SF 5124

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/15/2026 09:10 a.m.

A bill for an act
relating to education; authorizing the board of Koochiching County to divide
Independent School District, No. 363, South Koochiching.

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

Section 1. new text begin DIVISION OF SOUTH KOOCHICHING SCHOOL DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Instituting proceedings. new text end

new text begin Proceedings to divide Independent School
District No. 363, South Koochiching, under this section may be instituted by petition executed
by at least ... percent of the eligible voters of the district proposed for division and addressed
to the county board of Koochiching County.
new text end

new text begin Subd. 2. new text end

new text begin Petition. new text end

new text begin (a) A petition executed pursuant to subdivision 1 must be filed with
the auditor before July 1, 2027. If a petition is not timely filed, the county board must not
institute proceedings to divide the district.
new text end

new text begin (b) The petition must contain the following:
new text end

new text begin (1) a statement that petitioners desire proceedings instituted leading to division of the
district and other provisions made for the education of the inhabitants of the territory and
that petitioners are eligible voters of the district;
new text end

new text begin (2) an identification of the district; and
new text end

new text begin (3) the reasons supporting the petition, which may include recommendations as to
disposition of territory to be divided. The recommendations are advisory in nature only and
are not binding on any petitioners or county board for any purpose.
new text end

new text begin (c) The persons circulating the petition shall attach their affidavit swearing or affirming
that the persons executing the petition are eligible voters, as defined in Minnesota Statutes,
section 201.014, of the district and that they signed in the presence of one of the circulators.
new text end

new text begin (d) The auditor shall present the petition to the county board at its next meeting. At that
meeting, the county board must determine a date for a hearing. The hearing shall be not less
than 20 nor more than 60 days from the date of that meeting.
new text end

new text begin Subd. 3. new text end

new text begin Hearing; notice. new text end

new text begin The county auditor must give ten days' posted notice of the
hearing in the school district proposed for division, one week's published notice in the
county, and ten days' mailed notice to the clerk of the school district proposed for division
and to the commissioner of education.
new text end

new text begin Subd. 4. new text end

new text begin Order may be issued. new text end

new text begin (a) Within 90 days of the date set for the original hearing,
the county board may issue its order:
new text end

new text begin (1) dismissing the proceedings; or
new text end

new text begin (2) providing for the division of the district.
new text end

new text begin (b) If no order is issued within the limited time, the proceedings are dismissed.
new text end

new text begin Subd. 5. new text end

new text begin Order for division. new text end

new text begin (a) An order providing for division of the district must
contain the following:
new text end

new text begin (1) a statement that the district is to be divided;
new text end

new text begin (2) a description by words, plat, or both showing the disposition of territory in the district
to be divided;
new text end

new text begin (3) the outstanding bonded debt; outstanding energy loans made according to Minnesota
Statutes, section 216C.37, or Minnesota Statutes, sections 298.292 to 298.297; and the
capital loan obligation of the district to be divided;
new text end

new text begin (4) an effective date for the order. The effective date shall be July 1 of an odd-numbered
year unless the school board and the exclusive representative of the teachers in the school
district agree to an effective date of July 1 of an even-numbered year. The agreement must
be in writing and submitted to the commissioner; and
new text end

new text begin (5) other information the county board may desire to include.
new text end

new text begin (b) The county board must consult with the commissioner of education in preparing the
order. An order providing for division of the district must also be approved by the
commissioner of education.
new text end

new text begin (c) The county auditor shall within ten days from its issuance serve a copy of the order
by mail upon the clerk of the district to be divided and upon the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin School district approval of order. new text end

new text begin (a) Within 60 days following issuance of
an order for division, the board of the existing school district may, by resolution, approve
or disapprove the order. If the board adopts a resolution approving the order, the order
becomes final and effective as of the date specified in the order and no voter approval is
required.
new text end

new text begin (b) If the board does not adopt a resolution approving the order within the limited time,
or if the board adopts a resolution disapproving the order, the question on approval of the
order must be put to the voters under subdivision 7.
new text end

new text begin Subd. 7. new text end

new text begin Voter approval of order. new text end

new text begin (a) If the order for division requires voter approval
under the requirements of subdivision 6, the order must be approved by a majority of those
voting on the question at an election to be called in the district to be divided. The question
voted on shall be:
new text end

new text begin "Shall the order of the county board of ..... County dated ..... providing for the division
of this school district be approved?
new text end

	new text begin Yes . new text end
	new text begin No . new text end	new text begin " new text end

new text begin (b) If an election is required, then before the expiration of a 45-day period after the date
of the order for division, the auditor shall set a date and call the election by filing a written
order for the election and serving a copy of the order personally or by mail to the clerk of
the district in which the election is to be held. The special election shall be held in the district
proposed for division and must be held on a date authorized in Minnesota Statutes, section
205A.05, subdivision 1a. The auditor shall post and publish notice of the election according
to law. Upon receipt of the notice, the board shall conduct the election.
new text end

new text begin (c) The board must certify the results of the election to the auditor. If a majority of all
votes cast on the question at the election approve the order, the order becomes final and
effective as of the date specified in the order. Each person served with the order shall be so
notified. If a majority of all votes cast on the question disapprove the order, the proceedings
are dismissed, and the order becomes void.
new text end

new text begin Subd. 8. new text end

new text begin Assets and liabilities. new text end

new text begin (a) The commissioner of education shall, within 30 days
after the order is finally approved under subdivision 6 or 7, issue an order for the distribution
of the preexisting school district's current assets and liabilities, real and personal.
new text end

new text begin (b) Title to all the real and personal property of the preexisting school district that is
located in the newly created independent school district must pass to the newly created
independent school district upon the effective date of the order.
new text end

new text begin Subd. 9. new text end

new text begin Bonded debt. new text end

new text begin As of the effective date of the order, all taxable property in the
newly created district is taxable for the payment of any bonded debt already incurred by
the preexisting district in the proportion which the net tax capacity of that part of the newly
created district bears to the net tax capacity of the entire preexisting district as of the time
of the division.
new text end

new text begin Subd. 10. new text end

new text begin School board elections; duties. new text end

new text begin (a) The county auditor shall determine a date,
not less than 30 nor more than 60 days from the date that the order setting the effective date
of the division was finally approved under subdivision 6 or 7, to hold a special election in
each of the divided districts for the purpose of electing a board of six members for terms
of four years and until a successor is elected and qualifies according to provisions of law
governing the election of board members in independent districts. Notwithstanding the
foregoing, three members of the first board must be elected to terms that expire on the first
Monday in January following the first regularly scheduled school district general election
that occurs more than six months after the election of the first board, and three members
must be elected to terms that expire on the first Monday in January following the second
school district general election that occurs more than six months after the election of the
first board.
new text end

new text begin (b) The county auditor shall give ten days' posted notice of election in the area in which
the election is to be held, and also if a newspaper is published in the district, one weeks'
published notice. The notice must specify the time, place, and purpose of the election.
new text end

new text begin (c) Any person desiring to be a candidate for a school election shall file an application
with the county auditor to have the applicant's name placed on the ballot for such office,
specifying the term for which the application is made. The application must be filed not
less than 21 days before the election.
new text end

new text begin (d) The county auditor shall prepare, at the expense of the county, necessary ballots for
the election of officers, placing the names of the proposed candidates for each office on the
ballots. The ballots must be marked and signed as official ballots and shall be used
exclusively at the election. The county auditor shall determine the number and boundaries
of voting precincts. The county auditor shall determine the location of polling places,
determine the hours the polls shall be open, and appoint three election judges for each polling
place who shall act as clerks of election. Election judges shall certify ballots and results to
the county auditor for tabulation and canvass.
new text end

new text begin (e) After making a canvass and tabulation, the county auditor shall issue a certificate of
election to the candidate for each office who received the largest number of votes cast for
the office. The county auditor shall deliver the certificate to the person entitled to a certificate
by certified mail, and each person so certified shall file an acceptance and oath of office
with the county auditor within 30 days of the date of mailing the certificate. A person who
fails to qualify prior to the time specified shall be deemed to have refused to serve, but the
filing may be made at any time an action to fill a vacancy has been taken.
new text end

new text begin (f) The board of the existing district shall continue to maintain the schools within the
district until the effective date of the division.
new text end

new text begin (g) The newly elected board of each divided district has the immediate duty, after the
members have qualified and the board has been organized, to plan for the maintenance of
the school or schools of the district for the next school year, to enter into the necessary
negotiations and contracts for the employment of personnel, purchase of equipment and
supplies, and other acquisition and betterment purposes, when authorized by the voters to
issue bonds under the provisions of Minnesota Statutes, chapter 475. On the effective date
of the division, the newly elected board must assume the full duties of the care, management,
and control of the district. The board of the district must give due consideration to the
feasibility of maintaining the school or schools of the district and of establishing other
schools, especially in rural areas, as will afford equitable and efficient school administration
and assure the convenience and welfare of the pupils residing in the district.
new text end

new text begin Subd. 11. new text end

new text begin Teacher assignment. new text end

new text begin The school board and the exclusive representative of
teachers of the existing district may negotiate a plan for assigning teachers to each of the
divided districts.
new text end

new text begin Subd. 12. new text end

new text begin Nonlicensed employees. new text end

new text begin The school board and the exclusive representative
of the nonlicensed employees of the existing district may negotiate a plan for assigning
nonlicensed employees to each of the divided districts.
new text end

new text begin Subd. 13. new text end

new text begin Commissioner duties. new text end

new text begin (a) Notwithstanding Minnesota Statutes, section
126C.05, subdivision 3, or 126C.10, subdivision 3a, compensatory aid for each site in the
divided districts must be computed using data for the current fiscal year.
new text end

new text begin (b) The commissioner may calculate other aid amounts for each of the divided districts
on data for the current fiscal year as necessary and recalculate previously certified amounts
in the form and manner determined by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end