SF 619

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:07am

A bill for an act
relating to education; authorizing a school district to create a reserve for essential
uses account in the district general fund; amending Minnesota Statutes 2010,
sections 179A.07, by adding a subdivision; 179A.18, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 123B.

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

Section 1.

new text begin [123B.7495] ESSENTIAL USES RESERVE ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Reserve established. new text end

new text begin (a) A school district may establish a reserve
for essential uses account in the general fund. If a district creates this reserve account,
the district must specify the purposes for which money transferred into the account
will be used. Funds transferred into the account shall not be used for any purposes not
specified by the district. The district may specify more than one purpose for the funds in
the account. A district may only change or adjust the purposes of the account at the first
school board meeting after July 1 of an odd-numbered year.
new text end

new text begin (b) A school district that creates an account under paragraph (a) may make a
permanent fund transfer from the general fund to the reserve for essential uses account by
July 1 of an odd-numbered year. The amount transferred to the account must be made
as either a specific dollar amount or as a percentage of the district's general fund. The
amount transferred may assume revenues that the district reasonably anticipates receiving
in the next two fiscal years. The district may make more than one fund transfer to the
account. Funds in the account may only be expended by the district for the purposes
specified by the district.
new text end

new text begin Subd. 2. new text end

new text begin Other reserve accounts. new text end

new text begin (a) A school district that reserves funds in the
reserve for essential uses account under subdivision 1 for staff development is not required
to reserve funds for staff development under section 122A.61.
new text end

new text begin (b) A school district that reserves funds in the reserve for essential uses account
under subdivision 1 for class size reduction is not required to reserve funds for learning
and development under section 126C.12, subdivision 1.
new text end

new text begin (c) A school district that reserves funds in the reserve for essential uses account
under subdivision 1 for gifted and talented programs is not required to reserve its gifted
and talented revenue under section 126C.10, subdivision 2b.
new text end

Sec. 2.

Minnesota Statutes 2010, section 179A.07, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin School districts. new text end

new text begin A school district must not enter into a collective
bargaining agreement that requires the use of funds in or scheduled to be transferred into
its reserve for essential uses account under section 123B.7495.
new text end

Sec. 3.

Minnesota Statutes 2010, section 179A.18, subdivision 2, is amended to read:

Subd. 2.

School district requirements.

Except as otherwise provided by section
179A.17, subdivision 1, teachers employed by a local school district, other than principals
and assistant principals, may strike only under the following circumstances:

(1)(i) the collective bargaining agreement between their exclusive representative and
their employer has expired or, if there is no agreement, impasse under section 179A.17,
subdivision 1, has occurred; deleted text begin and
deleted text end

new text begin (ii) the exclusive representative and the employer are negotiating issues other than
those that involve funds in or scheduled to be transferred into the reserve for essential uses
account under section 123B.7495;
new text end

deleted text begin (ii) deleted text end new text begin (iii) new text end the exclusive representative and the employer have participated in mediation
over a period of at least 30 days. For the purposes of this subclause the mediation period
commences on the day that a mediator designated by the commissioner first attends a
conference with the parties to negotiate the issues not agreed upon; and

deleted text begin (iii) deleted text end new text begin (iv) new text end neither party has requested interest arbitration or a request for binding
interest arbitration has been rejected; or

(2) the employer violates section 179A.13, subdivision 2, clause (9).