1997 Minnesota Statutes

     122.243 State board and voter approval. 

    Subdivision 1.    Commissioner approval.  Before 
 submitting the question of combining school districts to the 
 voters at a referendum, the cooperating districts shall submit 
 the proposed combination to the commissioner of children, 
 families, and learning.  The commissioner shall determine the 
 date for submission and may require any information it 
 determines necessary.  The commissioner shall disapprove the 
 proposed combination if it is educationally unsound, will not 
 reasonably enable the combined district to fulfill statutory and 
 rule requirements, or if the plan or modifications are 
 incomplete.  If disapproved by the commissioner, the referendum 
 shall be postponed, but not canceled, by the school boards. 

    Subd. 2.    Voter approval.  A referendum on the 
 question of combination shall be conducted during the first or 
 second year of cooperation for districts that cooperate 
 according to section 122.241, or no more than 18 months before 
 the effective date of combination for districts that do not 
 cooperate.  The referendum shall be on a date called by the 
 school boards.  The referendum shall be conducted by the school 
 boards according to the Minnesota election law, as defined in 
 section 200.01.  If the referendum fails, the same question or a 
 modified question may be submitted.  If the referendum fails 
 again, the districts shall modify their cooperation and 
 combination plan.  A third referendum may be conducted.  If a 
 second or third referendum is conducted after October 1, the 
 newly combined district may not levy under section 124.2725 
 until the following year.  Referendums shall be conducted on the 
 same date in all districts. 

    HIST: 1989 c 329 art 6 s 7; 1990 c 562 art 6 s 5; 1991 c 265 
 art 6 s 13; 1992 c 499 art 6 s 10; 1993 c 224 art 6 s 6; art 13 
 s 15; 1Sp1995 c 3 art 16 s 13