SF 1620

as introduced - 88th Legislature (2013 - 2014) Posted on 04/20/2013 09:24am

A bill for an act
relating to education finance; prohibiting unfunded mandates; proposing coding
for new law in Minnesota Statutes, chapter 126C.

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

Section 1.

new text begin [126C.24] UNFUNDED MANDATES PROHIBITED.
new text end

new text begin (a) No school district, charter school, or private school is obligated to comply with
the following types of mandates unless a separate appropriation has been enacted into law
providing full funding for the mandate for the school year during which the mandate is
required:
new text end

new text begin (1) any mandate enacted into law by the Minnesota legislature after the effective
date of this section except as provided in paragraph (d); and
new text end

new text begin (2) any regulatory mandate promulgated by the commissioner of education or the
Board of Teaching and adopted by rule after the effective date of this section other than
those promulgated with respect to this section or laws already enacted on or before the
effective date of this section.
new text end

new text begin (b) If the amount appropriated to fund a mandate described in paragraph (a) does
not fully fund the mandated activity, then the school district, charter school, or private
school may choose to discontinue or modify the mandated activity to ensure that the costs
of compliance do not exceed the funding received under the procedure in paragraph (c). If
a school district, charter school, or private school discontinues or modifies a mandated
activity due to lack of full funding from the state, then the school district, charter school,
or private school shall annually maintain and update a list of discontinued or modified
mandated activities. The list shall be provided to the commissioner of education upon
request.
new text end

new text begin (c) Before discontinuing or modifying the mandate, the school district or charter
school shall petition the commissioner on or before February 15 of each year to request to
be exempt from implementing the mandate in a school or schools in the next school year.
The petition shall include all legitimate costs associated with implementing and operating
the mandate, the estimated reimbursement from state and federal sources, and any unique
circumstances the school district or charter school can verify that exist that would
cause the implementation and operation of such a mandate to be cost prohibitive. The
commissioner shall review the petition. In accordance with the open meetings law under
chapter 13D, the commissioner shall convene a public hearing to hear testimony from the
school district or charter school and interested community members. The commissioner
shall, on or before March 15 of each year, inform the school district or charter school of
the commissioner's decision, along with the reasons why the exemption was granted or
denied, in writing. If the commissioner grants an exemption to the school district or
charter school, then the school district or charter school is relieved from the requirement
to establish and implement the mandate in the school or schools granted an exemption for
the next school year. If the commissioner does not grant an exemption, then the school
district or charter school shall implement the mandate in accordance with the applicable
law or rule by the first student attendance day of the next school year.
new text end

new text begin (d) This section does not apply to:
new text end

new text begin (1) any new statutory or regulatory mandates related to revised learning standards
under sections 120B.02 to 120B.024;
new text end

new text begin (2) new statutory or regulatory mandates required under federal law including
mandates implementing the waiver from the Elementary and Secondary Education Act; or
new text end

new text begin (3) new statutory or regulatory mandates implementing judicially created mandates
as certified by the attorney general.
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