Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

SF 1815

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35
3.1 3.2

A bill for an act
relating to education; clarifying the requirements for a structurally balanced
school district budget; amending Minnesota Statutes 2006, section 123B.749.

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

Section 1.

Minnesota Statutes 2006, section 123B.749, is amended to read:


123B.749 STRUCTURALLY BALANCED SCHOOL DISTRICT BUDGETS.

new text begin Subdivision 1. new text end

new text begin Board resolution. new text end

(a) deleted text beginPrior todeleted text end new text beginBefore new text endapproving a collective
bargaining agreement that does not result from an interest arbitration decision, a school
board must determine by board resolution that the proposed agreement will not cause
structural imbalance in the district's budget during the new text beginagreement new text endperiod deleted text beginof the agreementdeleted text end.

(b) A school board may deleted text beginonlydeleted text end determine that an agreement will not cause structural
imbalance new text beginonly new text endif expenditures will not exceed available funds, taking into account:

(1) current state aid formulas; and

(2) reasonable and comprehensive projections of ongoing revenues and expenditures
for the period of the agreement. deleted text beginIt is expected thatdeleted text end new text beginThe board must not use new text endonetime
revenue deleted text beginmay not be useddeleted text end for ongoing expenditures. new text beginAny amount in excess of the board's
resolution for the district's general fund balance is not onetime revenue under this section.
new text endThe school board must make available with the resolution a summary of the projections
and calculations supporting the determination. The projections and calculations must
include state aid formulas, pupil units, and employee costsdeleted text begin, includingdeleted text end new text beginthat reflect new text endthe terms
of new text beginall applicable new text endlabor agreements, including the agreement under consideration, new text beginits new text endfringe
benefits, severance pay, and staff changes.

(c) In addition to the determination deleted text beginrequired indeleted text end new text beginunder new text endparagraph (a), the school board
must project revenues, expenditures, and fund balances for deleted text beginone yeardeleted text end new text begintwo years new text endfollowing
the period of the agreement. The projections must include the new text begininformation new text endcategories
deleted text begin of information described indeleted text end new text beginunder new text endparagraph (b), be reasonable and comprehensive, and
reference current state aid formulas.

(d) new text beginThe board must make available new text endall projections and calculations required by this
section deleted text beginmust be made availabledeleted text end new text beginand estimated district employee terminations new text endto the public
deleted text begin prior to anddeleted text end new text beginbefore, new text endatnew text begin, and after new text end the meeting where the new text beginboard adopts the new text endresolution deleted text beginis
adopted in a manner
deleted text endnew text begin,new text end consistent with state law on public notice and access to public data.

(e) In an interest arbitration, the district must submit, and the exclusive bargaining
representative may submit, proposed determinations with supporting projections and
calculations consistent with paragraph (b) of the effect of the potential decision on the
structural balance of the district's budget. The arbitrator must consider the potential effect
of a decision on the structural balance of the district's budget for the term of the agreement.
The arbitrator's decision must describe the effect of the decision on the structural balance
of the district's budget in a manner consistent with paragraph (b). The arbitrator's decision
new text begin also new text endmust deleted text beginalsodeleted text end show the effect of the decision on the school budget for one year following
the term of the contract at issue. Within 30 days of deleted text beginreceipt of the decision ordeleted text end when the
board new text beginreceives or new text endacts on the decision, whichever is earlier, the deleted text beginschooldeleted text end board must by
resolution determine the effect of the decision on the structural balance of its budget for
the term of the agreement consistent with paragraph (b).

(f) new text beginThe board must submit new text enda copy of the resolution with the supporting projections
and calculations deleted text beginmust be submitteddeleted text end to the commissioner deleted text beginof educationdeleted text end with the uniform
collective bargaining agreement settlement document within 30 days of deleted text beginadoption ofdeleted text end
new text begin adopting new text endthe resolution. The commissioner must develop a model form for deleted text beginuse bydeleted text end districts
new text begin to use new text endin reporting projections and calculations. new text beginThe commissioner must not accept any
reports that do not comply with this section.
new text endThe commissioner must make all resolutions,
projections, and calculations available to the public.

(g) Compliance with this section by itself is not an unfair labor practice under
section 179A.13, subdivision 2.

new text begin Subd. 2. new text end

new text begin State aid penalty. new text end

new text begin (a) If a board does not submit a report to the
commissioner under subdivision 1, paragraph (f), the department must reduce the state aid
paid to the public employer for that fiscal year.
new text end

new text begin (b) The aid reduction must equal $25 times the number of adjusted pupil units for
the district during that fiscal year.
new text end

new text begin (c) The department must reduce general education aid; if general education aid is
insufficient or not paid, the department must reduce other state aids.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2007-2008 school year and
later.
new text end