HF 1910

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; authorizing an election to form
two separate school districts from the area currently
within Independent School District No. 728, Elk River.

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

Section 1. new text begin VOTER APPROVAL REQUIRED TO SPLIT THE ELK RIVER
SCHOOL DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Election required. new text end

new text begin An election must be
held on the first Tuesday after the first Monday in November
2005 proposing the division of Independent School District No.
728, Elk River, into two component school districts, with the
first component district consisting of the district's territory
currently within the boundaries of Sherburne, Anoka, and Isanti
Counties and the other component district consisting of the
district's territory currently within the boundaries of Hennepin
and Wright Counties.
new text end

new text begin Subd. 2. new text end

new text begin Notification. new text end

new text begin The board of Independent School
District No. 728, Elk River, must prepare and deliver by first
class mail at least 15 days but no more than 30 days before the
day of the referendum to approve the split of the Elk River
school district to each taxpayer a notice of the proposed new
district boundaries. The board need not mail more than one
notice to any taxpayer. For the purpose of giving mailed notice
under this subdivision, owners must be those shown to be owners
on the records of the county auditor or, in any county where tax
statements are mailed by the county treasurer, on the records of
the county treasurer. Every property owner whose name does not
appear on the records of the county auditor or the county
treasurer is deemed to have waived this mailed notice unless the
owner has requested in writing that the county auditor or county
treasurer, as the case may be, include the name on the records
for this purpose.
new text end

new text begin Subd. 3. new text end

new text begin Election question. new text end

new text begin The school board of
Independent School District No. 728, Elk River, must submit to
the voters of the district a question proposing to split the
school district into two component districts. The ballot may
contain a textual portion with information describing the
proposed split of the district and a question stating
substantially the following:
new text end

new text begin "Shall Independent School District No. 728, Elk River, be
split into two school districts with the territory in Hennepin
and Wright Counties comprising one district and the territory in
Sherburne, Anoka, and Isanti Counties comprising another
district?
new text end

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

new text begin If a majority of all votes cast on the question at the
election approve the split of the school district, the district
shall be split according to the provisions of sections 2 to 9.
new text end

new text begin Subd. 4. new text end

new text begin Certification. new text end

new text begin The school board must certify
the results of the election under this section to the Department
of Education and the county auditors of Hennepin, Wright,
Sherburne, Anoka, and Isanti Counties.
new text end

Sec. 2. new text begin DISTRICT BOUNDARIES; ASSIGNMENT OF AREA.
new text end

new text begin Subdivision 1. new text end

new text begin Sherburne, anoka, and isanti county. new text end

new text begin Upon
successful passage of the referendum in section 1, the
commissioner of education shall issue an order detaching and
classifying all of the area of the current Independent School
District No. 728, Elk River, that is located in Sherburne,
Anoka, or Isanti County as a new independent school district and
assign the district an identification number as of July 1, 2007.
new text end

new text begin Subd. 2. new text end

new text begin Hennepin and wright county. new text end

new text begin Upon successful
passage of the referendum in section 1, the commissioner of
education shall issue an order detaching and classifying all of
the area of the current Independent School District No. 728, Elk
River, that is located in Hennepin or Wright County as a new
independent school district and assign the district an
identification number as of July 1, 2007.
new text end

new text begin Subd. 3. new text end [COMMISSIONER'S RECORDS.] new text begin Upon successful
completion of the referendum authorized in section 1, the
commissioner of education shall modify the records and any
plats, petitions, and proceedings involving the former school
district and the newly created school districts to conform to
the conditions of this act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 3. new text begin GOVERNANCE.
new text end

new text begin Subdivision 1. new text end

new text begin School board size. new text end

new text begin Each of the new school
districts created by section 1 initially shall be governed by a
board of directors consisting of seven members.
new text end

new text begin Subd. 2. new text end

new text begin School board elections and terms. new text end

new text begin The board of
directors for each new school district described in section 2
shall be elected according to Minnesota Statutes, chapter 205A,
at an election held for that purpose at the November 2006
general election. Four of the initial board members must be
elected for a term of four years and three of the initial
members shall be elected to a term of two years.
new text end

new text begin Subd. 3. new text end

new text begin Start of term. new text end

new text begin The terms of the newly elected
board members must begin on the first Monday in January 2007,
and continue until a successor qualifies.
new text end

new text begin Subd. 4. new text end

new text begin Subsequent terms. new text end

new text begin After the initial election
required under subdivision 2, the terms of all members shall be
governed under Minnesota Statutes, section 123B.09.
new text end

new text begin Subd. 5. new text end

new text begin Serving on two boards. new text end

new text begin Notwithstanding any law
to the contrary, an individual may serve on both the school
board of Independent School District No. 728, Elk River, and on
the board of one of the newly created school districts.
new text end

new text begin Subd. 6. new text end

new text begin End of terms. new text end

new text begin Notwithstanding any law to the
contrary, the terms of the board members of Independent School
District No. 728, Elk River, extend until July 1, 2007, at which
point the terms end and the board is dissolved.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon successful
passage of the referendum authorized in section 1.
new text end

Sec. 4. new text begin TRANSITION ACTIVITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Existing board. new text end

new text begin The care, management, and
control of Independent School District No. 728, Elk River,
remains with its board until July 1, 2007.
new text end

new text begin Subd. 2. new text end

new text begin New board activities. new text end

new text begin The newly elected boards
under section 3 may begin meeting after the first Monday in
January 2007. The boards may plan for operation of their
districts and issue letters of intent to hire employees. Upon
specific written authority of the board of Independent School
District No. 728, Elk River, each board may separately join with
the board of Independent School District No. 728, Elk River, and
jointly enter into contracts for the operation of the newly
formed school district prior to July 1, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon successful
passage of the referendum authorized in section 1.
new text end

Sec. 5. new text begin DISTRIBUTION OF ASSETS AND LIABILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Order of commissioner. new text end

new text begin Under the
detachments authorized in section 2, the commissioner of
education shall issue an order for the distribution of all
assets and liabilities, real and personal, and the legally valid
and enforceable claims and contract obligations of the former
Independent School District No. 728, Elk River, that are
necessary for the new school districts to operate.
new text end

new text begin Subd. 2. new text end

new text begin Real property. new text end

new text begin The commissioner shall determine
the value of all real property. The commissioner's order must
transfer the interests in all real property to the newly created
school districts. The real property must be assigned based upon
the borders of the newly created school districts. If the
commissioner determines that the value of the real property
substantially favors one district or the other, the commissioner
may include a dollar amount as a claim against the district
receiving the property, and the claim shall be paid and enforced
in the manner provided by law for the payment of judgments
against a district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon successful
passage of the referendum authorized in section 1.
new text end

Sec. 6. new text begin TAX LIABILITY FOR EXISTING BONDED DEBT.
new text end

new text begin All taxable property in the areas so detached remains
taxable for payment of any school purpose obligations already
authorized by or outstanding on July 1, 2007. The
commissioner's order does not relieve the taxable property from
the obligation of any bonded debt already incurred to which it
was subject prior to the order. All taxable property in the
areas included in the newly created districts is taxable for
payment of any district obligations of its new district
authorized on or subsequent to July 1, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon successful
passage of the referendum authorized in section 1.
new text end

Sec. 7. new text begin EMPLOYEES.
new text end

new text begin Subdivision 1. new text end

new text begin Licensed employees. new text end

new text begin The obligations of
the newly created school districts created in section 2 to
licensed employees are governed by Minnesota Statutes, section
123A.75, except that the commissioner of education shall assign
each teacher employed by Independent School District No. 728,
Elk River, to the newly created districts based upon the
location of the building where the teacher was employed during
the 2005-2006 school year. Any licensed employee who was not
assigned to a building during the 2005-2006 school year must be
assigned according to Minnesota Statutes, section 123A.75.
new text end

new text begin Subd. 2. new text end

new text begin Nonlicensed employees. new text end

new text begin All other employees not
included in subdivision 1 may apply for employment to either of
the newly created school boards by February 15, 2007. Employees
who have not received a letter of intent to hire from either of
the boards of the newly created districts by April 15, 2007, may
place their names on a roster maintained by the commissioner of
education. On June 15, 2007, the commissioner shall assign all
of the employees on the roster to unfilled positions in the
newly created school districts in order of seniority. All of
the rights and obligations of the nonlicensed employees must
continue in the same manner as before July 1, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon the
successful passage of the referendum authorized in section 1.
new text end

Sec. 8. new text begin ENROLLMENT OPTIONS.
new text end

new text begin Regardless of the new districts' borders, a student who is
enrolled in Independent School District No. 728, Elk River,
during the 2005-2006 school year may continue to attend the
school in which that student was enrolled until the student
completes the last grade offered by that school. Funding for a
student under this section is governed by Minnesota Statutes,
section 124D.03.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon the
successful passage of the referendum authorized in section 1.
new text end

Sec. 9. new text begin SCHOOL FINANCES; OPERATING REFERENDUM.
new text end

new text begin The operating referendum amounts of Independent School
District No. 728, Elk River, continue in the amount and for the
timelines approved by the voters in each of the newly formed
component school districts.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon the
successful passage of the referendum authorized in section 1.
new text end