HF 1850

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; dissolving special school 
  1.3             district No. 1, Minneapolis; attaching portions of the 
  1.4             district to other school districts; repealing 
  1.5             Minnesota Statutes 1994, sections 128D.01; 128D.02; 
  1.6             128D.03; 128D.04; 128D.05; 128D.06; 128D.07; 128D.08; 
  1.7             128D.09; 128D.10; 128D.11; 128D.12; 128D.13; 128D.14; 
  1.8             128D.15; 128D.16; and 128D.17. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [DISSOLUTION OF MINNEAPOLIS SCHOOL DISTRICT.] 
  1.11     Subdivision 1.  [DISSOLUTION.] Special school district No. 
  1.12  1, Minneapolis, is dissolved July 1, 1997.  The territory of 
  1.13  special school district No. 1, Minneapolis, shall be attached to 
  1.14  other school districts according to the provisions of this act. 
  1.15     Sec. 2.  [ATTACHMENT.] 
  1.16     Subdivision 1.  [TERRITORY.] The territory of special 
  1.17  school district No. 1, Minneapolis, is attached to the following 
  1.18  districts effective July 1, 1997. 
  1.19     Subd. 2.  [COLUMBIA HEIGHTS.] That portion of territory 
  1.20  consisting of census blocks 5, 6.01, 6.02, 11, 17, 18, and 19, 
  1.21  is attached to independent school district No. 13, Columbia 
  1.22  Heights. 
  1.23     Subd. 3.  [HOPKINS.] That portion of territory consisting 
  1.24  of census blocks 20, 21, 22, 27, 28, 29, 32, 33, 34, 41, and 42, 
  1.25  is attached to independent school district No. 270, Hopkins. 
  1.26     Subd. 4.  [BLOOMINGTON.] That portion of territory 
  1.27  consisting of census blocks 69, 71, 72, 73, 78, 79, 85, 86, 95, 
  2.1   96, 97, 101, 109, 110, 115, 116, 117.01, 117.02, and 120.02, is 
  2.2   attached to independent school district No. 271, Bloomington. 
  2.3      Subd. 5.  [EDINA.] That portion of territory consisting of 
  2.4   census blocks 82, 83, 84, 93, 94, 100, 107, 108, 114, and 
  2.5   120.01, is attached to independent school district No. 273, 
  2.6   Edina. 
  2.7      Subd. 6.  [RICHFIELD.] That portion of territory consisting 
  2.8   of census blocks 90, 104, 105, 111, 118, 119, 121.01, and 
  2.9   121.02, is attached to independent school district No. 280, 
  2.10  Richfield. 
  2.11     Subd. 7.  [ROBBINSDALE.] That portion of territory 
  2.12  consisting of census blocks 2, 3, 4, 7, 8, 9, 10, 13, 14, 15, 
  2.13  16, 23, 35, 44, 45, 46, 47, 48, 51, 52, 55, 56, 65, 66, 67, 68, 
  2.14  and 70 is attached to independent school district No. 281, 
  2.15  Robbinsdale. 
  2.16     Subd. 8.  [ST. ANTHONY-NEW BRIGHTON.] That portion of 
  2.17  territory consisting of census blocks 12 and 26 is attached to 
  2.18  independent school district No. 282, St. Anthony-New Brighton. 
  2.19     Subd. 9.  [ST. LOUIS PARK.] That portion of territory 
  2.20  consisting of census blocks 77, 80, 81, 91, 92, 98, 99, 106, 
  2.21  112, and 113, is attached to independent school district No. 
  2.22  283, St. Louis Park. 
  2.23     Subd. 10.  [BROOKLYN CENTER.] That portion of territory 
  2.24  consisting of census blocks 1.01 and 1.02, is attached to 
  2.25  independent school district 286, Brooklyn Center. 
  2.26     Subd. 11.  [ROSEVILLE.] That portion of territory 
  2.27  consisting of census blocks 40, 50, 53, 54, 57, 58, 59, 60, 61, 
  2.28  62, 63, 64, 74, 75, 76, 87, 88, 89, 102, and 103, is attached to 
  2.29  independent school district No. 623, Roseville.  
  2.30     Subd. 12.  [CONVERSION.] The Hennepin county auditor shall 
  2.31  convert the census block boundaries listed in this section into 
  2.32  boundaries described by indestructible physical characteristics. 
  2.33     Sec. 3.  [ASSETS AND LIABILITIES.] 
  2.34     All of the current assets and liabilities, real and 
  2.35  personal, and all legally valid and enforceable claims and 
  2.36  contract obligations shall pass to the districts to which the 
  3.1   territories are attached, except as provided in section 4.  The 
  3.2   commissioner of education shall issue an order for the 
  3.3   distribution of the current assets and liabilities, real and 
  3.4   personal, by December 31, 1996.  If the commissioner's order 
  3.5   provides for the transfer of an interest in real estate to a 
  3.6   district, this order may also impose a dollar amount as a claim 
  3.7   against that district in favor of other districts, and this 
  3.8   claim shall be paid and enforced in the manner provided by law 
  3.9   for the payment of judgments against a district.  The 
  3.10  obligations of districts to the teachers employed by the 
  3.11  dissolved district shall be governed by the provisions of 
  3.12  section 4. 
  3.13     Sec. 4.  [EMPLOYEES.] 
  3.14     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  3.15  section, the term "teacher" shall have the meaning attributed to 
  3.16  it in section 125.12, subdivision 1. 
  3.17     Subd. 2.  [TEACHER ASSIGNMENT.] (a) As of the effective 
  3.18  date of this dissolution, each teacher employed by special 
  3.19  school district No. 1, Minneapolis, shall be assigned to the 
  3.20  districts listed in section 2 on the basis of a ratio of the 
  3.21  pupils assigned to each district according to the new district 
  3.22  boundaries.  The district receiving the greatest number of 
  3.23  pupils must be assigned the teacher with the greatest seniority, 
  3.24  and the remaining teachers must be alternately assigned to each 
  3.25  district until the district receiving the fewest pupils has 
  3.26  received its ratio of teachers who will not be retiring before 
  3.27  the effective date of the dissolution. 
  3.28     (b) Notwithstanding paragraph (a), the school board and the 
  3.29  exclusive representative of teachers in each school district 
  3.30  involved in the dissolution and attachment may negotiate a plan 
  3.31  for assigning teachers to each newly created or enlarged 
  3.32  district. 
  3.33     Subd. 3.  [EXCLUSIVE REPRESENTATION.] The organization 
  3.34  certified as the exclusive bargaining representative for the 
  3.35  teachers in each district to which teachers from special school 
  3.36  district No. 1, Minneapolis, have been assigned is the exclusive 
  4.1   bargaining representative for the teachers assigned to that new 
  4.2   employing district, until that organization is decertified or 
  4.3   another organization is certified in its place pursuant to 
  4.4   Minnesota Statutes, sections 179A.01 to 179A.25.  For purposes 
  4.5   of negotiation of a new contract with the board of the new 
  4.6   employing district and the certification of an exclusive 
  4.7   bargaining representative for purposes of that negotiation, the 
  4.8   teachers assigned to that district shall be considered an 
  4.9   appropriate unit of employees of that district as of July 1, 
  4.10  1997.  During the school year before the dissolution, the board 
  4.11  of a district to which the dissolved district's territory is 
  4.12  attached may place teachers assigned to it on unrequested leave 
  4.13  of absence as provided in section 125.12 according to:  (1) a 
  4.14  plan negotiated in a new master contract between it and the 
  4.15  exclusive bargaining representative of the teachers assigned to 
  4.16  it; or (2) if no such plan exists, an applicable plan negotiated 
  4.17  in the contract which according to this subdivision will 
  4.18  temporarily govern the terms and conditions of employment of 
  4.19  teachers assigned to it; or (3) if no plan exists pursuant to 
  4.20  either clause (1) or (2), the provisions of section 125.12, 
  4.21  subdivision 6b, on the basis of a combined seniority list of all 
  4.22  teachers assigned to it.  
  4.23     Subd. 4.  [EMPLOYMENT; CONTRACTS; TERMINATION.] Except as 
  4.24  provided in this section, the provisions of Minnesota Statutes, 
  4.25  section 125.12 or 125.17, shall apply to the employment of each 
  4.26  teacher by the new employing district on the same basis as they 
  4.27  would have applied to the employment if the teacher had been 
  4.28  employed by that new district before the effective date of the 
  4.29  dissolution and attachment.  For the purpose of applying the 
  4.30  provisions of subdivision 3, clause (3), and the provisions of 
  4.31  section 125.12, subdivision 6b, each school district must be 
  4.32  considered to have started school each year on the same date.  
  4.33     Sec. 5.  [REQUIRED LEVIES.] 
  4.34     In the year prior to the effective date of the dissolution 
  4.35  of a special school district No. 1, Minneapolis, the Minneapolis 
  4.36  school board shall certify levies for general education, basic 
  5.1   transportation, and capital expenditure equipment and facilities 
  5.2   and any other levies so ordered by the commissioner of education 
  5.3   in an amount equal to the maximum amount authorized for the 
  5.4   dissolving district for taxes payable in the year the 
  5.5   dissolution is effective.  
  5.6      Sec. 6.  [REPEALER.] 
  5.7      Minnesota Statutes 1994, sections 128D.01; 128D.02; 
  5.8   128D.03; 128D.04; 128D.05; 128D.06; 128D.07; 128D.08; 128D.09; 
  5.9   128D.10; 128D.11; 128D.12; 128D.13; 128D.14; 128D.15; 128D.16; 
  5.10  and 128D.17, are repealed July 1, 1997.