2006 Minnesota Statutes

CHAPTER 128C. HIGH SCHOOL LEAGUE

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 high schools. A high school that is a school
under section 120A.22, subdivision 4, may be a member of the league. 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.
    Subd. 2. Power to delegate to, pay for, league. The governing board of a high school
may delegate its control of extracurricular activities to the league. A school board may spend
money for, and pay dues to, the league.
    Subd. 3. League power to control. The State High School League may control contests by
and between pupils of the Minnesota high schools that are delegated to it under this section.
    Subd. 4. Board. (a) The league must have a 20-member governing board.
(1) The governor must appoint four members according to section 15.0597. Each of the four
appointees must be a parent. At least one of them must be an American Indian, an Asian, a
Black, or a Hispanic.
(2) The Minnesota Association of Secondary School Principals must appoint two of its
members.
(3) The remaining 14 members must be selected according to league bylaws.
(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.
    Subd. 5.[Repealed, 1Sp2003 c 9 art 2 s 56]
History: 1973 c 492 s 14; 1973 c 738 s 1; 1980 c 355 s 2; 1982 c 424 s 34,130; 1985
c 248 s 70; 1986 c 444; 1987 c 243 s 1,2; 1988 c 718 art 7 s 45-49; 1989 c 220 s 4;; 1991
c 265 art 9 s 59; 1992 c 499 art 8 s 18; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 11 s 3; 1999
c 241 art 9 s 37; 2003 c 130 s 12

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 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 an interscholastic conference 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 competing schools, the relative enrollments of the schools, and the
comparability of extracurricular activities in the schools.
    Subd. 3a.[Repealed, 2000 c 498 s 1]
    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. The league shall adopt league rules and regulations
governing the athletic participation of pupils attending school in a nonresident district under
section 124D.03.
    Subd. 6. Annual report. The board annually shall prepare a written report containing the
information about the league that the commissioner is required to obtain and review under
section 128C.20. The board shall present copies of the report in a timely manner to the education
committees of the legislature.
    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 high school activities and sports
contests, from game level to tournament level.
    Subd. 8.[Repealed, 1Sp2003 c 9 art 2 s 56]
    Subd. 9. Purchasing. In purchasing goods and services, the league must follow all laws that
apply to school districts under sections 123B.52 and 471.345.
History: 1989 c 220 s 4; 1989 c 329 art 8 s 9; art 9 s 16; 1990 c 425 s 2; 1992 c 499 art 8 s
19; 1993 c 224 art 9 s 40; 1995 c 233 art 2 s 56; 1997 c 187 art 4 s 5; 1Sp1997 c 4 art 7 s 36,37;
1998 c 397 art 11 s 3; 1999 c 241 art 9 s 38; 1999 c 250 art 1 s 79; 1Sp2003 c 9 art 2 s 39

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 students, 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 students, 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.
History: 1997 c 187 art 4 s 6; 2003 c 130 s 12

128C.05 TOURNAMENTS, CLASSES OF ATHLETIC COMPETITION.
    Subdivision 1. Tournaments. The Minnesota State High School League shall establish,
conduct, and regulate championship high school tournament activities.
    Subd. 1a.[Renumbered 123B.492]
    Subd. 2. Classes. The league shall determine the number of classes in all interscholastic
athletic 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 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.
History: 1989 c 329 art 9 s 16; 1990 c 425 s 2; 1Sp2003 c 9 art 2 s 40; 2004 c 288 art 6 s
10; 2004 c 294 art 2 s 15; 1Sp2005 c 5 art 2 s 74

128C.07 ARRANGING INTERSCHOLASTIC CONFERENCE MEMBERSHIP.
    Subdivision 1. Policy. The league may establish a policy to guide member high schools in
forming or altering interscholastic conferences.
    Subd. 1a. Request. A league member high school that is not in a conference may ask the
league to arrange membership for the league member in an interscholastic 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 school must make a good faith attempt over at least 180 days to join a conference.
The 180 days run from the date of the school's 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 high school.
    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 school or a high school 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 schools 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 schools 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, an interscholastic conference of schools participating
in activities delegated to the league may be formed and changed freely.
History: 1989 c 220 s 4

128C.08 ASSAULTING A SPORTS OFFICIAL PROHIBITED.
    Subdivision 1. Definitions. For the purposes of this section, the following terms have the
meaning given in this subdivision.
"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.
"Sports official" is a person who serves as an umpire, referee, judge, linesperson, timer,
scorekeeper, or in another similar capacity for an interscholastic athletic activity.
"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.
    Subd. 2. Prohibited conduct. Any person who assaults a sports official in connection with
an interscholastic 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
school board 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 interscholastic athletic activities.
A school board may exclude a person from any activity sponsored or participated in by the
school district.
    Subd. 4. Procedure. The board of directors of the Minnesota State High School League or
a school board may exclude a person from any interscholastic 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 school board. Upon finding that the person assaulted
a sports official, the board of directors of the Minnesota State High School League or school
board 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 school board employing the coach.
History: 1991 c 168 s 1; 1995 c 186 s 119

128C.10 EXPENSE LIMITS.
    Subdivision 1. Employee expenses. Employees of the league may be reimbursed only for
expenses as authorized by the commissioner's plan for state employees adopted under section
43A.18, subdivision 2.
    Subd. 2. No credit cards. The league cannot have credit cards.
    Subd. 3. Director's expense account. The executive director of the league may have a
department head expense account. The account is subject to the same limits and guidelines as the
same account for the commissioner of education. The executive director may spend money to
entertain from this account only. The executive director may reimburse the expenses of guests of
the league from this account only.
    Subd. 4. Advisory committee pay. A member of an advisory committee may be paid for
expenses only. The only way the expenses may be reimbursed is in the same way board members'
expenses are reimbursed.
    Subd. 5. Auto policy. The board must have a policy on the use of automobiles by league staff.
The board must show annually how the policy is the most cost-effective alternative available.
History: 1989 c 220 s 4; 1Sp1995 c 3 art 16 s 13; 2003 c 130 s 12

128C.12 AUDITS AND REPORTS BY STATE AUDITOR.
    Subdivision 1. Dues and events revenue. (a) The state auditor annually must examine the
accounts of, and audit all money paid to, the State High School League by its members. The audit
must include financial and compliance issues. The audit must also include all money derived from
any event sponsored by the league.
(b) The administrative regions of the league may contract with the state auditor or with a
private certified public accountant for the audit required by this section. If a private certified
public accountant performs the audit, the state auditor may require additional information from
the private certified public accountant as the state auditor deems in the public interest. The state
auditor may accept the audit or make additional examinations as the state auditor deems to be
in the public interest.
    Subd. 2.[Repealed, 1991 c 265 art 11 s 26]
    Subd. 3. Copies. The board must file copies of the audit report with the commissioner of
education and the director of the Legislative Reference Library.
    Subd. 4.[Repealed, 1Sp2005 c 5 art 2 s 85]
    Subd. 5. League to pay for audit. The league must pay for the audit.
History: 1989 c 220 s 4; 1991 c 265 art 11 s 13; 1991 c 345 art 1 s 75; 1Sp1995 c 3 art 16 s
13; 1Sp1997 c 4 art 7 s 38; 2003 c 130 s 12; 1Sp2005 c 5 art 2 s 75,76

128C.13 [Repealed, 1Sp2003 c 9 art 2 s 56]

128C.15 EMPLOYMENT.
    Subdivision 1. Affirmative action. The State High School League must adopt an affirmative
action policy. The reason for the policy is to ensure that jobs within the league are equally
accessible to all qualified persons. The policy is also needed to eliminate underemployment by the
league of the protected groups that are defined in section 43A.02, subdivision 33.
    Subd. 2. Recruiting. The league must actively and publicly recruit qualified people to
become its employees. The league must give special emphasis to recruiting members of protected
groups. The league must advertise available positions in newspapers of general circulation. The
advertisement must contain a deadline for submitting applications that is at least 14 days after the
date of the last advertisement. The league must keep each application for at least six months and
must notify an applicant when a position, for which the applicant is qualified, becomes available.
    Subd. 3. Comparable worth. The league is a political subdivision under sections 471.992
to 471.999, except that the league must report to the commissioner of employee relations by
February 1, 1989, on its implementation plan. A cause of action against the league does not arise
before August 1, 1989, for failure to comply with sections 471.992 to 471.999.
History: 1989 c 220 s 4

128C.17 LEAGUE IS SUBJECT TO DATA PRACTICES ACT.
The collection, creation, receipt, maintenance, dissemination, or use of information by the
State High School League is subject to chapter 13. The league must make data relating to its
eligibility determinations available to the public in the form of summary data, with all personal
identifiers removed.
History: 1989 c 220 s 4; 1995 c 259 art 1 s 30

128C.20 COMMISSIONER REVIEW OF LEAGUE.
    Subdivision 1. Annually. Each year the commissioner of education shall obtain and review
the following information about the league:
(1) an accurate and concise summary of the annual financial and compliance audit prepared
by the state auditor that includes information about the compensation of and the expenditures by
the executive director of the league and league staff;
(2) a list of all complaints filed with the league and all lawsuits filed against the league and
the disposition of those complaints and lawsuits;
(3) an explanation of the executive director's performance review;
(4) information about the extent to which the league has implemented its affirmative action
policy, its comparable worth plan, and its sexual harassment and violence policy and rules; and
(5) an evaluation of any proposed changes in league policy.
The commissioner may examine any league activities or league-related issues when the
commissioner believes this review is warranted.
    Subd. 2. Recommend laws. The commissioner may recommend to the legislature whether
any legislation is made necessary by league activities.
History: 1989 c 220 s 4; 1990 c 562 art 7 s 9; 1991 c 265 art 11 s 14; 1Sp1995 c 3 art 16 s
13; 1999 c 241 art 9 s 39; 2003 c 130 s 12

128C.22 LEAGUE MUST HAVE OPEN MEETINGS.
For the purposes of chapter 13D, the State High School League is considered a state agency
required by law to transact business in meetings open to the public.
History: 1989 c 220 s 4

128C.24 LEAGUE FUNDS TRANSFER.
Beginning July 1, 2007, the Minnesota State High School League shall annually determine
the sales tax savings attributable to section 297A.70, subdivision 11, and annually transfer that
amount to a nonprofit charitable foundation created for the purpose of promoting high school
extracurricular activities. The funds must be used by the foundation to make grants to fund, assist,
recognize, or promote high school students' participation in extracurricular activities. The first
priority for funding will be grants for scholarships to individuals to offset athletic fees. The
foundation must equitably award grants based on considerations of gender balance, school size,
and geographic location, to the extent feasible.
History: 2006 c 257 s 19