SF 718

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:15am

A bill for an act
relating to education; authorizing charter schools to lease or purchase district
buildings; authorizing use of state money to purchase land and buildings;
amending Minnesota Statutes 2008, sections 123B.51, subdivision 5; 124D.10,
subdivision 17; 124D.11, subdivision 7.

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

Section 1.

Minnesota Statutes 2008, section 123B.51, subdivision 5, is amended to read:

Subd. 5.

Schoolhouse closing.

new text begin (a) new text end The board may close a schoolhouse only after a
public hearing on the question of the necessity and practicability of the proposed closing.
Published notice of the hearing shall be given for two weeks in the official newspaper
of the district. The time and place of the meeting, the description and location of the
schoolhouse, and a statement of the reasons for the closing must be specified in the notice.
Parties requesting to give testimony for and against the proposal shall be heard by the
board before it makes a final decision to close or not to close the schoolhouse.

new text begin (b) Notwithstanding any law to the contrary, a school board, intermediate school
district school board, or education district organized under sections 123A.15 to 123A.19,
must first offer school district buildings that are for sale to charter schools to purchase
before offering the buildings to other entities for purchase. The school board, intermediate
school district school board, and education district may refuse a charter school's offer if it
is not a competitive offer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to the sale
of buildings beginning on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 124D.10, subdivision 17, is amended to read:

Subd. 17.

Leased space.

A charter school may lease space from a board eligible
to be a sponsor or other public or private nonprofit nonsectarian organization. new text begin A
school board, intermediate school district school board, or education district organized
under sections 123A.15 to 123A.19, must first offer school district buildings that are
unoccupied to charter schools to lease before offering the space to other entities for lease.
Notwithstanding any law to the contrary, the school board, intermediate school district
school board, and education district may refuse a charter school's offer if it is not a
competitive offer in the leasing market. new text end If a charter school is unable to lease appropriate
space from an eligible board or other public or private nonprofit nonsectarian organization,
the school may lease space from another nonsectarian organization if the Department of
Education, in consultation with the Department of Administration, approves the lease.
If the school is unable to lease appropriate space from public or private nonsectarian
organizations, the school may lease space from a sectarian organization if the leased space
is constructed as a school facility and the Department of Education, in consultation with
the Department of Administration, approves the lease.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to leases
offered on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 124D.11, subdivision 7, is amended to read:

Subd. 7.

Use of deleted text begin state deleted text end money.

Money received from the state may deleted text begin not deleted text end be used to
purchase land or buildings. The school may own land and buildings deleted text begin if deleted text end obtained through
nonstate sources.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end