Key: (1) language to be deleted (2) new language
Laws of Minnesota 1989
CHAPTER 220-H.F.No. 146
An act relating to the education code; revising the
text of certain chapters of the code without changing
their meaning; amending Minnesota Statutes 1988,
chapters 128; 128A; 128B; and 129; repealing Minnesota
Statutes 1988, sections 128.04; 128.06; 128.069;
128A.04; 129.02; and 129.05 to 129.10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1988, chapter 128, is
amended to read:
COOK COUNTY SCHOOL DISTRICTS DISTRICT
[128.009] [CHAPTER APPLIES ONLY TO DISTRICT 166.]
Subdivision 1. [INDEPENDENT DISTRICT.] This chapter
applies only to the school district in Cook county. It is an
independent school district subject to the laws that govern
independent school districts. Its official name is independent
school district No. 166, Cook county.
Subd. 2. [THIS CHAPTER PREVAILS.] This chapter prevails if
this chapter is inconsistent with a law that governs independent
school districts.
128.01 [COUNTY SCHOOL BOARD; ELECTIONS; TERMS MEMBERS:
NUMBER, TERM, STAGGERING.]
Subdivision 1. [5 MEMBERS.] The school board of any such
county district shall consist of board of independent school
district No. 166 has five members, to be elected at the same
time and in the same manner as board members in a ten or more
townships district, but for.
Subd. 2. [4-YEAR TERM FROM JANUARY.] A The term of a
school board member is four years. The board of county
commissioners shall appoint the members of such board within 60
days following the election at which time the question of
consolidation was submitted, the length of each term for which
they are to be appointed being such as to cause the A term of
three members of the board to expire begins on the Sunday
preceding the first Monday in January following the next general
after the election and the term for.
Subd. 3. [STAGGERED ELECTIONS.] Three school board members
are elected at one state general election and two members to
expire two years from the Sunday preceding the first Monday in
January following are elected at the next state general
election. The provisions of Laws 1949, chapter 268, shall not
affect the terms of the school boards of county districts now
organized. The school board of the county district shall meet
within ten days after the appointment by the county board, and
thereafter as may be necessary, and organize in the same manner
as independent districts and do whatever business is necessary
for the best interest of the county district for the ensuing
school year and thereafter shall organize at the same time as
boards of county commissioners.
128.02 [COUNTY COMMISSIONER DISTRICT IS ELECTION DISTRICT.]
In independent school district No. 166, each county
commissioner district, as it may from time to time exist, shall
constitute is an election district from which shall be elected
one member of the board. One school board member is elected
from each election district.
128.03 [MEETINGS AND ORGANIZATION OF BOARD ANNUAL MEETING
MUST BE IN JANUARY.]
The school boards in such districts shall meet and organize
annually board of independent school district No. 166 must hold
its annual meeting on, or as soon as practicable within ten days
after, the first Tuesday after the first Monday in January, or
as soon thereafter as practicable, but not later than ten days
after such date. It shall organize in the same manner as the
board of an independent school district.
Sec. 2. Minnesota Statutes 1988, chapter 128A, is amended
to read:
STATE ACADEMIES FOR THE DEAF AND BLIND
128A.01 [LOCATION AND STATUS.]
Subdivision 1. [STATE SCHOOLS AT FARIBAULT.] The Minnesota
state academy for the deaf and the Minnesota state academy for
the blind shall be located at are residential schools in
Faribault as residential schools and as a resource center for
school districts, and shall be grouped and classed with the.
They are public schools under sections 125.03 and 125.04 and
state educational institutions of the state.
Subd. 2. [RESOURCE CENTER.] The state academies are a
resource center for school districts.
128A.02 [DUTIES OF STATE BOARD DUTIES AND POWERS OF
EDUCATION.]
Subdivision 1. [TO MANAGE.] The state board of education
is responsible for the control, management and administration of
must manage the Minnesota state academy for the deaf and
the Minnesota state academy for the blind. At the request of
the state board, the department of education shall be
responsible for program leadership, program monitoring, and
technical assistance at the academies. The department shall
assist the state board in the preparation of reports.
Subd. 1a. By July 1, 1986, the academies shall comply with
the uniform financial accounting and reporting system under
sections 121.90 to 121.917, subject to variances developed by
the advisory council and adopted by the state board.
Subd. 2. [RULES.] The state board shall promulgate must
adopt rules regarding about the operation of both the
academies and about the individuals in attendance and shall
perform all duties attending the academies.
Subd. 3. [MOST BENEFICIAL, LEAST RESTRICTIVE.] The state
board must do what is necessary to provide the most beneficial
and least restrictive program of education for each child pupil
at the academies who is handicapped by visual disability or
hearing impairment. The academies shall provide various levels
of service, as defined in the rules of the state board of
education, for the pupils. Developmental needs of the pupils
shall be addressed by the academies. The academies shall
provide opportunities for the pupils to be educated with
nonhandicapped pupils, according to assessments and individual
education plans.
Subd. 2a. 4. [PLAN.] (a) The state board shall
develop must have a two-year plan for the academies and must
update it annually.
(b) The plan shall include at least the following must deal
with:
(1) interagency cooperation;
(2) financial accounting;
(3) cost efficiencies;
(4) staff development;
(5) program and curriculum development;
(6) use of technical assistance from the department;
(7) criteria for program and staff evaluation;
(8) pupil performance evaluation;
(9) follow-up study of graduates;
(10) implementation of the requirements of implementing
this chapter;
(11) communication procedures how to communicate with
pupils' districts of pupils attending the academies residence;
and
(12) coordination between the coordinating instructional
and residential programs.
(c) The plan may deal with other matters.
(d) The state board shall must submit the plan and
recommendations for improvement of the academies to the
education committees of the legislature by January 15 of each
odd-numbered year.
Subd. 3. The state board may employ central administrative
staffs and other personnel as necessary to provide and support
programs and services in each academy. The board shall place
the position of the residential academy administrator in the
unclassified service and may place any other position in the
unclassified service if it meets the criteria established in
section 43A.08, subdivision 1a. These academies are deemed to
be public schools for the purposes of sections 125.03 and
125.04, and all teachers as defined in those sections who are
employed at these academies are subject to the standards of the
board of teaching and the state board of education.
Instructional supervisory staff shall have appropriate
post-secondary credits from a teacher education program for
teachers of the deaf or blind and have experience in working
with handicapped pupils.
Subd. 3a. All staff employed by the Minnesota state
academy for the deaf are required to have sign language
communication skills, as applicable. Staff employed by the
Minnesota state academy for the blind must be knowledgeable in
Braille communication, as applicable. The department of
employee relations, in cooperation with the state board, shall
develop a statement of necessary qualifications and skills for
all staff. An employee hired after August 1, 1985 shall not
attain permanent status until the employee is proficient in sign
language communication skills or is knowledgeable in Braille
communication, as applicable.
Subd. 4. The state board may enter into contracts with
other public and private agencies and institutions to provide
residential and building maintenance services if it determines
that these services could thus be provided in a more efficient
and less expensive manner. The state board may also enter into
contracts with public and private agencies and institutions,
school districts, educational cooperative service units, and
counties to provide respite care and supplementary educational
instruction and services, including assessments and counseling.
Subd. 5. The state board of education may by agreement
with teacher preparing institutions or accredited institutions
of higher education arrange for practical experience in the
Minnesota state academy for the deaf and the Minnesota state
academy for the blind for practice or student teachers, or for
other students engaged in fields of study which prepare
professionals to provide special services to handicapped
children in school programs, who have completed not less than
two years of an approved program in their respective fields.
These student trainees shall be provided with appropriate
supervision by a teacher licensed by the board of teaching or by
a professional licensed or registered in the appropriate field
of special services and shall be deemed employees of either
academy, as applicable, for purposes of workers' compensation.
Subd. 6. The rules of the state board pursuant to this
section shall establish procedures for admission to, including
short-term admission, and discharge from the academies, for
decisions on a child's program at the academies and for
evaluation of the progress of children enrolled in the
academies. Discharge procedures must include reasonable notice
to the district of residence. These procedures shall guarantee
children and their parents appropriate procedural safeguards,
including a review of the placement determination made pursuant
to sections 120.17 and 128A.05, and the right to participate in
educational program decisions. Notwithstanding the provisions
of section 14.02, proceedings concerning admission to and
discharge from the academies, a child's program at the academies
and a child's progress at the academies shall not be deemed to
be contested cases subject to sections 14.01 to 14.69 but shall
be governed instead by the rules of the state board pursuant to
this section.
Subd. 5. [ADVISORY COUNCIL.] The state board must have,
and appoint members to, an advisory council on management
policies at the state academies.
Subd. 6. [TRUSTEE OF ACADEMIES' PROPERTY.] The state board
is the trustee of the academies' property. Securities and
money, including income from the property, must be deposited in
the state treasury according to section 16A.275. The deposits
are subject to the order of the state board.
128A.021 [RESOURCE CENTER FOR THE HEARING-IMPAIRED: HEARING
AND VISUALLY IMPAIRED.]
Subdivision 1. [ALSO FOR MULTIPLY HANDICAPPED.] A resource
center for the hearing-impaired, visually impaired, and multiply
handicapped pupils is established at the Minnesota state academy
for the deaf and the Minnesota state academy for the blind
academies.
Subd. 2. [PROGRAMS.] The resource center shall must
offer such programs as summer institutes and like programs
throughout the state for hearing-impaired, visually impaired,
and multiply handicapped pupils in various regions of the
state,. The resource center must also offer workshops for
teachers, and leadership development for teachers.
Programs A program offered through the resource center
shall must promote and develop education programs offered by
school districts and or other organizations and shall provide
assistance to. The program must assist school districts and or
other organizations in developing to develop innovative programs.
Subd. 3. [PROGRAMS BY NONPROFITS.] The resource center may
contract with to have nonprofit organizations to provide
programs through the resource center.
Subd. 4. [ADVISORY COUNCIL.] The advisory council for the
academies shall serve as is the advisory council for the
resource center.
[128A.022] [POWERS OF STATE BOARD OF EDUCATION.]
Subdivision 1. [PERSONNEL.] The state board of education
may employ central administrative staff members and other
personnel necessary to provide and support programs and services
in each academy.
Subd. 2. [GET HELP FROM DEPARTMENT.] The state board may
require the department of education to provide program
leadership, program monitoring, and technical assistance at the
academies.
Subd. 3. [UNCLASSIFIED POSITIONS.] The state board may
place any position other than residential academies
administrator in the unclassified service. The position must
meet the criteria in section 43A.08, subdivision 1a.
Subd. 4. [RESIDENTIAL AND BUILDING MAINTENANCE SERVICES.]
The state board may enter into agreements with public or private
agencies or institutions to provide residential and building
maintenance services. The state board must first decide that
contracting for the services is more efficient and less
expensive than not contracting for them.
Subd. 5. [EDUCATION SUPPLEMENTS AND RESPITE CARE.] The
state board may enter into agreements for respite care and
supplemental educational instruction and services, including
assessments and counseling. The agreements may be with public
or private agencies or institutions, school districts,
educational cooperative service units, or counties.
Subd. 6. [STUDENT TEACHERS AND PROFESSIONAL TRAINEES.] (a)
The state board may enter into agreements with teacher-preparing
institutions for student teachers to get practical experience at
the academies. A licensed teacher must provide appropriate
supervision of each student teacher.
(b) The state board may enter into agreements with
accredited higher education institutions for certain student
trainees to get practical experience at the academies. The
students must be preparing themselves in a professional field
that provides special services to handicapped children in school
programs. To be a student trainee in a field, a person must
have completed at least two years of an approved program in the
field. A person who is licensed or registered in the field must
provide appropriate supervision of each student trainee.
Subd. 7. [UFARS VARIANCES.] The state board may adopt
variances from the Uniform Financial Accounting and Reporting
System (UFARS) developed by the UFARS advisory council for the
academies.
[128A.023] [DUTIES OF STATE DEPARTMENTS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The department
of education must assist the state board of education in
preparing reports on the academies.
Subd. 2. [DEPARTMENT OF EMPLOYEE RELATIONS.] The
department of employee relations, in cooperation with the state
board of education, must develop a statement of necessary
qualifications and skills for all staff members of the academies.
[128A.024] [OBLIGATIONS OF THE ACADEMIES.]
Subdivision 1. [UFARS WITH VARIANCES.] The state academies
must use the Uniform Financial Accounting and Reporting System
(UFARS) described in sections 121.90 to 121.917. The UFARS
advisory council may develop variances for the academies for
consideration by the state board of education.
Subd. 2. [VARIOUS LEVELS OF SERVICE.] The academies must
provide their pupils with the levels of service defined in state
board rules.
Subd. 3. [PUPILS' DEVELOPMENTAL NEEDS.] The academies must
deal with the developmental needs of their pupils.
Subd. 4. [EDUCATION WITH NONHANDICAPPED PUPILS.] The
academies must provide opportunities for their pupils to be
educated with nonhandicapped pupils. A pupil's opportunities
must be consistent with the pupil's individual education plan
and assessment.
[128A.025] [STAFF OF THE ACADEMIES.]
Subdivision 1. [ACADEMIES' ADMINISTRATOR.] The position of
the residential academies' administrator is in the unclassified
service.
Subd. 2. [TEACHER STANDARDS.] A teacher at the academies
is subject to the standards of the board of teaching and the
state board of education.
Subd. 3. [INSTRUCTIONAL SUPERVISORS.] An instructional
supervisor at the academy for the deaf or the academy for the
blind must have appropriate post-secondary credits from a
teacher education program for teachers of the deaf or teachers
of the blind, respectively. An instructional supervisor must
have experience working with handicapped pupils.
Subd. 4. [SIGNING SKILLS.] A staff member at the academy
for the deaf must have the sign language communication skills
appropriate for the staff member's job.
Subd. 5. [BRAILLE SKILLS.] A staff member at the academy
for the blind must be knowledgeable in Braille communication as
appropriate for the staff member's job.
Subd. 6. [PERMANENT EMPLOYEES MUST SIGN OR KNOW
BRAILLE.] An employee hired after August 1, 1985, cannot get
permanent status until the employee is proficient in sign
language if employed at the academy for the deaf or
knowledgeable in Braille if employed at the academy for the
blind.
Subd. 7. [WORKERS' COMPENSATION FOR TRAINEES.] Student
teachers and student trainees are employees of the academies for
workers' compensation coverage.
[128A.026] [STATE BOARD RULES.]
Subdivision 1. [SUBJECTS.] The rules of the state board of
education authorized in section 128A.02 must establish
procedures for:
(1) admission, including short-term admission, to the
academies;
(2) discharge from the academies;
(3) decisions on a pupil's program at the academies; and
(4) evaluation of a pupil's progress at the academies.
Subd. 2. [MINIMUM CONTENT.] The discharge procedures must
include reasonable notice to the child's district of residence.
The procedures set out in the rules must guarantee a pupil and
the pupil's parent or guardian appropriate safeguards. The
safeguards must include a review of the placement determination
made under sections 120.17 and 128A.05 and the right to
participate in educational program decisions.
Subd. 3. [NOT CONTESTED CASE.] A proceeding about
admission to or discharge from the academies or about a pupil's
program or progress at the academies is not a contested case
under section 14.02. The proceeding is governed instead by the
rules of the state board described in this section.
128A.03 [ACADEMIES' ADVISORY COUNCIL ON MANAGEMENT
POLICIES.]
Subdivision 1. The state board of education shall appoint
an advisory council on the Minnesota state academy for the deaf
and Minnesota state academy for the blind to advise the board on
policies pertaining to the control, management, and
administration of these academies.
Subd. 2. [MEMBERS.] The members shall be representative of
the various advisory council to the state academies must have
geographic regions of the state, shall include balance. The
council must include some parents or guardians of children who
are visually disabled or and some parents or guardians of
children who are hearing-impaired children, shall include. The
council must have a staff representative of the applicable
member from each academy, and shall include two
representatives. The council must have one representative from
groups representing the interests of the visually disabled or
and one from groups representing the interests of the
hearing-impaired individuals, as applicable. All members shall
Each member of the advisory council must have knowledge, of, and
experience and interest in, the problems of visually disabled or
hearing-impaired children.
Subd. 3. 2. [TERMS, PAY, REMOVAL, EXPIRATION.] The terms,
compensation pay, and provisions for removal of council members,
and for the expiration of the council shall be as provided are
in section 15.059, subdivisions 2, 3, 4, and 5.
128A.05 [ATTENDANCE ADMISSION STANDARDS.]
Subdivision 1. Any individual who is deaf or hearing
impaired is entitled to attend the Minnesota state academy for
the deaf if it is determined, pursuant to the provisions of
section 120.17, that the nature or severity of the hearing
impairment is such that education in regular or special
education classes provided for by the school district of
residence cannot be achieved satisfactorily and that attendance
at the academy would be the least restrictive alternative for
that individual. A deaf or hearing impaired child also may be
admitted to acquire socialization skills. Short-term admission
for skills development is also permitted. Nothing in this
subdivision shall be construed as a limitation on the attendance
at this academy of children who have other handicaps in addition
to being deaf or hearing impaired.
Subd. 2. Any individual who is visually impaired,
blind-deaf, or multiple handicapped is entitled to attend the
Minnesota state academy for the blind if it is determined,
pursuant to the provisions of section 120.17, that the nature or
severity of the visual impairment is such that education in
regular or special education classes provided for by the school
district of residence cannot be achieved satisfactorily and that
attendance at the academy would be the least restrictive
alternative for that individual. A visually impaired child may
be admitted to acquire socialization skills. Short-term
admission for skills development is also permitted. Nothing in
this subdivision shall be construed as a limitation on the
attendance at this academy of children who have other handicaps
in addition to being blind or visually impaired.
Subdivision 1. [TWO KINDS.] There are two kinds of
admission to the academies.
(a) A pupil who is deaf or hearing-impaired may be admitted
to the academy for the deaf. A pupil who is visually impaired,
blind-deaf, or multiply handicapped may be admitted to the
academy for the blind. For a pupil to be admitted, two
decisions must be made under section 120.17.
(1) It must be decided by the individual education planning
team that education in regular or special education classes in
the pupil's district of residence cannot be achieved
satisfactorily because of the nature and severity of the hearing
or visual impairment respectively.
(2) It must be decided by the individual education planning
team that the academy provides the most appropriate placement
within the least restrictive alternative for the pupil.
(b) A deaf or hearing-impaired child or a visually impaired
pupil may be admitted to get socialization skills or on a
short-term basis for skills development.
Subd. 2. [MULTIPLY HANDICAPPED.] This section does not
prevent a pupil with handicaps in addition to being
(1) deaf or hearing-impaired, or
(2) blind or visually impaired
from attending the academy for the deaf or the academy for the
blind, respectively.
Subd. 3. [OUT-OF-STATE ADMISSIONS.] An applicant from
another state who can benefit from attending either academy may
be admitted to the academy if the admission does not prevent an
eligible Minnesota resident from being admitted. The
commissioner of education must get reimbursed from the other
state for the costs of the out-of-state admission. The
commissioner may make an agreement with the appropriate
authority in the other state to get reimbursed. Money received
from another state must be paid to the state treasurer and
deposited by the treasurer in the general fund.
Subd. 3 4. [COMPULSORY ATTENDANCE.] Attendance at the
Minnesota state academy for the deaf and the Minnesota state
academy for the blind is subject to The compulsory attendance
provisions of section 120.10 except that 120.101 apply to
attendance at the academies. Attendance may be excused pursuant
to under that section by the commissioner of education or a
designee. Any A person failing who fails to comply with the
provisions of section 120.10 120.101 is subject to the
provisions of section 120.12 120.103. The superintendent of the
applicable academy shall academies' administrator must exercise
the duties imposed on a superintendent by section 120.12
120.103. Attendance at the Minnesota state academy for the deaf
or the Minnesota state academy for the blind shall fulfill
fulfills the mandatory requirements of section 120.17. The
academies are subject to sections 127.26 to 127.39, the pupil
fair dismissal act of 1970, as amended.
128A.07 [EXPENSE OF PUPILS.]
Any individual attending the Minnesota state academy for
the deaf or the Minnesota state academy for the blind shall be
provided, by the person legally liable for the pupil's support,
with sufficient funds to furnish the pupil with proper clothing,
postage, and necessary incidental expenses. If the person
legally liable for the pupil's support is unable to make these
provisions, the county welfare board of the county of which the
pupil is a resident shall pay to the superintendent of the
pupil's school a sum to be fixed by the commissioner of
education pursuant to rules promulgated by the state board. In
addition, the school district of residence shall be liable for
the actual transportation of the pupil to and from the school.
Applicants from other states who can benefit by being
enrolled may be accepted so long as acceptance does not preclude
acceptance of an eligible Minnesota resident. The commissioner
of education shall obtain reimbursement from other states for
the costs incurred in connection with nonresidents accepted and
may contract with the appropriate authorities of other states to
effect reimbursement. All money received from other states
shall be paid to the state treasurer and placed in the general
fund.
Subdivision 1. [PAID BY ONE LIABLE FOR SUPPORT.] The
person who is liable for the support of a pupil attending a
state academy must provide the pupil with enough money for
proper clothing, postage, and necessary incidental expenses.
Subd. 2. [COUNTY WELFARE BOARD.] If the person liable for
support of a pupil cannot support the pupil, the welfare board
of the county of the pupil's residence must do so. The
commissioner of education must decide how much the welfare board
must pay. The state board of education must adopt rules that
tell how the commissioner is to fix the amount. The welfare
board must make the payment to the superintendent of the school
district of residence.
Subd. 3. [TRANSPORTATION EXPENSES.] The school district of
residence must pay for the transportation of the pupil from the
pupil's residence to the academy and back.
128A.09 [SERVICE, SEMINAR, AND CONFERENCE FEES;
APPROPRIATIONS.]
Subdivision 1. [DEPOSIT; CREDIT TO ACADEMIES' REVOLVING
FUND.] Fees and rental income, excluding rent for land and
living residences, collected by the academies for services,
seminars, and conferences must be deposited in the state
treasury and. A deposit must be credited to the revolving fund
of the academies.
Subd. 2. [ADMINISTRATOR'S VOUCHERS NEED VOUCHER TO SPEND.]
Payment may be made from the revolving fund only according to
vouchers by voucher authorized by the administrator of the
academies.
Subd. 3. [ANNUAL APPROPRIATION.] Money in the revolving
fund is annually appropriated annually to the academies to
defray expenses of the services, seminars, and conferences.
Sec. 3. Minnesota Statutes 1988, chapter 128B, is amended
to read:
PINE POINT EXPERIMENTAL SCHOOL IN BECKER COUNTY
128B.01 [RUN AS K-8 PUBLIC SCHOOL BY TRIBAL COUNCIL.]
Subdivision 1. [RUN BY TRIBAL COUNCIL.] The care,
management, and control of the experimental school in
independent school district No. 309, Park Rapids, is vested in
the White Earth reservation tribal council manages the Pine
Point experimental school in independent school district No.
309, Park Rapids.
Subd. 2. [FOR K-8 PUPILS.] The school is for pupils in
kindergarten through grade 8.
Subd. 3. [INDIAN EDUCATION COMMITTEE.] The Indian
education committee shall serve serves in an advisory capacity
to the White Earth reservation tribal council and. The
committee may exercise the powers or and perform the duties
delegated to it by the White Earth reservation tribal council.
Subd. 4. [COMMITTEE DEFINED.] For purposes of this
chapter, except in subdivision 3, "committee" means the White
Earth reservation tribal council.
Subd. 5. 4. [LIKE SCHOOL BOARD.] The committee council
shall superintend and manage the experimental school;, adopt,
modify, or repeal rules for its organization, government
operation and for instruction and for the keeping of registers;,
and prescribe textbooks and courses of study.
Subd. 6. 5. [PUBLIC SCHOOL; COURSE STANDARDS.]
Notwithstanding any law to the contrary, The experimental school
shall be considered is a public school. The courses of
study shall must meet the standards for similar courses of study
available in the other public schools of this state.
128B.02 [TERMS OF OFFICERS; ELECTIONS; VOTING.]
Subdivision 1. [TERMS.] The term of office for an officer
of the Indian education committee shall be is three years and
until a successor qualifies.
Subd. 2. [SECTION 123.11 ON ELECTIONS.] Elections The
election of committee officers shall must be held in accordance
with the applicable provisions of according to section 123.11.
Subd. 3. [WHO CAN VOTE.] Any A qualified voter residing on
the land comprising who resides within former independent school
district No. 25 shall be entitled to may vote at such an
election of committee officers.
Subd. 4. [DISTRICT 309 ELECTIONS.] Nothing contained in
This chapter shall be construed to does not prohibit any a
qualified voter residing in the area comprising who resides
within former independent school district No. 25
from participating voting in the elections of an election in
independent school district No. 309.
128B.03 [FINANCES, INSURANCE, TRANSPORTATION.]
Subdivision 1. [CANNOT BOND, TAX, BORROW.] Nothing
contained in This chapter shall be construed to authorize does
not allow the committee council to issue bonds, levy taxes, or
borrow funds in its behalf money.
Subd. 2. [MAY GET FEDERAL AID.] The White Earth
reservation tribal council is eligible to council may receive
federal aid to Indians pursuant according to section 124.64.
Subd. 3. [DISTRICT 309 STATE AID.] The school board of
independent school district No. 309 shall must transfer to the
committee council all state aids, grants, and refunds earned and
received by reason because of the pupils actually attending the
experimental school established by this chapter.
Subd. 4. [DISTRICT 309 FEDERAL AID.] The school board of
independent school district No. 309 shall must transfer to the
committee council, to the extent permissible, any federal aids
or grants to which such the school district may be is eligible
for or entitled by reason to because of:
(1) the population in the experimental school attendance
area,;
(2) the pupils actually attending the experimental school,;
(3) the program of the experimental school,;
(4) the boundaries of the attendance area of the
experimental school; or for any
(5) a related reason related thereto.
Subd. 5. [AUDITS; STATE AUDITOR LAW.] The committee shall
cause council must have an audit to be made done annually
of all the accounts of the experimental school which shall. The
audit must be completed finished within one year
following after the year for which the audit is made. In all
respects, The committee shall be council is subject to the
provisions of chapter 6, relating to the state auditor.
Subd. 6. [TREASURER'S BOND.] The treasurer of such
committee shall the council must give a corporate surety bond to
the state in an amount, the school board of independent school
district No. 309 must set the amount of the bond. The amount
must be sufficient to protect the interest of the school
district as set by the board of independent school district No.
309.
Subd. 7. [INSURANCE.] The committee council may procure
buy the insurance specified in sections 123.35, subdivision 13,
and 123.41. The committee shall purchase council must buy
insurance to the extent required by chapter 466 and shall is not
be liable beyond the extent provided by section 466.12,
subdivision 3a. The term "average number of pupils" as set out
in section 466.12, subdivision 3a shall mean means, for the
purposes of this section subdivision, the average number of
pupils attending the experimental school.
Subd. 8. [TRANSPORTATION.] To the extent permitted by
statute, the school board of independent school district No. 309
shall remain is responsible for providing transportation for
independent school district No. 309.
128B.04 [ALL PUPILS IN AREA ARE RESIDENT PUPILS.]
Any kindergarten through 8th grade For chapter 120, a pupil
residing in kindergarten through 8th grade who resides within
the defined boundaries of former independent school district No.
25 shall be considered is a resident pupil of the experimental
school attendance area, as if the experimental school area were
a school district, for purposes of chapter 120.
128B.05 [EMPLOYEES; APPROPRIATE UNIT; INDIAN INSTRUCTORS.]
Subdivision 1. [HIRING.] The committee shall council must
employ necessary teachers in accordance with according to
section 125.12 and may employ other necessary personnel.
Subd. 2. [COMMITTEE COUNCIL TEACHERS ARE UNIT.] Teachers
employed by the committee shall be council are employees of the
experimental school and shall constitute are an "appropriate
unit" or a "unit" for the purposes of under chapter 179A,
notwithstanding the provisions of section 179A.03, subdivision 2.
Subd. 3. [DISTRICT 309 TEACHERS.] Teachers employed by the
school board of independent school district No. 309 and who are
assigned by the board to the school designated as the
experimental school shall remain employees of the board.
Subd. 4. [INDIAN CULTURE INSTRUCTORS.] The committee shall
have the authority to council may employ instructors in the area
of Indian culture. Notwithstanding the provisions of chapter
125, or any rule of the state board relating to license
requirements, said The instructors need not be licensed by the
state board. For all other purposes, said the instructors shall
be deemed to be are "teachers" as defined by section 125.03,
subdivision 1.
128B.06 [EDUCATION THIS CHAPTER PREVAILS OVER CODE,
INDEPENDENT OR DISTRICT LAW GOVERN.]
Subdivision 1. [EDUCATION CODE.] Except as otherwise
provided by this chapter, The care, management, and operation of
the experimental school by the committee shall be governed in
accordance with the provisions of council is governed by the
education code, as defined by section 120.01, and any other
statutes law affecting public school districts.
Subd. 2. [INDEPENDENT DISTRICT LAW.] Unless otherwise
provided in this chapter, the committee shall council must
operate pursuant according to statutes governing independent
school districts.
Subd. 3. [THIS CHAPTER PREVAILS.] If there is a conflict
between the code or other law and this chapter, this chapter
prevails.
128B.07 [PRETRANSFER OBLIGATIONS STAY WITH DISTRICT 309.]
All legally valid and enforceable claims and A claim
against, or a contract obligations entered into by obligation
of, the school board of independent school district No. 309
prior to arising before the effective date of the transfer to
the committee shall remain council remains the obligations
responsibility of independent school district No. 309.
128B.08 [REPORTS TO LEGISLATURE.]
Prior to Before December 1 of each year the committee shall
council must submit a report to the legislature a report of on
the experimental school established by this chapter. Such The
report shall must document the success or failure of the
experimental school.
128B.09 [TERMINATION, END OF EXPERIMENT; TRANSFER BACK TO
DISTRICT 309.]
At any time before July 1, 1989, The experimental status of
the school may be terminated upon ended on unanimous vote of the
officers of the committee council and 30 days days' notice to
the school board of independent school district No. 309,
whereupon. Then the school board of independent school district
No. 309 shall must resume the care, management, and control of
the entire district on the next July 1 following.
128B.10 [REPEALER.]
This chapter is repealed July 1, 1989.
Sec. 4. Minnesota Statutes 1988, chapter 129, is amended
to read:
SCHOOL BOARDS; MISCELLANEOUS POWERS
LAND EXCHANGES; BORDER AGREEMENTS;
STATE HIGH SCHOOL LEAGUE
LAND EXCHANGES BY DISTRICTS IN CHIPPEWA FOREST
129.03 [TAX-FORFEITED LANDS, ACQUISITION EXCHANGE TAX LAND
FOR U.S. PROPERTY IN DISTRICT.]
(a) This section applies to school districts that are
partly or fully within the Chippewa National Forest.
(b) Any The school board of a school district is authorized
to acquire by action of its school board, without authorization
by the voters of the school district, tax-forfeited lands for
the purpose of exchanging such lands may acquire tax-forfeited
land to exchange it with the federal government for real or
personal federal property, real or personal situated within the
boundaries of in the school district.
129.04 [VALIDATION PRE-1955 CONVEYANCE IS VALID.]
The acquisition heretofore by any school district of
tax-forfeited lands for the purpose of exchanging such lands
with the federal government for federal property, real or
personal, situated within the boundaries of the school district
is ratified and approved and the conveyance of the title of the
state of Minnesota to any such tax-forfeited land to a school
district is validated and confirmed. If, before February 20,
1955, the state conveyed title to tax-forfeited land to a school
district described in section 129.03 to exchange for federal
property in the district, the conveyance is valid.
AGREEMENTS BY DISTRICTS ON STATE BORDER
129.11 [AGREEMENTS WITH DISTRICTS DISTRICT IN OTHER
STATES BORDERING STATE.]
Subdivision 1. [TO BUILD, RUN SCHOOL JOINTLY.] The school
board of any a school district with boundaries
adjoining bordering another state may enter into an agreement
and contract with the school board of a school district in such
adjoining the other state to provide for the joint erection,
operation and maintenance of erect, operate, and maintain school
facilities for both districts upon such terms and conditions as
may be mutually agreed upon between such districts in accordance
with the provisions of jointly.
Subd. 1a. [COMPLY WITH THIS SECTION.] The agreement must
comply with this section.
Subd. 2. [COMMISSIONER TO SET TERMS, APPROVE.] An The
agreement proposed for adoption by a school board under this
section shall must be in the form and contain such the terms
as may be prescribed by the Minnesota commissioner of
education from time to time by in a published order and no. An
agreement shall cannot be submitted to a referendum by the
people under subdivision 3 unless it has first been approved
by until the commissioner of education in writing has approved
it by endorsement thereon on its face.
Subd. 3. [REFERENDUM.] An approved The endorsed agreement
shall must be submitted in the manner provided by law to the
electorate voters of the school district. The referendum may be
held at a special election called for the purpose or at an
annual election in the manner provided by law.
Subd. 3a. [BALLOT LANGUAGE.] The question on the ballot at
such election shall be These words or words with the same effect
must be on the ballot:
"Shall the proposed agreement between this Your school
district and proposes to make an agreement with school district
number ..... in ..... county, state of ..... as approved by to
erect, operate, and maintain school facilities jointly. The
Minnesota commissioner of education by endorsement dated .....
be executed approves of the agreement. Do you approve of the
agreement?
YES .....
NO ......"
Subd. 4. [FACILITIES IN EITHER STATE.] Facilities erected
and maintained pursuant to under the terms of the agreement may
be located in either Minnesota or such adjoining the other
state.
Subd. 5. [BORROWER BORROW, TAX, ISSUE BONDS.] To do what
the agreement calls for, the Minnesota school district entering
such making the agreement may borrow money, levy taxes and,
issue bonds, and use the proceeds thereof in accordance with and
subject to the limitations of of the bonds. Chapter 475 for
purposes of the agreement must be followed.
STATE HIGH SCHOOL LEAGUE
129.121 [STATE HIGH SCHOOL LEAGUE FORM, MAKEUP, DELEGATION,
BOARD MEMBERSHIP.]
Subdivision 1. [VOLUNTARY ASSOCIATION.] The governing
board of any high school may delegate the control, supervision,
and regulation of interscholastic athletics and other
extracurricular activities referred to in section 123.38 to The
Minnesota state high school league, is a nonprofit incorporated
corporation that is a voluntary association of high
schools. Membership in said Minnesota state high school A high
school that is a school under section 120.101, subdivision 4,
may be a member of the league. The league shall be composed of
such Minnesota is made up of high schools whose governing boards
have certified in writing to delegated their control of
extracurricular activities, as described in section 123.38,
subdivision 2b, to the league. The delegation is made when the
governing board files a certificate of delegation with the state
commissioner of education that they have elected to delegate the
control, supervision, and regulation of their interscholastic
athletic events and other extracurricular activities to said
league.
Subd. 2. [POWER TO DELEGATE TO, PAY FOR, LEAGUE.] The
governing board of a high school may delegate its control of
extracurricular activities to the league. A school board may
spend money for, and pay dues to, the league.
Subd. 3. [LEAGUE POWER TO CONTROL.] The Minnesota state
high school league is hereby empowered to exercise the may
control, supervision, and regulation of interscholastic
athletics, musical, dramatic, and other contests by and between
pupils of the Minnesota high schools, that are delegated to it
pursuant to under this section. The Minnesota high school
league may establish a policy or guidelines for the guidance of
member high schools in the formation or alteration of athletic
or other extracurricular conferences. Except as otherwise
provided by subdivision 1a, the formation or alteration of
conferences is voluntary.
Subd. 4. [BOARD.] (a) The league must have a 21-member
governing board.
(1) The commissioner of education, or the commissioner's
representative, shall be an ex officio is a nonvoting member of
the governing body of the Minnesota state high school
league. The governing board must include the following members:
(2) The governor must appoint four members of the public,
at least one of whom must be an American Indian, Asian, Black,
or Hispanic, and all of whom must be parents, appointed by the
governor under according to section 15.0597; two members of.
Each of the four appointees must be a parent. At least one of
them must be an American Indian, an Asian, a Black, or a
Hispanic.
(3) The Minnesota association of secondary school
principals selected by the association; and must appoint two of
its members.
(4) The remaining 14 members selected must be selected
according to league bylaws. The board shall establish and adopt
policies, make decisions on behalf of the league, and establish
advisory committees necessary to carry out board functions.
(b) The terms, compensation, removal of members, and the
filling of membership vacancies are governed by section
15.0575. Members of advisory committees shall be reimbursed
only for expenses in the same manner as board members.
[129.122] [DUTIES OF LEAGUE BOARD, RULES.]
Subdivision 1. [DECISIONS, POLICIES, ADVISORY COMMITTEES.]
The board shall establish and adopt policies, make decisions on
behalf of the league, and establish advisory committees
necessary to carry out board functions.
Subd. 2. [CRITERIA FOR CONFERENCE ARRANGEMENTS.] The board
must develop criteria for the league to use when it is asked to
arrange for membership in an interscholastic conference by a
league member under section 129.124. The league must give
notice and an opportunity for league members to be heard before
adopting the criteria. The criteria must include, at least, the
distance to be traveled by competing schools, the relative
enrollments of the schools, and the comparability of
extracurricular activities in the schools.
Subd. 3. [RULES.] The rules of the league shall be are
exempt from the provisions of sections 14.02, 14.04 to 14.36,
14.38, 14.44 to 14.45, and 14.57 to 14.62.
[129.123] [EXPENSE LIMITS.]
Subdivision 1. [EMPLOYEE EXPENSES.] Employees of the
league shall may be reimbursed only for expenses as authorized
by the commissioner's plan for state employees adopted under
section 43A.18, subdivision 2.
Subd. 2. [NO CREDIT CARDS.] The league is specifically
prohibited from having cannot have credit cards.
Subd. 3. [DIRECTOR'S EXPENSE ACCOUNT.] The executive
director of the league shall may have a department head expense
account. The account is subject to the same limits and
guidelines as those provided the same account for the
commissioner of education. The executive director shall
expend may spend money for entertainment or reimbursement of to
entertain from this account only. The executive director may
reimburse the expenses of guests of the league only from this
account only.
Subd. 4. [ADVISORY COMMITTEE PAY.] A member of an advisory
committee may be paid for expenses only. The only way the
expenses may be reimbursed is in the same way board members'
expenses are reimbursed.
Subd. 5. [AUTO POLICY.] The board shall establish must
have a policy on the use of automobiles by league staff and
shall. The board must show annually how league the policy on
the use of automobiles is the most cost-effective alternative
available.
[129.124] [ARRANGING INTERSCHOLASTIC CONFERENCE
MEMBERSHIP.]
Subdivision 1. [POLICY.] The league may establish a policy
to guide member high schools in forming or altering
interscholastic conferences.
Subd. 1a. [REQUEST.] The league shall arrange membership
for schools in athletic or other extracurricular conferences to
the extent and in the manner provided by this subdivision.
After notice and an opportunity for participation by league
members at a public hearing, the league shall develop criteria
to arrange membership in athletic or other extracurricular
conferences for schools that make a written request pursuant to
this subdivision. The criteria shall include, at least, the
distance to be traveled by competing schools, the relative
enrollments of the schools, and the comparability of athletic or
other extracurricular activities in the schools.
Within 90 days after receiving a written request from a
member high school, the league shall, following the criteria
developed pursuant to this subdivision, arrange membership in an
athletic or other extracurricular conference for any high school
that (1) lacks membership in a conference because of involuntary
exclusion from a conference or because of the dissolution of a
conference and (2) has made its own good faith attempts for at
least 180 days to obtain membership in a conference. The 180
days run from the date of the member school's first written
request to join or rejoin a conference. When arranging
conference membership for a school, the league shall notify the
school seeking membership and all schools already in a proposed
conference that, upon request of a notified school, a public
hearing on the proposed conference membership will be held in a
timely manner. The school seeking conference membership and the
schools already in a proposed conference are bound by the
league's final decision under this subdivision on a matter of
conference membership A league member high school that is not in
a conference may ask the league to arrange membership for the
league member in an interscholastic conference.
Subd. 2. [REASON NOT IN CONFERENCE.] The reason the member
is not in a conference must be: (1) the conference was
dissolved, or (2) the member was involuntarily excluded.
Subd. 3. [PREREQUISITE: 180-DAY GOOD FAITH
EFFORT.] Before asking the league to arrange membership, the
school must make a good faith attempt over at least 180 days to
join a conference. The 180 days run from the date of the
school's first written request to join or rejoin a conference.
Subd. 4. [LEAGUE DEADLINE: 90 DAYS.] The league must
arrange the conference membership within 90 days after receiving
a timely written request from a league member high school.
Subd. 5. [MUST USE CRITERIA.] The league must follow its
criteria in arranging the conference membership.
Subd. 6. [RIGHT TO HEARING, NOTICE.] (a) The requesting
school or a high school already in the conference that is the
subject of the proposed arrangement may request a timely public
hearing on the proposed arrangement.
(b) The league must notify the schools mentioned in
paragraph (a) of the right to a hearing.
Subd. 7. [DECISION IS BINDING.] The league's final
decision on a matter of conference membership under this section
is binding on all of the schools required to be notified of the
right to a hearing.
Subd. 8. [OTHERWISE, CONFERENCES ARE VOLUNTARY.] Except to
the extent the league arranges conference membership under this
section, an interscholastic conference of schools participating
in activities delegated to the league may be formed and changed
freely.
[129.125] [AUDITS AND REPORTS BY STATE AUDITOR.]
Subd. 2. Subdivision 1. [DUES AND EVENTS REVENUE.] Any
school board is hereby authorized to expend money for and pay
dues to the Minnesota state high school league and The state
auditor annually must examine the accounts of, and audit all
money paid to such, the state high school league as well as, by
its members. The state auditor must also audit all money
derived from any contest or other event sponsored by said the
league, shall be subject to an annual examination and audit by
the state auditor.
Subd. 2. [FINANCIAL AND COMPLIANCE AUDIT TO LEGISLATURE.]
Each year by September 1, the state auditor shall must provide a
financial and compliance audit to the legislature detailing.
The audit must detail the general financial condition and
general status of the league as of July 31 of the year preceding
before the filing of the audit.
Subd. 3. [COPIES.] The state auditor must file copies of
the audit report must be filed with the commissioner of
education, the chairs of the house and senate education
committees and the director of the legislative reference library.
Subd. 4. [COVERAGE OF REPORT.] The audit report must
include the aggregate totals for all revenues and expenditures
for the three preceding years and the current year and the three
years before the current year and the percent and
dollar difference in change from the year before each of these
the four years. The following items must be audited in each
instance: revenues Revenue items from student activities,
membership dues, publications, registration of officials and
judges, interest, automobile sales,; and from other revenues
sources including medals, refunds, and reimbursements; and
expenditures must be audited annually. Expenditure items
related to staff, the board of directors, student activities,
capital outlay, and office and other expenditures purposes
including membership services must be audited annually.
Subd. 5. [LEAGUE TO PAY FOR AUDIT.] The league must
pay the state auditor for the costs of the audit.
[129.126] [EMPLOYMENT.]
Subd. 2a Subdivision 1. [EMPLOYMENT AFFIRMATIVE ACTION.]
The state high school league must adopt an affirmative action
policy. The reason for the policy is to ensure that employment
positions jobs within the league are equally accessible to all
qualified persons and. The policy is also needed to
eliminate the underutilization underemployment by the league of
the protected groups as that are defined in section 43A.02,
subdivision 33.
Subd. 2. [RECRUITING.] The league shall must actively and
publicly recruit qualified people to become its employees of the
league. It shall The league must give special emphasis to
recruiting members of protected groups. The league shall must
advertise available positions in newspapers of general
circulation. The advertisement must contain a deadline for
submitting applications that is at least 14 days after the date
of the last advertisement. The league shall must keep each
application for at least six months and shall must notify an
applicant when a position, for which the applicant is qualified,
becomes available.
Subd. 2b 3. [EQUITABLE COMPENSATION RELATIONSHIPS
COMPARABLE WORTH.] The league shall be treated as is a political
subdivision for purposes of under sections 471.992 to 471.999,
except that the league must report to the commissioner of
employee relations by February 1, 1989, on its implementation
plan. No A cause of action against the league arises does not
arise before August 1, 1989, for failure to comply with the
requirements of sections 471.992 to 471.999.
[129.127] [LEAGUE IS SUBJECT TO DATA PRACTICES ACT.]
Subd. 2c. [DATA PRACTICES.] The collection, creation,
receipt, maintenance, dissemination, or use of information by
the state high school league is subject to the provisions of
chapter 13.
[129.128] [COMMISSIONER TO REPORT ON LEAGUE TO
LEGISLATURE.]
Subd. 3. Subdivision 1. [ANNUALLY.] The commissioner of
education shall make a must report to the legislature on or
before each regular session thereof, as to on the activities of
the league, and shall.
Subd. 2. [URGE NEEDED LAWS.] The commissioner must
recommend to the legislature whether any legislation is made
necessary by its league activities.
Subd. 4. Membership in the Minnesota state high school
league shall be open to any high school in Minnesota which
satisfies compulsory attendance pursuant to section 120.10.
[129.129] [LEAGUE MUST HAVE OPEN MEETINGS.]
Subd. 5. For the purposes of section 471.705, the
Minnesota state high school league shall be deemed to be is
considered a state agency required by law to transact business
in meetings open to the public.
Sec. 5. [EFFECT OF CHANGES.]
The legislature intends the changes in the language of the
laws amended by this act to be exclusively changes in style. No
change is intended to alter or shall be construed by a court or
other authority to alter the meaning of a law.
If a section is amended by this act and also by another act
adopted in 1988 and the amendments cannot be edited together in
the next publication of Minnesota Statutes, the amendment by
this act shall be without effect.
Sec. 6. [REPEALER.]
Minnesota Statutes 1988, sections 128.04, 128.06, 128.069,
128A.04, 129.02, 129.05, 129.06, 129.07, 129.08, 129.09, and
129.10, are repealed.
Presented to the governor May 19, 1989
Signed by the governor May 19, 1989, 11:54 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes