HF 3836

as introduced - 89th Legislature (2015 - 2016) Posted on 04/06/2016 12:12pm

A bill for an act
relating to education; encouraging citizen involvement in the process for certain
schoolhouse closings; amending Minnesota Statutes 2014, section 123B.51,
subdivision 5.

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

Section 1.

Minnesota Statutes 2014, section 123B.51, subdivision 5, is amended to read:

Subd. 5.

Schoolhouse closing.

new text begin (a) new text end The board may close a schoolhouse only after a
public hearing on the question of the necessity and practicability of the proposed closing.
Published notice of the hearing shall be given for two weeks in the official newspaper
of the district. The time and place of the meeting, the description and location of the
schoolhouse, and a statement of the reasons for the closing must be specified in the notice.
Parties requesting to give testimony for and against the proposal shall be heard by the
board before it makes a deleted text begin final deleted text end new text begin preliminary new text end decision to close or not to close the schoolhouse.

new text begin (b) In addition to the hearing in paragraph (a), if a board proposes to close three or
more schoolhouses, the board's decision to close the schoolhouses shall not be final if a
petition opposing the schoolhouse closings is filed with the school district clerk. To be
valid, a petition to oppose the schoolhouse closings must be signed by a number of eligible
voters residing in the district equal to at least three percent of the total number of voters
voting in the district at the most recent state general election, and must be filed within 60
days of the board's adoption of the preliminary resolution authorizing the closings or July
1, 2016, whichever is later. If a valid petition is filed according to the requirements of this
paragraph, the schoolhouse closings may proceed only after the board has conducted a
referendum according to paragraph (c). If no petition is filed within 60 days, the board's
decision to close the schoolhouses becomes final.
new text end

new text begin (c) A school board that receives a valid petition under paragraph (b) must conduct
a referendum on a date set by the board. The ballot must provide a description of the
schoolhouses to be closed and contain a question stating substantially the following:
new text end

new text begin "Shall the board of . . . . . School District No. . . . . . proceed with closing the
schoolhouses identified as . . . . ?"
new text end

new text begin If approved, the board may make a final decision to close the schoolhouses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all schoolhouse closings not yet completed on or after the date of enactment.
new text end