HF 336

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

  1.1                          A bill for an act 
  1.2             relating to the state high school league; amending 
  1.3             Minnesota Statutes 1998, sections 128C.01, subdivision 
  1.4             4; 128C.02, by adding a subdivision; 128C.03; 128C.12, 
  1.5             subdivision 1; 128C.20, subdivisions 1, 2, and by 
  1.6             adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 128C.01, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [BOARD.] (a) The league must have a 20-member 
  1.11  governing board. 
  1.12     (1) The governor must appoint four members according to 
  1.13  section 15.0597.  Each of the four appointees must be a parent.  
  1.14  At least one of them must be an American Indian, an Asian, a 
  1.15  Black, or a Hispanic. 
  1.16     (2) The Minnesota association of secondary school 
  1.17  principals must appoint two of its members. 
  1.18     (3) The remaining 14 members must be selected according to 
  1.19  league bylaws.  
  1.20     (b) The terms, compensation, removal of members, and the 
  1.21  filling of membership vacancies are governed by section 15.0575, 
  1.22  except that the four-year terms begin on August 1 and end on 
  1.23  July 31.  As provided by section 15.0575, members who are 
  1.24  full-time state employees or full-time employees of school 
  1.25  districts or other political subdivisions of the state may not 
  1.26  receive any per diem payment for service on the board. 
  2.1      Sec. 2.  Minnesota Statutes 1998, section 128C.02, is 
  2.2   amended by adding a subdivision to read: 
  2.3      Subd. 9.  [PURCHASING.] In purchasing goods and services, 
  2.4   the league must follow all laws that apply to school districts 
  2.5   under sections 123.37 and 471.345. 
  2.6      Sec. 3.  Minnesota Statutes 1998, section 128C.03, is 
  2.7   amended to read: 
  2.8      128C.03 [PROCEDURES.] 
  2.9      The league shall adopt procedures to ensure public notice 
  2.10  of all eligibility rules and policies that will afford the 
  2.11  opportunity for public hearings on proposed or existing 
  2.12  eligibility rules.  If requested by 100 or more parents or 
  2.13  guardians of students, the public hearing on a proposed or 
  2.14  existing eligibility rule must be conducted by an administrative 
  2.15  law judge from the office of administrative hearings, by a 
  2.16  person hired under contract by the office of administrative 
  2.17  hearings, or by an independent hearing officer appointed by the 
  2.18  commissioner of children, families, and learning from a list 
  2.19  maintained for that purpose.  At the conclusion of a hearing 
  2.20  requested by 100 or more parents or guardians of students, the 
  2.21  person conducting the hearing shall write a report evaluating 
  2.22  the extent to which the league has shown that the proposed rule 
  2.23  is needed and reasonable and the legality of the proposed or 
  2.24  existing rule.  The league shall pay for hearings under this 
  2.25  section. 
  2.26     Sec. 4.  Minnesota Statutes 1998, section 128C.12, 
  2.27  subdivision 1, is amended to read: 
  2.28     Subdivision 1.  [DUES AND EVENTS REVENUE.] The state 
  2.29  auditor annually must examine the accounts of, and audit all 
  2.30  money paid to, the state high school league by its members.  The 
  2.31  audit must include financial and compliance issues.  The state 
  2.32  auditor must also audit all money derived from any event 
  2.33  sponsored by the league.  League audits must include audits of 
  2.34  administrative regions of the league.  The league and its 
  2.35  administrative regions may not contract with private auditors.  
  2.36  The scope of the state auditor's examinations of the league must 
  3.1   be agreed upon by the board and the state auditor, provided that 
  3.2   all requirements of this section must be met. The auditor shall 
  3.3   solicit league-related audit questions and issues from board 
  3.4   members.  Information received from board members responding to 
  3.5   these solicitations is confidential data on individuals or 
  3.6   protected nonpublic data under chapter 13. 
  3.7      Sec. 5.  Minnesota Statutes 1998, section 128C.20, 
  3.8   subdivision 1, is amended to read: 
  3.9      Subdivision 1.  [ANNUALLY.] Each year the commissioner of 
  3.10  children, families, and learning shall obtain and review the 
  3.11  following information about the league: 
  3.12     (1) an accurate and concise summary of the annual financial 
  3.13  and compliance audit prepared by the state auditor that includes 
  3.14  information about the compensation of and the expenditures by 
  3.15  the executive director of the league and league staff; 
  3.16     (2) a list of all complaints filed with the league and all 
  3.17  lawsuits filed against the league and the disposition of those 
  3.18  complaints and lawsuits; 
  3.19     (3) an explanation of the executive director's performance 
  3.20  review; 
  3.21     (4) information about the extent to which the league has 
  3.22  implemented its affirmative action policy, its comparable worth 
  3.23  plan, and its sexual harassment and violence policy and rules; 
  3.24  and 
  3.25     (5) an evaluation of any proposed changes in league policy. 
  3.26     The commissioner may examine any league activities or 
  3.27  league-related issues when the commissioner believes this review 
  3.28  is warranted.  The commissioner shall annually report by January 
  3.29  15 to the house and senate government operations and education 
  3.30  committees, the board of directors, and the league's 
  3.31  representative assembly on findings under this subdivision, and 
  3.32  on other league activities. 
  3.33     Sec. 6.  Minnesota Statutes 1998, section 128C.20, 
  3.34  subdivision 2, is amended to read: 
  3.35     Subd. 2.  [RECOMMEND LAWS RECOMMENDATIONS.] The board of 
  3.36  directors shall submit any proposed changes in league bylaws or 
  4.1   policies to the commissioner for review and comment at least 30 
  4.2   days before the effective date of these bylaws or policies.  The 
  4.3   commissioner shall review and report to the board of directors, 
  4.4   the representative assembly, and the chairs of the house and 
  4.5   senate government operations and education committees on the 
  4.6   proposed changes within seven days of completing the review and 
  4.7   comment.  The commissioner may recommend to the legislature 
  4.8   whether any legislation is made necessary by league activities.  
  4.9      Sec. 7.  Minnesota Statutes 1998, section 128C.20, is 
  4.10  amended by adding a subdivision to read: 
  4.11     Subd. 3.  [OMBUDSPERSON.] The commissioner of children, 
  4.12  families, and learning shall appoint an ombudsperson for persons 
  4.13  concerned about league bylaws, policies, rules, or other issues 
  4.14  and who feel that their concerns have not received proper 
  4.15  attention from league staff.  The ombudsperson also may 
  4.16  investigate issues such as a student's eligibility and may 
  4.17  advocate on behalf of parents and students before the league's 
  4.18  representative assembly.  The league may appoint other people to 
  4.19  provide additional ombudsperson services.  The league and the 
  4.20  commissioner must publicize the availability of the ombudsperson 
  4.21  services using means reasonably calculated to inform interested 
  4.22  persons.  One form of notice must be the Internet where the 
  4.23  league must include on its Internet website the name, address, 
  4.24  and telephone number of the ombudsperson in the department of 
  4.25  children, families, and learning and any other ombudsperson used 
  4.26  by the league.  The league must reimburse the commissioner of 
  4.27  children, families, and learning for the cost of ombudsperson 
  4.28  services provided by the commissioner. 
  4.29     Sec. 8.  [RULES AND POLICIES.] 
  4.30     The revisor of statutes shall recodify state high school 
  4.31  league eligibility rules.  The revisor shall work with the 
  4.32  league to clarify and eliminate discrepancies and 
  4.33  inconsistencies in league rules, policies, and bylaws affecting 
  4.34  student eligibility.  The league shall pay the revisor for the 
  4.35  cost of this work, as determined by the revisor. 
  4.36     Sec. 9.  [TRANSITION.] 
  5.1      The terms of persons who are members appointed by the 
  5.2   governor on the effective date of section 1 are extended until 
  5.3   July 31 of the year in which the terms are scheduled to expire. 
  5.4      Sec. 10.  [EFFECTIVE DATE.] 
  5.5      Sections 1 to 9 are effective July 1, 1999.