SF 1543

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

A bill for an act
relating to education; providing for regional
education districts; amending Minnesota Statutes 2004,
sections 123A.24, subdivision 2; 275.066; proposing
coding for new law in Minnesota Statutes, chapter 123A.

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

Section 1.

new text begin [123A.10] REGIONAL EDUCATION DISTRICTS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of a regional
education district is to increase educational opportunities for
learners by increasing cooperation and coordination among school
districts, other governmental units, and postsecondary
institutions and to increase the efficiency of administrative
services for elementary and secondary education by combining
instruction, curriculum, and administrative functions for
multiple school districts, while maintaining independent school
district control of individual student attendance sites.
new text end

new text begin Subd. 2. new text end

new text begin Agreement to establish a regional education
district. new text end

new text begin Two or more school districts may enter into a written
agreement to establish a regional education district. The
agreement must address methods to increase educational
opportunities for learners and improve the efficiency of
delivering noninstructional services. Once established, cities,
counties, and other governmental units as defined in section
471.59 may become members of the regional education district.
The agreement and subsequent amendments must be adopted by
majority vote of the full membership of each board.
new text end

new text begin Subd. 3. new text end

new text begin Notice and public hearing on proposed
agreement. new text end

new text begin Before entering into an agreement, the board of each
member district must publish a summary of the proposed agreement
and its effect upon the district at least once in a newspaper of
general circulation in the district. The board must conduct a
public hearing on the proposed agreement not more than ten days
after the notice and at least 30 days before entering into an
agreement.
new text end

new text begin Subd. 4. new text end

new text begin Meeting with teacher representatives. new text end

new text begin Before
entering into an agreement, the board of each member district
must meet and confer with the exclusive representatives of the
teachers of each district proposing to enter the regional
education district.
new text end

Sec. 2.

new text begin [123A.11] REGIONAL EDUCATION DISTRICT BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin School district representation. new text end

new text begin The
regional education district board shall be composed of the
superintendent of each member district and at least one
additional representative appointed by the school board of each
member district. Each representative must be a member of the
appointing school board. Each representative shall serve at the
pleasure of the appointing board and may be recalled by a
majority vote of the appointing board. Each representative
shall serve for the term that is specified in the agreement.
The board shall select its officers from among its members and
shall determine the terms of the officers. The board shall
adopt bylaws for the conduct of its business. The board may
conduct public meetings via interactive television if the board
complies with chapter 13D in each location where board members
are present.
new text end

new text begin Subd. 2. new text end

new text begin Postsecondary representation. new text end

new text begin The regional
education district board may appoint, with the approval of the
member postsecondary institution, a representative from one or
more member postsecondary institutions as a member of the
regional education district board. Each postsecondary
representative shall serve at the pleasure of the regional
education district board and may be recalled by a majority vote
of the regional education district board. The education
district agreement may specify issues on which a postsecondary
representative may vote.
new text end

new text begin Subd. 3. new text end

new text begin Personnel. new text end

new text begin The board may employ personnel as
necessary to provide instruction, curriculum, and
noninstructional services for the regional education district.
Regional education district staff shall participate in
retirement programs. Notwithstanding section 123B.143,
subdivision 1, a member district of a regional education
district may contract with the regional education district to
obtain the services of a superintendent. The person to provide
the services need not be employed by the regional education
district or a member district at the time the contract is
entered into.
new text end

new text begin Subd. 4. new text end

new text begin Contracts. new text end

new text begin The board may enter into contracts
with districts and other public and private agencies to provide
services needed in the regional education district.
new text end

new text begin Subd. 5. new text end

new text begin General law. new text end

new text begin The board shall be governed,
unless specifically provided otherwise, by section 471.59.
new text end

new text begin Subd. 6. new text end

new text begin Annual report. new text end

new text begin The board shall submit an annual
report to the member districts and the commissioner regarding
the activities of the regional education district.
new text end

Sec. 3.

new text begin [123A.12] REGIONAL EDUCATION DISTRICT AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Implementation; review. new text end

new text begin A regional
education district board shall implement the agreement for
provision of services to the member school districts adopted by
the member districts according to section 123A.10, subdivision
2. The education administrative district board shall review the
agreement annually and propose necessary amendments to the
member districts.
new text end

new text begin Subd. 2. new text end

new text begin Education and administrative services. new text end

new text begin The
agreement must specify which instruction, curriculum, and
administrative services are to be provided by the regional
education district. These services may include, but are not
limited to, the educational services and programs defined in
section 123A.21, subdivisions 7 and 8.
new text end

new text begin Subd. 3. new text end

new text begin Finances. new text end

new text begin The initial agreement must:
new text end

new text begin (1) include a three-year budget projection comparing
existing noninstructional services and their costs with the
proposed services and their costs for each year;
new text end

new text begin (2) specify any startup costs for the regional education
district;
new text end

new text begin (3) specify the estimated amount the board will levy for
startup costs or other operational expenses; and
new text end

new text begin (4) specify an equitable distribution formula for the
regional education district board to assess and certify to each
member school district its proportionate share of expenses.
Each member district must remit its assessment to the regional
education district board within 30 days after receipt.
new text end

new text begin Subd. 4. new text end

new text begin Special taxing district. new text end

new text begin A regional education
district is a special taxing district and may levy for the joint
provision of services under the agreement.
new text end

new text begin Subd. 5. new text end

new text begin Reports to department of education. new text end

new text begin Member
districts may submit joint reports and jointly provide
information required by the department. The joint reports must
allow information, including expenditures for the regional
education district, to be attributed to each member district.
new text end

new text begin Subd. 6. new text end

new text begin Addition and withdrawal of districts. new text end

new text begin (a) Upon
approval by majority vote of a district school board and of the
regional education district board, a district may become a
member of the regional education district and be governed by the
provisions of this section and the agreement in effect.
new text end

new text begin (b) A district may withdraw from the regional education
district and from the agreement in effect by a majority vote of
the full board membership of the member district desiring
withdrawal and upon compliance with provisions in the agreement
establishing the regional education district. The withdrawal
shall become effective at the end of the next following fiscal
year.
new text end

new text begin Subd. 7. new text end

new text begin Dissolution. new text end

new text begin The boards of each member district
may agree to dissolve the regional education district effective
at the end of any fiscal year or at an earlier time as they may
mutually agree. A dissolution must be accomplished in
accordance with any applicable provisions of the agreement
establishing the regional education district. The dissolution
must not affect the continuing liability of the previous member
districts for continuing obligations, including unemployment
benefits.
new text end

Sec. 4.

new text begin [123A.13] TEACHING POSITIONS.
new text end

new text begin The provisions of section 123A.19 regarding teaching
positions apply to a regional education district.
new text end

Sec. 5.

Minnesota Statutes 2004, section 123A.24,
subdivision 2, is amended to read:

Subd. 2.

Cooperative unit defined.

For the purposes of
this section, a cooperative unit is:

(1) an education district organized under sections 123A.15
to 123A.19;

(2) a cooperative vocational center organized under section
123A.22;

(3) an intermediate district organized under chapter 136D;

(4) new text begin a regional education district organized under sections
123A.10 to 123A.12;
new text end

new text begin (5) new text end a service cooperative organized under section 123A.21;
or

deleted text begin (5) deleted text end new text begin (6) new text end a regional management information center organized
under section 123A.23 or as a joint powers district according to
section 471.59.

Sec. 5.

Minnesota Statutes 2004, section 275.066, is
amended to read:

275.066 SPECIAL TAXING DISTRICTS; DEFINITION.

For the purposes of property taxation and property tax
state aids, the term "special taxing districts" includes the
following entities:

(1) watershed districts under chapter 103D;

(2) sanitary districts under sections 115.18 to 115.37;

(3) regional sanitary sewer districts under sections 115.61
to 115.67;

(4) regional public library districts under section
134.201;

(5) park districts under chapter 398;

(6) regional railroad authorities under chapter 398A;

(7) hospital districts under sections 447.31 to 447.38;

(8) St. Cloud Metropolitan Transit Commission under
sections 458A.01 to 458A.15;

(9) Duluth Transit Authority under sections 458A.21 to
458A.37;

(10) regional development commissions under sections
462.381 to 462.398;

(11) housing and redevelopment authorities under sections
469.001 to 469.047;

(12) port authorities under sections 469.048 to 469.068;

(13) economic development authorities under sections
469.090 to 469.1081;

(14) Metropolitan Council under sections 473.123 to
473.549;

(15) Metropolitan Airports Commission under sections
473.601 to 473.680;

(16) Metropolitan Mosquito Control Commission under
sections 473.701 to 473.716;

(17) Morrison County Rural Development Financing Authority
under Laws 1982, chapter 437, section 1;

(18) Croft Historical Park District under Laws 1984,
chapter 502, article 13, section 6;

(19) East Lake County Medical Clinic District under Laws
1989, chapter 211, sections 1 to 6;

(20) Floodwood Area Ambulance District under Laws 1993,
chapter 375, article 5, section 39;

(21) Middle Mississippi River Watershed Management
Organization under sections 103B.211 and 103B.241;

(22) emergency medical services special taxing districts
under section 144F.01;

(23) a county levying under the authority of section
103B.241, 103B.245, or 103B.251;

(24) new text begin a regional education district organized under sections
123A.10 to 123A.12;
new text end

new text begin (25) new text end Southern St. Louis County Special Taxing District;
Chris Jensen Nursing Home under Laws 2003, First Special Session
chapter 21, article 4, section 12; and

deleted text begin (25) deleted text end new text begin (26) new text end any other political subdivision of the state of
Minnesota, excluding counties, school districts, cities, and
towns, that has the power to adopt and certify a property tax
levy to the county auditor, as determined by the commissioner of
revenue.