HF 3237

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 2006 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 ....... new text end

new text begin 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
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 counties. 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, 2008.
new text end

new text begin Subd. 2. new text end

new text begin Hennepin and Wright counties. 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, 2008.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner's records. new text end

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, 2006.
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 2007 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 2008, 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,
2008, 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, 2008.
Notwithstanding any law to the contrary, the board may enter into one-year contracts with
its employees for the 2007-2008 school year.
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 2008. 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, 2008.
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, 2008. 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, 2008.
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 2006-2007 school year. Any licensed employee who was not assigned to a building
during the 2006-2007 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, 2008. Employees who have not received a letter of intent to hire from either of the
boards of the newly created districts by April 15, 2008, may place their names on a roster
maintained by the commissioner of education. On June 15, 2008, 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, 2008.
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 2006-2007 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