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 DISTRICTSDISTRICT [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 SCHOOLBOARD; ELECTIONS; TERMSMEMBERS: NUMBER, TERM, STAGGERING.] Subdivision 1. [5 MEMBERS.] The schoolboard of any suchcounty district shall consist ofboard of independent school district No. 166 has five members, to be elected at the sametime and in the same manner as board members in a ten or moretownships district, but for. Subd. 2. [4-YEAR TERM FROM JANUARY.]AThe term of a school board member is four years.The board of countycommissioners shall appoint the members of such board within 60days following the election at which time the question ofconsolidation was submitted, the length of each term for whichthey are to be appointed being such as to cause theA termofthree members of the board to expirebegins on theSundaypreceding thefirst Monday in Januaryfollowing the next generalafter the electionand the term for. Subd. 3. [STAGGERED ELECTIONS.] Three school board members are elected at one state general election and twomembers toexpire two years from the Sunday preceding the first Monday inJanuary followingare elected at the next state general election.The provisions of Laws 1949, chapter 268, shall notaffect the terms of the school boards of county districts noworganized. The school board of the county district shall meetwithin ten days after the appointment by the county board, andthereafter as may be necessary, and organize in the same manneras independent districts and do whatever business is necessaryfor the best interest of the county district for the ensuingschool year and thereafter shall organize at the same time asboards 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, shallconstituteis an election districtfrom which shall be electedone member of the board. One school board member is elected from each election district. 128.03 [MEETINGS AND ORGANIZATION OF BOARDANNUAL MEETING MUST BE IN JANUARY.] The schoolboards in such districts shall meet and organizeannuallyboard of independent school district No. 166 must hold its annual meeting on, or as soon as practicable within ten days after, thefirstTuesday after the first Monday in January, oras soon thereafter as practicable, but not later than ten daysafter such date.It shall organize in the same manner as theboard 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 blindshall be located atare residential schools in Faribaultas residential schools and as a resource center forschool districts, and shall be grouped and classed with the. They are public schools under sections 125.03 and 125.04 and state educational institutionsof the state. Subd. 2. [RESOURCE CENTER.] The state academies are a resource center for school districts. 128A.02 [DUTIES OF STATE BOARDDUTIES AND POWERSOF EDUCATION.] Subdivision 1. [TO MANAGE.] The state board of educationis responsible for the control, management and administration ofmust manage theMinnesotastate academy for the deaf and theMinnesotastate academy for the blind.At the request ofthe state board, the department of education shall beresponsible for program leadership, program monitoring, andtechnical assistance at the academies. The department shallassist the state board in the preparation of reports.Subd. 1a. By July 1, 1986, the academies shall comply withthe uniform financial accounting and reporting system undersections 121.90 to 121.917, subject to variances developed bythe advisory council and adopted by the state board.Subd. 2. [RULES.] The state boardshall promulgatemust adopt rulesregardingabout the operation ofboththe academies and about the individualsin attendance and shallperform all dutiesattending 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 eachchildpupil at the academies who is handicapped by visual disability or hearing impairment.The academies shall provide various levelsof service, as defined in the rules of the state board ofeducation, for the pupils. Developmental needs of the pupilsshall be addressed by the academies. The academies shallprovide opportunities for the pupils to be educated withnonhandicapped pupils, according to assessments and individualeducation plans.Subd.2a.4. [PLAN.] (a) The state boardshalldevelopmust have a two-year plan for the academies and must update it annually. (b) The planshall include at least the followingmust 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 ofimplementing this chapter; (11)communication procedureshow to communicate with pupils' districts ofpupils attending the academiesresidence; and (12)coordination between thecoordinating instructional and residential programs. (c) The plan may deal with other matters. (d) The state boardshallmust 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 administrativestaffs and other personnel as necessary to provide and supportprograms and services in each academy. The board shall placethe position of the residential academy administrator in theunclassified service and may place any other position in theunclassified service if it meets the criteria established insection 43A.08, subdivision 1a. These academies are deemed tobe public schools for the purposes of sections 125.03 and125.04, and all teachers as defined in those sections who areemployed at these academies are subject to the standards of theboard of teaching and the state board of education.Instructional supervisory staff shall have appropriatepost-secondary credits from a teacher education program forteachers of the deaf or blind and have experience in workingwith handicapped pupils.Subd. 3a. All staff employed by the Minnesota stateacademy for the deaf are required to have sign languagecommunication skills, as applicable. Staff employed by theMinnesota state academy for the blind must be knowledgeable inBraille communication, as applicable. The department ofemployee relations, in cooperation with the state board, shalldevelop a statement of necessary qualifications and skills forall staff. An employee hired after August 1, 1985 shall notattain permanent status until the employee is proficient in signlanguage communication skills or is knowledgeable in Braillecommunication, as applicable.Subd. 4. The state board may enter into contracts withother public and private agencies and institutions to provideresidential and building maintenance services if it determinesthat these services could thus be provided in a more efficientand less expensive manner. The state board may also enter intocontracts with public and private agencies and institutions,school districts, educational cooperative service units, andcounties to provide respite care and supplementary educationalinstruction and services, including assessments and counseling.Subd. 5. The state board of education may by agreementwith teacher preparing institutions or accredited institutionsof higher education arrange for practical experience in theMinnesota state academy for the deaf and the Minnesota stateacademy for the blind for practice or student teachers, or forother students engaged in fields of study which prepareprofessionals to provide special services to handicappedchildren in school programs, who have completed not less thantwo years of an approved program in their respective fields.These student trainees shall be provided with appropriatesupervision by a teacher licensed by the board of teaching or bya professional licensed or registered in the appropriate fieldof special services and shall be deemed employees of eitheracademy, as applicable, for purposes of workers' compensation.Subd. 6. The rules of the state board pursuant to thissection shall establish procedures for admission to, includingshort-term admission, and discharge from the academies, fordecisions on a child's program at the academies and forevaluation of the progress of children enrolled in theacademies. Discharge procedures must include reasonable noticeto the district of residence. These procedures shall guaranteechildren and their parents appropriate procedural safeguards,including a review of the placement determination made pursuantto sections 120.17 and 128A.05, and the right to participate ineducational program decisions. Notwithstanding the provisionsof section 14.02, proceedings concerning admission to anddischarge from the academies, a child's program at the academiesand a child's progress at the academies shall not be deemed tobe contested cases subject to sections 14.01 to 14.69 but shallbe governed instead by the rules of the state board pursuant tothis 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 CENTERFOR 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 theMinnesota state academyfor the deaf and the Minnesotastateacademy for the blindacademies. Subd. 2. [PROGRAMS.] The resource centershallmust offersuch programs assummer institutes and like programs throughout the state for hearing-impaired, visually impaired, and multiply handicapped pupilsin various regions of thestate,. The resource center must also offer workshops for teachers, and leadership development for teachers.ProgramsA program offered through the resource centershallmust promote and develop education programs offered by school districtsandor other organizationsand shall provideassistance to. The program must assist school districtsandor other organizationsin developingto develop innovative programs. Subd. 3. [PROGRAMS BY NONPROFITS.] The resource center may contractwithto have nonprofit organizationstoprovide programs through the resource center. Subd. 4. [ADVISORY COUNCIL.] The advisory council for the academiesshall serve asis 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 appointan advisory council on the Minnesota state academy for the deafand Minnesota state academy for the blind to advise the board onpolicies pertaining to the control, management, andadministration of these academies.Subd. 2.[MEMBERS.] Themembers shall be representative ofthe variousadvisory council to the state academies must have geographicregions of the state, shall includebalance. The council must include some parents or guardians of children who are visually disabledorand some parents or guardians of children who are hearing-impairedchildren, shall include. The council must have a staffrepresentative of the applicablemember from each academy, and shall include tworepresentatives. The council must have one representative from groups representing the interests of the visually disabledorand one from groups representing the interests of the hearing-impairedindividuals, as applicable.All members shallEach 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,compensationpay, and provisions for removal ofcouncilmembers, and for the expiration of the councilshall be as providedare in section 15.059, subdivisions 2, 3, 4, and 5. 128A.05 [ATTENDANCEADMISSION STANDARDS.]Subdivision 1. Any individual who is deaf or hearingimpaired is entitled to attend the Minnesota state academy forthe deaf if it is determined, pursuant to the provisions ofsection 120.17, that the nature or severity of the hearingimpairment is such that education in regular or specialeducation classes provided for by the school district ofresidence cannot be achieved satisfactorily and that attendanceat the academy would be the least restrictive alternative forthat individual. A deaf or hearing impaired child also may beadmitted to acquire socialization skills. Short-term admissionfor skills development is also permitted. Nothing in thissubdivision shall be construed as a limitation on the attendanceat this academy of children who have other handicaps in additionto being deaf or hearing impaired.Subd. 2. Any individual who is visually impaired,blind-deaf, or multiple handicapped is entitled to attend theMinnesota state academy for the blind if it is determined,pursuant to the provisions of section 120.17, that the nature orseverity of the visual impairment is such that education inregular or special education classes provided for by the schooldistrict of residence cannot be achieved satisfactorily and thatattendance at the academy would be the least restrictivealternative for that individual. A visually impaired child maybe admitted to acquire socialization skills. Short-termadmission for skills development is also permitted. Nothing inthis subdivision shall be construed as a limitation on theattendance at this academy of children who have other handicapsin 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.34. [COMPULSORY ATTENDANCE.]Attendance at theMinnesota state academy for the deaf and the Minnesota stateacademy for the blind is subject toThe compulsory attendance provisions of section120.10 except that120.101 apply to attendance at the academies. Attendance may be excusedpursuanttounder that section by the commissioner of education or a designee.AnyA personfailingwho fails to comply withtheprovisions ofsection120.10120.101 is subject totheprovisions ofsection120.12120.103. Thesuperintendent of theapplicable academy shallacademies' administrator must exercise the duties imposed on a superintendent by section120.12120.103. Attendance at theMinnesota stateacademy for the deaf or theMinnesota stateacademy for the blindshall fulfillfulfills themandatoryrequirements 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 forthe deaf or the Minnesota state academy for the blind shall beprovided, 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 personlegally liable for the pupil's support is unable to make theseprovisions, the county welfare board of the county of which thepupil is a resident shall pay to the superintendent of thepupil's school a sum to be fixed by the commissioner ofeducation pursuant to rules promulgated by the state board. Inaddition, the school district of residence shall be liable forthe actual transportation of the pupil to and from the school.Applicants from other states who can benefit by beingenrolled may be accepted so long as acceptance does not precludeacceptance of an eligible Minnesota resident. The commissionerof education shall obtain reimbursement from other states forthe costs incurred in connection with nonresidents accepted andmay contract with the appropriate authorities of other states toeffect reimbursement. All money received from other statesshall be paid to the state treasurer and placed in the generalfund.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; CREDITTO 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 treasuryand. A deposit must be credited to the revolving fund of the academies. Subd. 2. [ADMINISTRATOR'S VOUCHERSNEED VOUCHER TO SPEND.] Payment may be made from the revolving fund onlyaccording tovouchersby voucher authorized by the administrator of the academies. Subd. 3. [ANNUAL APPROPRIATION.] Money in the revolving fund isannuallyappropriated 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 EXPERIMENTALSCHOOL IN BECKER COUNTY 128B.01 [RUN AS K-8 PUBLIC SCHOOL BY TRIBAL COUNCIL.] Subdivision 1. [RUN BY TRIBAL COUNCIL.] Thecare,management, and control of the experimental school inindependent school district No. 309, Park Rapids, is vested intheWhite 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 committeeshall serveserves in an advisory capacity to the White Earth reservation tribal counciland. The committee may exercise the powersorand perform the duties delegated to it by the White Earth reservation tribal council.Subd. 4. [COMMITTEE DEFINED.] For purposes of thischapter, except in subdivision 3, "committee" means the WhiteEarth reservation tribal council.Subd.5.4. [LIKE SCHOOL BOARD.] Thecommitteecouncil shallsuperintend andmanage the experimental school;, adopt,modify, or repealrules for itsorganization, governmentoperation and for instructionand 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 schoolshall be consideredis a public school. The courses of studyshallmust 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 ofoffice foran officer of the Indian education committeeshall beis three yearsanduntil a successor qualifies. Subd. 2. [SECTION 123.11 ON ELECTIONS.]ElectionsThe election of committee officersshallmust be heldin accordancewith the applicable provisions ofaccording to section 123.11. Subd. 3. [WHO CAN VOTE.]AnyA qualified voterresiding onthe land comprisingwho resides within former independent school district No. 25shall be entitled tomay vote atsuchan election of committee officers. Subd. 4. [DISTRICT 309 ELECTIONS.]Nothing contained inThis chaptershall be construed todoes not prohibitanya qualified voterresiding in the area comprisingwho resides within former independent school district No. 25 fromparticipatingvoting inthe elections ofan election in independent school district No. 309. 128B.03 [FINANCES, INSURANCE, TRANSPORTATION.] Subdivision 1. [CANNOT BOND, TAX, BORROW.]Nothingcontained inThis chaptershall be construed to authorizedoes not allow thecommitteecouncil to issue bonds, levy taxes, or borrowfunds in its behalfmoney. Subd. 2. [MAY GET FEDERAL AID.] TheWhite Earthreservation tribal council is eligible tocouncil may receive federal aid to Indianspursuantaccording to section 124.64. Subd. 3. [DISTRICT 309 STATE AID.] The school board of independent school district No. 309shallmust transfer to thecommitteecouncil all state aids, grants, and refunds earned and receivedby reasonbecause of the pupils actually attending the experimental schoolestablished by this chapter. Subd. 4. [DISTRICT 309 FEDERAL AID.] The school board of independent school district No. 309shallmust transfer to thecommitteecouncil, to the extent permissible, any federal aids or grantstowhichsuchthe school districtmay beis eligible for or entitledby reasonto 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; orfor any(5) a related reasonrelated thereto. Subd. 5. [AUDITS; STATE AUDITOR LAW.] Thecommittee shallcausecouncil must have an auditto be madedone annually ofallthe accounts of the experimental schoolwhich shall. The audit must becompletedfinished within one yearfollowingafter the year for which the audit is made.In allrespects,Thecommittee shall becouncil is subject totheprovisions ofchapter 6, relating to the state auditor. Subd. 6. [TREASURER'S BOND.] The treasurer ofsuchcommittee shallthe council must give a corporate surety bond to the statein 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 districtas set by the board of independent school district No.309. Subd. 7. [INSURANCE.] Thecommitteecouncil mayprocurebuy the insurance specified in sections 123.35, subdivision 13, and 123.41. Thecommittee shall purchasecouncil must buy insurance to the extent required by chapter 466 andshallis notbeliable beyond the extent provided by section 466.12, subdivision 3a. The term "average number of pupils"as set outin section 466.12, subdivision 3ashall meanmeans, forthepurposes ofthissectionsubdivision, 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. 309shall remainis responsible for providing transportation for independent school district No. 309. 128B.04 [ALL PUPILS IN AREA ARE RESIDENT PUPILS.]Any kindergarten through 8th gradeFor chapter 120, a pupilresidingin kindergarten through 8th grade who resides withinthe defined boundaries offormer independent school district No. 25shall be consideredis a resident pupil of the experimental school attendance area, as if theexperimental schoolarea were a school district, for purposes of chapter 120. 128B.05 [EMPLOYEES; APPROPRIATE UNIT; INDIAN INSTRUCTORS.] Subdivision 1. [HIRING.] Thecommittee shallcouncil must employ necessary teachersin accordance withaccording to section 125.12 and may employ other necessary personnel. Subd. 2. [COMMITTEECOUNCIL TEACHERS ARE UNIT.] Teachers employed by thecommittee shall becouncil are employees of the experimental school andshall constituteare an "appropriate unit" or a "unit"for the purposes ofunder chapter 179A, notwithstandingthe provisions ofsection 179A.03, subdivision 2. Subd. 3. [DISTRICT 309 TEACHERS.] Teachers employed by the school board of independent school district No. 309andwho are assigned by the board to theschool designated as theexperimental schoolshallremain employees of the board. Subd. 4. [INDIAN CULTURE INSTRUCTORS.] Thecommittee shallhave the authority tocouncil may employ instructors inthe areaofIndian culture.Notwithstanding the provisions of chapter125, or any rule of the state board relating to licenserequirements, saidThe instructors need not be licensed by the state board. For all other purposes,saidthe instructorsshallbe deemed to beare "teachers" as defined by section 125.03, subdivision 1. 128B.06 [EDUCATIONTHIS CHAPTER PREVAILS OVER CODE,INDEPENDENTOR DISTRICT LAWGOVERN.] Subdivision 1. [EDUCATION CODE.]Except as otherwiseprovided by this chapter,Thecare,management, and operationof the experimental school by thecommittee shall be governed inaccordance with the provisions ofcouncil is governed by the education code, as defined by section 120.01,andanyotherstatuteslaw affecting public school districts. Subd. 2. [INDEPENDENT DISTRICT LAW.] Unless otherwise provided in this chapter, thecommittee shallcouncil must operatepursuantaccording 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 andA claim against, or a contractobligations entered into byobligation of, the school board of independent school district No. 309prior toarising before the effective date of the transfer to thecommittee shall remaincouncil remains theobligationsresponsibility of independent school district No. 309. 128B.08 [REPORTS TO LEGISLATURE.]Prior toBefore December 1 of each year thecommittee shallcouncil must submit a report to the legislaturea report ofon the experimental school established by this chapter.SuchThe reportshallmust 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 beterminated uponended on unanimous vote of the officers of thecommitteecouncil and 30daysdays' notice to the school board of independent school district No. 309,whereupon. Then the school board of independent school district No. 309shallmust resumethe care,management, and controlof the entire district on the next July 1following. 128B.10 [REPEALER.] This chapter is repealed July 1, 1989. Sec. 4. Minnesota Statutes 1988, chapter 129, is amended to read:SCHOOL BOARDS; MISCELLANEOUS POWERSLAND EXCHANGES; BORDER AGREEMENTS; STATE HIGH SCHOOL LEAGUE LAND EXCHANGES BY DISTRICTS IN CHIPPEWA FOREST 129.03 [ TAX-FORFEITED LANDS, ACQUISITIONEXCHANGE 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)AnyThe school board of a school districtis authorizedto acquire by action of its school board, without authorizationby the voters of the school district, tax-forfeited lands forthe purpose of exchanging such landsmay acquire tax-forfeited land to exchange it with the federal government for real or personal federal property, real or personal situated within theboundaries ofin the school district. 129.04 [VALIDATIONPRE-1955 CONVEYANCE IS VALID.]The acquisition heretofore by any school district oftax-forfeited lands for the purpose of exchanging such landswith the federal government for federal property, real orpersonal, situated within the boundaries of the school districtis ratified and approved and the conveyance of the title of thestate of Minnesota to any such tax-forfeited land to a schooldistrict 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 [ AGREEMENTSWITHDISTRICTSDISTRICT INOTHERSTATESBORDERING STATE.] Subdivision 1. [TO BUILD, RUN SCHOOL JOINTLY.] The school board ofanya school districtwith boundariesadjoiningbordering another state may enter into an agreementand contractwith the school board of a school district insuchadjoiningthe other state toprovide for the joint erection,operation and maintenance oferect, operate, and maintain school facilitiesfor both districts upon such terms and conditions asmay be mutually agreed upon between such districts in accordancewith the provisions ofjointly. Subd. 1a. [COMPLY WITH THIS SECTION.] The agreement must comply with this section. Subd. 2. [COMMISSIONER TO SET TERMS, APPROVE.]AnThe agreementproposed for adoption by a school board under thissection shallmust be in the form and containsuchthe termsas may beprescribed by the Minnesota commissioner of educationfrom time to time byin a published orderand no. An agreementshallcannot be submitted to a referendum by the people under subdivision 3unless it has first been approvedbyuntil the commissionerof education in writinghas approved it by endorsementthereonon its face. Subd. 3. [REFERENDUM.]An approvedThe endorsed agreementshallmust be submitted in the manner provided by law to theelectoratevoters of the school district. The referendum may be held at a special election called for the purpose or at an annual electionin the manner provided by law. Subd. 3a. [BALLOT LANGUAGE.]The question on the ballot atsuch election shall beThese words or words with the same effect must be on the ballot: "Shall the proposed agreement between thisYour school districtandproposes to make an agreement with school district number ..... in ..... county, state of .....as approved byto erect, operate, and maintain school facilities jointly. The Minnesota commissioner of educationby endorsement dated .....be executedapproves of the agreement. Do you approve of the agreement? YES ..... NO ......" Subd. 4. [FACILITIES IN EITHER STATE.] Facilities erected and maintainedpursuant tounder theterms of theagreement may belocatedineitherMinnesota orsuch adjoiningthe other state. Subd. 5. [BORROWERBORROW, TAX, ISSUE BONDS.] To do what the agreement calls for, the Minnesota school districtenteringsuchmaking the agreement may borrow money, levy taxesand, issue bonds, and use the proceedsthereof in accordance with andsubject to the limitations ofof the bonds. Chapter 475forpurposes of the agreementmust be followed. STATE HIGH SCHOOL LEAGUE 129.121 [STATE HIGH SCHOOL LEAGUEFORM, MAKEUP, DELEGATION, BOARD MEMBERSHIP.] Subdivision 1. [VOLUNTARY ASSOCIATION.]The governingboard of any high school may delegate the control, supervision,and regulation of interscholastic athletics and otherextracurricular activities referred to in section 123.38 toThe Minnesota state high school league,is a nonprofitincorporatedcorporation that is a voluntary association of high schools.Membership in said Minnesota state high schoolA high school that is a school under section 120.101, subdivision 4, may be a member of the league. The leagueshall be composed ofsuch Minnesotais made up of high schools whose governing boards havecertified in writing todelegated 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 thestatecommissioner of educationthat they have elected to delegate thecontrol, supervision, and regulation of their interscholasticathletic events and other extracurricular activities to saidleague. 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.] TheMinnesotastate high school leagueis hereby empowered to exercise themay control, supervision, and regulation of interscholasticathletics, musical, dramatic, and othercontests by and between pupils of the Minnesota high schools,that are delegated to itpursuant tounder this section.The Minnesota high schoolleague may establish a policy or guidelines for the guidance ofmember high schools in the formation or alteration of athleticor other extracurricular conferences. Except as otherwiseprovided by subdivision 1a, the formation or alteration ofconferences 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 officiois a nonvoting memberofthe governing body of the Minnesota state high schoolleague.The governing board must include the following members:(2) The governor must appoint four membersof 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 thegovernor underaccording 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 principalsselected by the association; andmust appoint two of its members. (4) The remaining 14 membersselectedmust be selected according to league bylaws.The board shall establish and adoptpolicies, make decisions on behalf of the league, and establishadvisory 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 reimbursedonly 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 leagueshall beare exempt fromthe provisions ofsections 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 leagueshallmay 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 leagueis specificallyprohibited from havingcannot have credit cards. Subd. 3. [DIRECTOR'S EXPENSE ACCOUNT.] The executive director of the leagueshallmay have a department head expense account. The account is subject to the same limits and guidelines asthose providedthe same account for the commissioner of education. The executive directorshallexpendmay spend moneyfor entertainment or reimbursement ofto entertain from this account only. The executive director may reimburse the expenses of guests of the leagueonlyfrom 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 boardshall establishmust have a policy on the use of automobiles by league staffandshall. The board must show annually howleaguethe policyonthe use of automobilesis 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 membershipfor schools in athletic or other extracurricular conferences tothe extent and in the manner provided by this subdivision.After notice and an opportunity for participation by leaguemembers at a public hearing, the league shall develop criteriato arrange membership in athletic or other extracurricularconferences for schools that make a written request pursuant tothis subdivision. The criteria shall include, at least, thedistance to be traveled by competing schools, the relativeenrollments of the schools, and the comparability of athletic orother extracurricular activities in the schools.Within 90 days after receiving a written request from amember high school, the league shall, following the criteriadeveloped pursuant to this subdivision, arrange membership in anathletic or other extracurricular conference for any high schoolthat (1) lacks membership in a conference because of involuntaryexclusion from a conference or because of the dissolution of aconference and (2) has made its own good faith attempts for atleast 180 days to obtain membership in a conference. The 180days run from the date of the member school's first writtenrequest to join or rejoin a conference. When arrangingconference membership for a school, the league shall notify theschool seeking membership and all schools already in a proposedconference that, upon request of a notified school, a publichearing on the proposed conference membership will be held in atimely manner. The school seeking conference membership and theschools already in a proposed conference are bound by theleague's final decision under this subdivision on a matter ofconference membershipA 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.]Anyschool board is hereby authorized to expend money for and paydues to the Minnesota state high school league andThe state auditor annually must examine the accounts of, and audit all money paid tosuch, the state high school leagueas well as,by its members. The state auditor must also audit all money derived from anycontest or otherevent sponsored bysaidthe league, shall be subject to an annual examination and audit bythe state auditor. Subd. 2. [FINANCIAL AND COMPLIANCE AUDIT TO LEGISLATURE.] Each year by September 1, the state auditorshallmust provide a financial and compliance audit to the legislaturedetailing. The audit must detail the general financial condition and general status of the league as of July 31 of the yearprecedingbefore the filing of the audit. Subd. 3. [COPIES.] The state auditor must file copies of the audit reportmust be filedwith 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 forthe three preceding years andthe current year and the three years before the current year and the percent and dollardifference inchange from the year before each ofthesethe four years.The following items must be audited in eachinstance: revenuesRevenue items from student activities, membership dues, publications, registration of officials and judges, interest, automobile sales,; and from otherrevenuessources including medals, refunds, and reimbursements; andexpendituresmust be audited annually. Expenditure items related to staff, the board of directors, student activities, capital outlay, and office and otherexpenditurespurposes including membership services must be audited annually. Subd. 5. [LEAGUE TO PAY FOR AUDIT.] The league must paythe state auditorfor thecosts of theaudit. [129.126] [EMPLOYMENT.]Subd. 2aSubdivision 1. [EMPLOYMENTAFFIRMATIVE ACTION.] The state high school league must adopt an affirmative action policy. The reason for the policy is to ensure thatemploymentpositionsjobs within the league are equally accessible to all qualified personsand. The policy is also needed to eliminatethe underutilizationunderemployment by the league of the protected groupsasthat are defined in section 43A.02, subdivision 33. Subd. 2. [RECRUITING.] The leagueshallmust actively and publicly recruit qualified people to become its employeesof theleague.It shallThe league must give special emphasis to recruiting members of protected groups. The leagueshallmust 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 leagueshallmust keep each application for at least six months andshallmust notify an applicant when a position, for which the applicant is qualified, becomes available. Subd.2b3. [EQUITABLE COMPENSATION RELATIONSHIPSCOMPARABLE WORTH.] The leagueshall be treated asis a political subdivisionfor purposes ofunder 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.NoA cause of action against the leaguearisesdoes not arise before August 1, 1989, for failure to comply withtherequirements ofsections 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 tothe provisions ofchapter 13. [129.128] [COMMISSIONER TO REPORT ON LEAGUE TO LEGISLATURE.]Subd. 3.Subdivision 1. [ANNUALLY.] The commissioner of educationshall make amust report to the legislatureon orbefore each regular sessionthereof, as toon 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 byitsleague activities.Subd. 4. Membership in the Minnesota state high schoolleague shall be open to any high school in Minnesota whichsatisfies compulsory attendance pursuant to section 120.10.[129.129] [LEAGUE MUST HAVE OPEN MEETINGS.]Subd. 5.For the purposes of section 471.705, theMinnesotastate high school leagueshall be deemed to beis 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