SF 2352

as introduced - 90th Legislature (2017 - 2018) Posted on 04/28/2017 08:36am

A bill for an act
relating to education; implementing recommendations from the Office of the
Legislative Auditor's April 2017 evaluation report of the Minnesota State High
School League; amending Minnesota Statutes 2016, sections 128C.02, subdivision
6; 128C.03; 128C.20, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 128C.02, subdivision 6, is amended to read:

Subd. 6.

deleted text begin Annual report deleted text end new text begin Information to commissioner new text end .

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

Sec. 2.

Minnesota Statutes 2016, 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 and deleted text end new text begin bylaws, new text end policies new text begin , and procedures new text end that will afford the opportunity for public hearings
on proposed eligibility deleted text begin rules deleted text end new text begin bylaws, policies, and procedures new text end . If requested by deleted text begin 100 deleted text end new text begin 25 new 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, by a person hired
under contract by the Office of Administrative Hearings, or by an independent hearing
officer appointed by the commissioner of education from a list maintained for that purpose.
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
students deleted 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 deleted text end new text begin bylaw, policy, or procedure new text end is needed
and reasonable and the legality of the proposed deleted text begin rule deleted text end new text begin bylaw, policy, or procedure new 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 Web site 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 Web site 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 Fair hearing process. new text end

new text begin (a) The league must establish a fair hearing process for
student eligibility appeals. The league must:
new text end

new text begin (1) publish general criteria by which an appeal may qualify for a fair hearing;
new text end

new text begin (2) for each qualifying appeal, indicate the conditions, timelines, and procedures for
administering the fair hearing; and
new text end

new text begin (3) for appeals for which the league denies a fair hearing, provide specific reasons for
denying the hearing.
new text end

new text begin (b) A fair hearing must be conducted by an independent hearing officer appointed at
random by the commissioner of education from a list maintained for that purpose.
new text end

Sec. 3.

Minnesota Statutes 2016, section 128C.20, subdivision 1, is amended to read:

Subdivision 1.

Annually.

new text begin (a) new text end Each year the commissioner of education shall obtain and
review the following information about the league:

(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; and

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

new text begin The commissioner shall present written copies of the review to the league board of directors
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.