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SF 2470

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/19/2014 10:11am

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A bill for an act
relating to education; authorizing an innovative partnership to deliver certain
technology and educational services; proposing coding for new law in Minnesota
Statutes, chapter 123A.

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

Section 1.

[123A.215] INNOVATIVE TECHNOLOGY COOPERATIVE.

Subdivision 1.

Establishment and organization.

(a) Two or more independent
school districts may enter into an agreement to establish an innovative cooperative center
to provide for technology and other educational services upon the vote of a majority of the
full membership of each of the boards of the districts entering into the agreement. The
agreement may also provide for membership by a Minnesota state college or university
under section 136F.01. When a resolution approving this action has been adopted by
the board of a district, the resolution shall be published once in a newspaper of general
circulation in the district.

(b) The agreement may provide for the center to be organized into up to four regions.
A region may consist of only school districts, only higher education institutions, or a
combination of both.

Subd. 2.

Name.

A public corporation so created shall be known as the Education
Innovation Partners Cooperative Center No. 1 and shall have an identification number
assigned according to section 123A.56.

Subd. 3.

Governing board.

(a) The center must be operated by a center board
consisting of 12 members. Membership on the center board must be established according
to the bylaws and approved by every member of the cooperative.

(b) The terms of office of the first members of the center board must be determined
by lot as follows: one-third of the members for one year, one-third of the members for two
years, and the remainder of the members for three years, all terms to expire on June 30 of
the appropriate year. Thereafter the terms shall be for three years commencing on July 1
of each year. If a vacancy occurs on the center board, it must be filled by the district, by
the members of the appropriate region, or by the higher education members, within 90
days. A person appointed to the center board shall qualify as a center board member by
filing with the chair a written certificate of appointment from the appointing school board.

(c) The first meeting of a center board must be at a time mutually agreed upon by
center board members. At this meeting, the center board must choose its officers and
conduct any other necessary organizational business. Thereafter, the center board must
meet on July 1 of each year or as soon thereafter as practicable pursuant to notice sent to
all center board members by the chief executive officer of the center.

(d) The officers of the center board shall be a chair, vice-chair, clerk, and treasurer,
no two of whom when possible shall be from the same school district. The chair shall
preside at all meetings of the center board, except that in the chair's absence the vice-chair
shall preside. The clerk shall keep a complete record of the minutes of each meeting
and the treasurer shall be the custodian of the funds of the center. Insofar as applicable,
sections 123B.09, 123B.14, 123B.143, and 123B.147, shall apply to the board and officers
of the center.

(e) A majority of the center board shall be a quorum. Any motion other than
adjournment shall pass only upon receiving a majority of the votes of the entire center
board.

Subd. 4.

Center powers and duties.

(a) The center board shall have the general
charge of the business of the center. Where applicable, sections 123B.51 and 123B.52,
subdivision 4, shall apply. The center board may not issue bonds on its behalf.

(b) The center board may furnish technology offerings to any eligible person residing
in any participating district and may provide any other educational programs or services
agreed upon by the participating members. Academic offerings shall be provided only
under the direction of properly licensed academic supervisory personnel.

(c) The center board must employ an executive director, contract with necessary
qualified teachers and administrators, and may discharge the same for cause pursuant to
section 122A.40. The authority for selection and employment of a director shall be vested
in the center board. Notwithstanding the provisions of section 122A.40, subdivision 10 or
11, no individual shall have a right to employment as a director based on seniority or order
of employment by the center. The center board may employ and discharge other necessary
employees and may contract for other services deemed necessary.

(d) The center board may prescribe rates of tuition for services provided to
nonmember students.

Subd. 5.

Finances.

(a) The center board established under this section is a public
corporation and agency and may receive and disburse federal, state, and local funds made
available to it. A participating school district or member must not have any additional
individual liability for the debts or obligations of the center except that assessment
which has been certified as its proportionate share in accordance with paragraph (b) and
subdivision 4. A member of the center board shall have the liability that is applicable to a
member of an independent school district board. Any property, real or personal, acquired
or owned by the center board for its purposes shall be exempt from taxation by the state or
any of its political subdivisions.

(b) The center board may, in each year, for the purpose of paying any administrative,
planning, operating, or capital expenses incurred or to be incurred, assess and certify
to each participating school district its proportionate share of any and all expenses.
This share must be based upon an equitable distribution formula agreed upon by the
participating districts. Each participating district shall remit its assessment to the center
board within 30 days after receipt.

Subd. 6.

Laws governing independent school districts apply.

As of the effective
date of the creation of any center as contained in the agreement establishing the center,
the organization, operation, maintenance, and conduct of the affairs of the center shall be
governed by the general laws relating to independent school districts of the state unless
provided otherwise in statute. The center does not have the authority to issue bonds or
impose a property tax levy.

Subd. 7.

Addition and withdrawal of districts.

Upon approval by majority vote of
a school board and of the center board, an adjoining district may become a member in
the center and be governed by the provisions of this section and the agreement in effect.
Any participating district may withdraw from the center and from the agreement in effect
by a majority vote of the full board membership of the participating district desiring
withdrawal and upon compliance with provisions in the agreement establishing the center.
Upon receipt of the withdrawal resolution reciting the necessary facts, the center board
must file a certified copy with the county auditors of the counties affected. The withdrawal
shall become effective at the end of the next following school year, but the withdrawal
shall not affect the continued liability of the withdrawing district for liabilities incurred
prior to the effective withdrawal date.

Subd. 8.

Dissolution.

The boards of each participating district may agree to dissolve
the center effective at the end of any school 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 center. Upon receipt of the dissolution resolutions from
the boards of the participating districts, the center board shall file a certified copy with the
county auditors of the counties affected. The dissolution must not affect the continuing
liability of the previously participating districts for any continuing obligations, including
unemployment benefits.

EFFECTIVE DATE.

This section is effective July 1, 2014.

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