2003 Minnesota Statutes

     123B.70 School district construction. 

    Subdivision 1.    Commissioner approval.  In determining 
 whether to give a school facility a positive, negative, or 
 unfavorable review and comment, the commissioner must evaluate 
 the proposals for facilities using the information provided 
 under section 123B.71, subdivision 9. 

    Subd. 2.    Positive review and comment.  If the 
 commissioner submits a positive review and comment for a 
 proposal according to section 123B.71, the school board may 
 proceed with the construction according to the requirements of 
 applicable laws. 

    Subd. 3.    Negative review and comment.  (a) If the 
 commissioner submits a negative review and comment for a 
 proposal according to section 123B.71, the following steps must 
 be taken: 

    (1) the commissioner must notify the school board of the 
 proposed negative review and comment and schedule a public 
 meeting within 60 days of the notification within that school 
 district to discuss the proposed negative review and comment on 
 the school facility; and 

    (2) the school board shall appoint an advisory task force 
 of up to five members to advise the school board and the 
 commissioner on the advantages, disadvantages, and alternatives 
 to the proposed facility at the public meeting.  One member of 
 the advisory task force must also be a member of the county 
 facilities group. 

    (b) After attending the public meeting, the commissioner 
 shall reconsider the proposal.  If the commissioner submits a 
 negative review and comment, the school board may appeal that 
 decision under chapter 14.  

    (c) A school board may not proceed with construction if the 
 commissioner's negative review and comment is upheld or if the 
 commissioner's negative review and comment is not appealed. 

    Subd. 4.    Unfavorable review and comment.  If the 
 commissioner submits an unfavorable review and comment for a 
 proposal under section 123B.71, the school board, by resolution 
 of the board, must reconsider construction.  If, upon 
 reconsideration, the school board decides to proceed with 
 construction, it may initiate proceedings for issuing bonds to 
 finance construction under chapter 475.  Unless 60 percent of 
 the voters at the election approve of issuing the obligations, 
 the board is not authorized to issue the obligations. 

    HIST: 1988 c 718 art 8 s 1; 1990 c 562 art 5 s 1; 1991 c 265 
 art 5 s 1; 1992 c 499 art 5 s 1; 1996 c 399 art 2 s 2; 1998 c 
 397 art 1 s 58; art 11 s 3; 1998 c 398 art 6 s 3; 2000 c 254 s 
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