
  2.36  school years beginning with the 2000-2001 school year.  If a 
  3.1   school board does not organize its school district as an 
  3.2   education district and operate as an education board as required 
  3.3   under this paragraph, the commissioner of children, families, 
  3.4   and learning shall organize the district for the school board. 
  3.5      Sec. 2.  Minnesota Statutes 1998, section 123B.02, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 1a.  [CONTRACTS FOR SERVICES.] Notwithstanding any 
  3.8   law to the contrary, a school board may contract with a public 
  3.9   or private entity to provide instructional and noninstructional 
  3.10  services.  The board may reduce its administration accordingly.  
  3.11  The board shall not enter into an agreement restricting the 
  3.12  powers provided under this subdivision.