SF 142

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; providing for a pilot enhanced 
  1.3             pairing agreement of independent school district Nos. 
  1.4             648, Danube, 654, Renville, 655, Sacred Heart, and 
  1.5             631, Belview. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [PILOT ENHANCED PAIRING AGREEMENT.] 
  1.8      Subdivision 1.  [AGREEMENT.] Notwithstanding any law to the 
  1.9   contrary, any two or more of the boards of independent school 
  1.10  district Nos. 648, Danube, 654, Renville, 655, Sacred Heart, and 
  1.11  631, Belview, may enter into an enhanced pairing agreement 
  1.12  providing for the discontinuance of one or more grades, or 
  1.13  portions of those grades, and for the instruction of those 
  1.14  grades in another district that is subject to the agreement.  
  1.15  The agreement, and all subsequent amendments, if any, shall be 
  1.16  filed with the commissioner of education. 
  1.17     Subd. 2.  [SINGLE BOARD.] The districts shall provide in 
  1.18  the enhanced pairing agreement that the governance of the 
  1.19  districts will be by the combined membership of the separate 
  1.20  boards acting as a single board for purposes of quorum and 
  1.21  passing resolutions.  A quorum must include a minimum of one 
  1.22  member from each of the separate boards.  The membership of the 
  1.23  separate boards may be reduced to five members in a manner 
  1.24  consistent with Minnesota Statutes, section 123.33, subdivision 
  1.25  1.  The actions reserved for the separate boards shall be 
  2.1   ratification of amendments to the agreement, serving a notice of 
  2.2   withdrawal from the agreement, and other items reserved for the 
  2.3   separate boards as defined in the agreement. 
  2.4      Subd. 3.  [PERSONNEL.] The districts subject to the 
  2.5   enhanced pairing agreement must have one exclusive bargaining 
  2.6   representative, one master contract, and a combined seniority 
  2.7   list.  The teachers and other employees of the districts will be 
  2.8   employees of the single board established by the agreement 
  2.9   unless specifically excluded in the agreement.  If the agreement 
  2.10  dissolves or a board withdraws from the agreement, the affected 
  2.11  employees shall be provided for in a manner consistent with 
  2.12  Minnesota Statutes, section 122.895. 
  2.13     Subd. 4.  [FINANCIAL.] (a) Fiscal operations shall be 
  2.14  merged under the enhanced pairing agreement, and the single 
  2.15  board shall be the fiscal agent to meet reporting requirements.  
  2.16  The department of education shall assign a single identification 
  2.17  number to apply to the districts subject to the agreement.  
  2.18  Levies shall be made jointly except for levies under Minnesota 
  2.19  Statutes, sections 124A.03 and 124.97.  Districts subject to the 
  2.20  agreement shall be considered a single independent school 
  2.21  district for purposes of fees or dues assessments. 
  2.22     (b) Title to all the unattached property and all cash 
  2.23  reserves of any district subject to the enhanced pairing 
  2.24  agreement shall become the property of the single board unless 
  2.25  otherwise provided for in the agreement.  All legally valid and 
  2.26  enforceable claims and contract obligations pass to the single 
  2.27  board.  For purposes of litigation, the districts subject to the 
  2.28  agreement may be recognized singly or jointly.  If the agreement 
  2.29  dissolves or a board withdraws from the agreement, the 
  2.30  commissioner shall divide assets and liabilities of the single 
  2.31  board proportionately based on the weighted average daily 
  2.32  membership over the last three years. 
  2.33     Subd. 5.  [NOTICE AND HEARING.] Prior to entering into an 
  2.34  enhanced pairing agreement, the school board shall consult with 
  2.35  the community at an informational meeting.  The board shall 
  2.36  publish notice of the meeting in the official newspaper of the 
  3.1   district.