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SF 929

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 02:31pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to education; providing for a Minnesota high school league eligibility
review process; public input and access to proposed eligibility bylaws, policies,
and procedures; requiring a report; amending Minnesota Statutes 2018, sections
128C.03; 128C.20; repealing Minnesota Statutes 2018, section 128C.02, subdivision
6.

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

Section 1.

Minnesota Statutes 2018, section 128C.03, is amended to read:


128C.03 new text begin ELIGIBILITY BYLAWS, POLICIES, AND new text end PROCEDURES.

new text begin Subdivision 1. new text end

new text begin Public input and access to proposed eligibility bylaws, policies, and
procedures. new text end

new text begin (a) new text end The league shall adopt procedures to ensure public notice of all eligibility
deleted text begin rules anddeleted text end new text begin bylaws,new text end policiesnew text begin , and proceduresnew text end that will afford the opportunity for public hearings
on proposed eligibility deleted text begin rulesdeleted text end new text begin bylaws, policies, and proceduresnew text end . If requested by deleted text begin 100deleted text end new text begin 25new text end or
more parents or guardians of students, the public hearing must be conducted by an
administrative law judge from the Office of Administrative Hearings,new text begin ornew text end by a person hired
under contract by the Office of Administrative Hearingsdeleted text begin , or by an independent hearing
officer appointed by the commissioner of education from a list maintained for that purposedeleted text end .
At the conclusion of a new text begin public new text end hearing deleted text begin requested by 100 or more parents or guardians of
studentsdeleted text end , the person conducting the hearing shall write a report evaluating the extent to
which the league has shown that the proposed deleted text begin rule isdeleted text end new text begin bylaws, policies, and procedures arenew text end
needed and reasonable and the legality of the proposed deleted text begin ruledeleted text end new text begin bylaws, policies, and proceduresnew text end .
The league shall pay for hearings under this section.

new text begin (b) The league shall:
 new text end

new text begin (1) maintain a public docket on the league's website that includes historical and proposed
changes in eligibility bylaws, policies, and procedures;
 new text end

new text begin (2) post notice and final versions of all proposed changes to eligibility policies,
procedures, and definitions to the league website for at least 30 days prior to board meetings;
 new text end

new text begin (3) include publication dates on all versions of the league's official handbook or other
advisory documents regarding league eligibility bylaws, policies, procedures, and definitions;
and
 new text end

new text begin (4) reconcile and remove duplicate eligibility policies and procedures.
 new text end

new text begin Subd. 2. new text end

new text begin Eligibility review process. new text end

new text begin (a) The league must establish a process for student
eligibility review that provides students and parents with a reasonable opportunity to present
information regarding the student's eligibility. The league must:
 new text end

new text begin (1) publish general criteria by which a request for review may qualify for a review by
the league's eligibility committee;
 new text end

new text begin (2) publish general criteria by which a review may qualify for further review by an
independent hearing officer;
 new text end

new text begin (3) indicate the conditions, timelines, and procedures for administering any review under
clause (1) or (2); and
 new text end

new text begin (4) provide specific reasons for any request the league denies.
 new text end

new text begin (b) The eligibility review process contained in this section does not create a property
right or liberty interest in extracurricular varsity athletic competition.
 new text end

Sec. 2.

Minnesota Statutes 2018, section 128C.20, is amended to read:


128C.20 new text begin LEAGUE INFORMATION REVIEW AND REPORT; new text end COMMISSIONER
deleted text begin REVIEW OF LEAGUEdeleted text end new text begin RECOMMENDATIONSnew text end .

Subdivision 1.

Annually.

new text begin (a) new text end Each yearnew text begin ,new text end the deleted text begin commissioner of educationdeleted text end new text begin leaguenew text end shall
deleted text begin obtain anddeleted text end review the following information deleted text begin about the leaguedeleted text end :

(1) an accurate and concise summary of the annual financial and compliance audit
prepared by the state auditor that includes information about the compensation of and the
expenditures by the executive director of the league and league staff;

(2) a list of all complaints filed with the league and all lawsuits filed against the league
and the disposition of those complaints and lawsuits;

(3) an explanation of the executive director's performance review;

(4) information about the extent to which the league has implemented its affirmative
action policy, its comparable worth plan, and its sexual harassment and violence policy and
rules; deleted text begin and
deleted text end

(5) an evaluation of deleted text begin any proposed changes indeleted text end league deleted text begin policydeleted text end new text begin bylaws, policies, procedures,
and definitions, including those that have been proposed, for compliance with Department
of Education programs and applicable state and federal law; and
new text end

new text begin (6) an explanation of recent and proposed changes to eligibility bylaws, policies, and
procedures, including the eligibility review process under section 128C.03, subdivision 2new text end .

new text begin The league shall post the review on the league's website and present written copies of
the review to the commissioner of education and the chairs and ranking minority members
of the legislative committees with jurisdiction over kindergarten through grade 12 education.
 new text end

new text begin (b) new text end The commissioner may examine any league activities or league-related issues when
the commissioner believes this review is warranted.

Subd. 2.

Recommend laws.

The commissioner may recommend to the legislature
whether any legislation is made necessary by league activities.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 128C.02, subdivision 6, new text end new text begin is repealed.
 new text end

APPENDIX

Repealed Minnesota Statutes: 19-1665

128C.02 DUTIES, POLICIES, CRITERIA, RULES OF BOARD.

Subd. 6.

Annual report.

The board annually shall prepare a written report containing the information about the league that the commissioner is required to obtain and review under section 128C.20. The board shall present copies of the report in a timely manner to the education committees of the legislature.