HF 1692

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; establishing service 
  1.3             cooperatives to replace educational cooperative 
  1.4             service units; amending Minnesota Statutes 1994, 
  1.5             section 123.58. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 123.58, is 
  1.8   amended to read: 
  1.9      123.58 [EDUCATIONAL COOPERATIVE SERVICE UNITS.] 
  1.10     Subdivision 1.  [DECLARATION OF POLICY.] It is declared to 
  1.11  be a policy of the state to make general and uniform educational 
  1.12  opportunities available to all school children member agencies 
  1.13  in the state.  In striving toward this equalizing of educational 
  1.14  opportunity, the policy of the state shall be to encourage 
  1.15  cooperation in making available to all students member agencies 
  1.16  those educational programs and services which may most 
  1.17  efficiently and economically be provided by a consortium effort 
  1.18  of several school districts public or governmental agencies. 
  1.19     Subd. 2.  [ESTABLISHMENT OF EDUCATIONAL COOPERATIVE SERVICE 
  1.20  UNITS COOPERATIVES.] (a) In furtherance of this policy, ten 
  1.21  educational cooperative service units cooperatives are 
  1.22  established.  Each unit, regional agency shall be termed an 
  1.23  educational cooperative a service unit cooperative, hereafter 
  1.24  designated as an ECSU a SC.  Geographical boundaries for 
  1.25  each ECSU SC shall coincide with those identified in governor's 
  2.1   executive orders 8, dated September 1, 1971, and 59, dated May 
  2.2   29, 1973, issued pursuant to the regional development act of 
  2.3   1969, Minnesota Statutes, sections 462.381 to 462.397, with the 
  2.4   following exceptions: 
  2.5      (1) development regions one and two shall be combined to 
  2.6   form a single ECSU SC; 
  2.7      (2) development regions six east and six west shall be 
  2.8   combined to form a single ECSU SC; 
  2.9      (3) development regions seven east and seven west shall be 
  2.10  combined to form a single ECSU SC. 
  2.11     (b) The ECSU SC shall cooperate with the regional 
  2.12  development commission for the region with which its boundaries 
  2.13  coincide but shall not be responsible to nor governed by that 
  2.14  regional development commission. 
  2.15     (c) Two or more identified ECSU units SCs may, upon 
  2.16  approval by a majority of school boards of participating school 
  2.17  districts the members in each affected ECSU SC, be combined and 
  2.18  administered as a single ECSU unit SC. 
  2.19     Subd. 3.  [PURPOSE OF ECSU SC.] The primary purposes of 
  2.20  designation as an ECSU a SC shall be to perform educational 
  2.21  planning on a regional basis and to assist in meeting specific 
  2.22  educational needs of children clients in participating school 
  2.23  districts public or governmental agencies which could be better 
  2.24  provided by an ECSU a SC than by the districts members 
  2.25  themselves.  The ECSU SC shall provide those educational 
  2.26  programs and services which are determined, pursuant to 
  2.27  subdivision 8, to be priority needs of the particular region and 
  2.28  shall assist in meeting special needs which arise from 
  2.29  fundamental constraints upon individual school districts members.
  2.30     Subd. 4.  [MEMBERSHIP AND PARTICIPATION.] Full membership 
  2.31  in an ECSU a SC shall be limited to public school districts, 
  2.32  cities, counties, and other public or governmental agencies of 
  2.33  the state but nonvoting associate memberships shall be available 
  2.34  to nonpublic school administrative units and other partnership 
  2.35  agencies or organizations within the ECSU SC.  A school 
  2.36  district, city, county, or other public or governmental agency 
  3.1   or nonprofit organization may belong to one or more ECSUs SCs.  
  3.2   Participation in programs and services provided by the ECSU SC 
  3.3   shall be discretionary.  No school district, city, county, or 
  3.4   other public or governmental agency shall be compelled to 
  3.5   participate in these services under authority of this section. 
  3.6   Nonpublic school students and personnel are encouraged to 
  3.7   participate in programs and services to the extent allowed by 
  3.8   law. 
  3.9      Subd. 5.  [GOVERNING BOARD.] (a) The care, management, and 
  3.10  control of an ECSU a SC shall be vested in a board of directors 
  3.11  composed of not less than six nor more than 15 members.  A 
  3.12  majority of the members of the ECSU SC board of directors shall 
  3.13  be current members of school boards of participating public 
  3.14  school districts.  Election of the school board members to the 
  3.15  ECSU SC board of directors shall be by vote of all current 
  3.16  school board members of participating public school districts 
  3.17  with each school board member having one vote.  The remaining 
  3.18  board members may be representatives at large appointed by the 
  3.19  board members or elected as representatives by other 
  3.20  participating agencies, such as cities, counties, or other 
  3.21  public or governmental agencies.  
  3.22     (b) At the initial election, not less than six nor more 
  3.23  than 15 members shall be elected at large from the ECSU, 
  3.24  one-third of the members for a one year term from July 1 next 
  3.25  following the election, one-third of the members for a two year 
  3.26  term, and one-third of the members for a three year term, to 
  3.27  serve until a successor is elected and qualifies; provided that 
  3.28  if the number of members is not evenly divisible by three, the 
  3.29  membership will be as evenly distributed as possible among one, 
  3.30  two, and three year terms with the remaining members serving the 
  3.31  three year term.  Elections shall occur after the third Tuesday 
  3.32  in May but not later than June 15, or within 90 days following 
  3.33  the filing of the initial petition with the state board of 
  3.34  education.  Thereafter, members shall be elected to serve a term 
  3.35  of three years beginning on July 1 next following the election.  
  3.36  The election timeline shall be compatible with those for school 
  4.1   board members and shall be addressed within the bylaws of each 
  4.2   SC.  
  4.3      (c) Notwithstanding any contrary provisions in (a) and (b), 
  4.4   the school boards of districts within that ECSU whose boundaries 
  4.5   coincide with those of development region 11 may form a 
  4.6   representative assembly composed of one current school board 
  4.7   member from each district.  The care, management, and control of 
  4.8   that ECSU shall be vested in the representative assembly if one 
  4.9   is formed.  The representative assembly shall elect an executive 
  4.10  committee of not less than six nor more than 15 members to terms 
  4.11  as provided in clause (b) to have those powers and to carry out 
  4.12  those duties delegated to it by the representative assembly.  In 
  4.13  the election of its executive committee, the representative 
  4.14  assembly shall establish such electoral districts as necessary 
  4.15  to ensure proportional representation based on school 
  4.16  enrollments within the ECSU.  The provisions of clauses (d), 
  4.17  (e), (f) and (g) of this subdivision shall apply to the 
  4.18  executive committee of this ECSU. 
  4.19     (d) A vacancy on the SC board which results in an unexpired 
  4.20  term shall may be filled by appointment by the SC board of 
  4.21  directors until such vacancy can be filled at the next annual 
  4.22  board election. 
  4.23     (e) (d) The first meeting of the ECSU board shall be at a 
  4.24  time mutually agreed upon by board members.  At this the 
  4.25  organizational meeting, the ECSU SC board shall choose its 
  4.26  officers and conduct any other necessary organizational 
  4.27  business.  The ECSU SC board may, in at its discretion, appoint 
  4.28  up to three superintendents of school districts within the 
  4.29  ECSU members at large to the SC board as ex officio, nonvoting 
  4.30  members of the board and shall encourage the advisory 
  4.31  participation of administrators of nonpublic school 
  4.32  administrative units a cross-section of school and agency 
  4.33  personnel within the ECSU SC to the extent allowed by law. 
  4.34     (f) (e) The officers of the ECSU SC board shall be a chair, 
  4.35  vice-chair, clerk, and treasurer, no two of whom when possible 
  4.36  shall be from the same school district agency. 
  5.1      (g) (f) A member of the ECSU SC board shall have the same 
  5.2   liability applicable to a member of an independent school 
  5.3   board or other elected governmental officials. 
  5.4      Subd. 6.  [DUTIES AND POWERS OF ECSU SC BOARD OF 
  5.5   DIRECTORS.] The board of directors shall have authority to 
  5.6   maintain and operate an ECSU a SC.  Subject to the availability 
  5.7   of necessary resources, the powers and duties of this board 
  5.8   shall include the following: 
  5.9      (a) The board of directors shall submit, by June 1 of each 
  5.10  year to each participating school district member, an annual 
  5.11  plan which describes the objectives and procedures to be 
  5.12  implemented in assisting in resolution of the educational needs 
  5.13  of the ECSU SC.  In formulating the plan the board is encouraged 
  5.14  to consider: (1) the number of dropouts of school age in the 
  5.15  ECSU area and the reasons for the dropouts; (2) existing 
  5.16  programs within participating districts for dropouts and 
  5.17  potential dropouts; (3) existing programs of the ECSU for 
  5.18  dropouts and potential dropouts and (4) program needs of 
  5.19  dropouts and potential dropouts in the area served by the ECSU.  
  5.20     (b) The ECSU SC board of directors may shall provide 
  5.21  adequate office, service center, and administrative facilities 
  5.22  by lease, purchase, gift, or otherwise, subject to the review of 
  5.23  the commissioner as to the adequacy of the facilities proposed. 
  5.24     (c) The ECSU SC board of directors may shall employ a 
  5.25  central administrative staff and other personnel as necessary to 
  5.26  provide and support the agreed upon programs and services.  The 
  5.27  board may discharge staff and personnel pursuant to applicable 
  5.28  provisions of law applicable to independent school 
  5.29  districts.  ECSU SC staff and personnel may participate in 
  5.30  retirement programs and any other programs available to public 
  5.31  school staff and personnel.  
  5.32     (d) The ECSU SC board of directors may appoint special 
  5.33  advisory committees composed of superintendents, central office 
  5.34  personnel, building principals, teachers, parents and, lay 
  5.35  persons, and representatives from cities, counties, and other 
  5.36  public or governmental agencies.  
  6.1      (e) The ECSU SC board of directors may employ service area 
  6.2   personnel pursuant to licensure and certification standards 
  6.3   developed by the appropriate state agency such as the state 
  6.4   board and the state board of teaching.  
  6.5      (f) The ECSU SC board of directors may enter into contracts 
  6.6   with school boards of local districts including school districts 
  6.7   outside the ECSU SC area.  
  6.8      (g) The ECSU SC board of directors may enter into contracts 
  6.9   with other public and private agencies and institutions which 
  6.10  may include, but are not limited to, contracts with Minnesota 
  6.11  institutions of higher education to provide administrative staff 
  6.12  and other personnel as necessary to furnish and support the 
  6.13  agreed upon programs and services.  
  6.14     (h) The ECSU SC board of directors shall exercise all 
  6.15  powers and carry out all duties delegated to it by participating 
  6.16  local school districts members under provisions of the ECSU SC 
  6.17  bylaws.  The ECSU SC board of directors shall be governed, when 
  6.18  not otherwise provided, by the provisions of law applicable to 
  6.19  independent school districts laws of the state. 
  6.20     (i) The ECSU SC board of directors shall submit an annual 
  6.21  evaluation report of the effectiveness of programs and services 
  6.22  to the school districts and nonpublic school administrative 
  6.23  units within the ECSU members by September 1 of each year 
  6.24  following the school year previous June 30 in which the program 
  6.25  programs and services were provided.  
  6.26     (j) The ECSU SC board is encouraged to establish 
  6.27  cooperative, working relationships and partnerships with 
  6.28  post-secondary educational institutions in the state, other 
  6.29  public agencies, business, and industry.  
  6.30     Subd. 7.  [APPOINTMENT OF AN ADVISORY COUNCIL.] There shall 
  6.31  may be an advisory council councils selected to give advice and 
  6.32  counsel to the ECSU SC board of directors.  This council shall 
  6.33  The councils may be composed of superintendents, central office 
  6.34  personnel, principals, teachers, parents, and lay persons.  
  6.35  Nonpublic school administrative units are encouraged to 
  6.36  participate on the council to the extent allowed by 
  7.1   law representatives from public and nonpublic schools, cities, 
  7.2   counties, and other public or governmental agencies.  
  7.3      Subd. 8.  [EDUCATIONAL PROGRAMS AND SERVICES.] The board of 
  7.4   directors of each ECSU SC shall submit annually a plan to 
  7.5   the public school districts and nonpublic school administrative 
  7.6   units within the ECSU members.  The plan shall identify the 
  7.7   programs and services which are suggested for implementation by 
  7.8   the ECSU SC during the following school year and shall contain 
  7.9   components of long-range planning determined by the ECSU SC.  
  7.10  These programs and services may include, but are not limited to, 
  7.11  the following areas: 
  7.12     (a) Administrative services and purchasing 
  7.13     (b) Curriculum development 
  7.14     (c) Data processing 
  7.15     (d) Educational television Distance learning 
  7.16     (e) Evaluation and research 
  7.17     (f) In-service training Staff development 
  7.18     (g) Media and technology centers 
  7.19     (h) Publication and dissemination of materials 
  7.20     (i) Pupil personnel services 
  7.21     (j) Regional Planning, joint use of facilities, and 
  7.22  flexible and year-round school scheduling 
  7.23     (k) Secondary, post-secondary, community, adult, and adult 
  7.24  vocational education 
  7.25     (l) Individualized instruction Teaching and learning 
  7.26  services, including services for students with special talents 
  7.27  and special needs 
  7.28     (m) Teacher Employee personnel services 
  7.29     (n) Vocational rehabilitation 
  7.30     (o) Health, diagnostic, and child development services and 
  7.31  centers 
  7.32     (p) Leadership or direction in early childhood and family 
  7.33  education 
  7.34     (q) Community services 
  7.35     (r) Shared time programs 
  7.36     (s) Fiscal services and risk management programs 
  8.1      (t) Technology planning, training, and support services 
  8.2      (u) Health and safety services 
  8.3      (v) Student academic challenges 
  8.4      (w) Cooperative purchasing services. 
  8.5      Subd. 8a.  [TECHNICAL ASSISTANCE.] Insofar as possible, 
  8.6   educational cooperative service units shall make technical 
  8.7   assistance for long-range planning available to school districts 
  8.8   upon request and shall establish a common database for local and 
  8.9   regional decision making.  
  8.10     Subd. 9.  [FINANCIAL SUPPORT FOR THE EDUCATIONAL 
  8.11  COOPERATIVE SERVICE UNITS COOPERATIVES.] (a) Financial support 
  8.12  for ECSU SC programs and services shall be provided by 
  8.13  participating local school districts and nonpublic school 
  8.14  administrative units members with private, state, and federal 
  8.15  financial support supplementing as available.  The ECSU SC board 
  8.16  of directors may, in each year, for the purpose of paying any 
  8.17  administrative, planning, operating, or capital expenses 
  8.18  incurred or to be incurred, assess and certify to each 
  8.19  participating school district and, nonpublic school 
  8.20  administrative unit, city, county, and other public or 
  8.21  governmental agency its proportionate share of any and all 
  8.22  expenses.  This share shall be based upon the extent of 
  8.23  participation by each school district or, nonpublic school 
  8.24  administrative unit, city, county, or other public or 
  8.25  governmental agency and shall be in the form of a service fee.  
  8.26  Each participating school district and, nonpublic school 
  8.27  administrative unit, city, county, or other public or 
  8.28  governmental agency shall remit its assessment to the ECSU SC 
  8.29  board as provided in the ECSU SC bylaws.  The assessments shall 
  8.30  be paid within the maximum levy limitations of each 
  8.31  participating district member.  No participating school district 
  8.32  or nonpublic school administrative unit member shall have any 
  8.33  additional liability for the debts or obligations of the ECSU SC 
  8.34  except that assessment which has been certified as its 
  8.35  proportionate share and any other liability the school district 
  8.36  or nonpublic school administrative unit member assumes under 
  9.1   section 123.35, subdivision 19b. 
  9.2      (b) Any property acquired by the ECSU SC board is public 
  9.3   property to be used for essential public and governmental 
  9.4   purposes which shall be exempt from all taxes and special 
  9.5   assessments levied by a city, county, state or political 
  9.6   subdivision thereof.  If the ECSU SC is dissolved, its property 
  9.7   must be distributed to the member public school districts 
  9.8   members at the time of the dissolution. 
  9.9      (c) A school district or nonpublic school administrative 
  9.10  unit member may elect to withdraw from participation in the ECSU 
  9.11  SC by a majority vote of its full board membership and upon 
  9.12  compliance with the applicable withdrawal provisions of the ECSU 
  9.13  SC organizational agreement.  The withdrawal shall be effective 
  9.14  on the June 30 following receipt by the board of directors of 
  9.15  written notification of the withdrawal by February 1 of the same 
  9.16  year.  Notwithstanding the withdrawal, the proportionate share 
  9.17  of any expenses already certified to the withdrawing school 
  9.18  district or nonpublic school administrative unit member for the 
  9.19  ECSU SC shall be paid to the ECSU SC board. 
  9.20     (d) The ECSU SC is a public corporation and agency and its 
  9.21  board of directors may make application for, accept and expend 
  9.22  private, state and federal funds that are available for programs 
  9.23  of educational benefit approved by the commissioner in 
  9.24  accordance with rules adopted by the state board of education 
  9.25  pursuant to chapter 14 the members.  The commissioner shall 
  9.26  not may distribute special state aid or federal aid directly 
  9.27  to an ECSU a SC in lieu of distribution to a school district 
  9.28  within the ECSU SC which would otherwise qualify for and be 
  9.29  entitled to this aid without the consent of the school board of 
  9.30  that district. 
  9.31     (e) The ECSU SC is a public corporation and agency and as 
  9.32  such, no earnings or interests of the ECSU SC may inure to the 
  9.33  benefit of an individual or private entity. 
  9.34     Subd. 10.  [JOINT POWERS ACT.] Nothing in this section 
  9.35  shall restrict the authority granted to school district boards 
  9.36  of education by section 471.59. 
 10.1      Subd. 11.  [ANNUAL MEETING.] Each ECSU SC shall conduct a 
 10.2   meeting at least annually for districts that have entered into 
 10.3   an agreement under section 471.59 and for districts 
 10.4   cooperatively offering educational services to elementary and 
 10.5   secondary pupils within the area served by the ECSU.  The 
 10.6   purpose of the meeting shall be to discuss issues of mutual 
 10.7   concern and to facilitate coordination and cooperation in 
 10.8   providing educational opportunities.  The governing board formed 
 10.9   under each cooperative agreement or each school board 
 10.10  participating in a cooperative program, for programs having no 
 10.11  governing board, shall designate at least one person to attend 
 10.12  this meeting its members. 
 10.13     Subd. 12.  [SERVICES.] Educational cooperative service 
 10.14  units may provide administrative, purchasing, and data 
 10.15  processing services to cities, counties, towns, or other 
 10.16  governmental units at mutually negotiated prices.