1997 Minnesota Statutes

     122.91 Education district establishment. 

    Subdivision 1.    Purpose.  The purpose of an education 
 district is to increase educational opportunities for learners 
 by increasing cooperation and coordination among school 
 districts, other governmental units, and post-secondary 
 institutions, and to replace other existing cooperative 
 structures. 

    Subd. 2.    Agreement.  School boards meeting the 
 requirements of subdivision 3 may enter into a written agreement 
 to establish an education district.  Once established, cities, 
 counties, and other governmental units as defined in section 
 471.59, may become members of the education district.  The 
 agreement and subsequent amendments must be adopted by majority 
 vote of the full membership of each board.  

    Subd. 2a.    Agreement; special provisions.  The 
 education district agreement may contain a special provision 
 adopted by the vote of a majority of the full membership of each 
 of the boards of the member school districts to allow a 
 post-secondary institution or cities, counties, and other 
 governmental units to become a member of the education district. 

    Subd. 3.    Requirements for formation.  An education 
 district must have one of the following at the time of formation:

    (1) at least five districts; 

    (2) at least four districts with a total of at least 5,000 
 pupils in average daily membership; or 

    (3) at least four districts with a total of at least 2,000 
 square miles.  

    Members of an education district must be contiguous.  
 Districts with a cooperation agreement according to section 
 122.541 may belong to an education district only as a unit.  

    A noncontiguous district may be a member of an education 
 district if the state board of education determines that: 

    (1) a district between the education district and the 
 noncontiguous district has considered and is unwilling to become 
 a member; or 

    (2) a noncontiguous configuration of member districts has 
 sufficient technological or other resources to offer effective 
 levels of programs and services. 

    Subd. 3a.    Meeting with representatives.  Before 
 entering into an agreement, the school board of each member 
 district must meet and confer with the exclusive representatives 
 of the teachers of each school district proposing to enter the 
 education district. 

    Subd. 4.    Notice and hearing.  Before entering into an 
 agreement, the school board of each member district shall 
 publish at least once in a newspaper of general circulation in 
 the district a summary of the proposed agreement and its effect 
 upon the district.  The board shall conduct a public hearing on 
 the proposed agreement not more than ten days after the notice 
 and at least 30 days before entering into an agreement.  

    Subd. 5. Repealed, 1994 c 647 art 6 s 42 

    Subd. 6.    Service cooperatives.  If requested, service 
 cooperatives shall provide assistance to districts in 
 establishing education districts.  The assistance may include 
 determination of appropriate boundaries of the education 
 district and development of the agreement.  The service 
 cooperatives may provide any other services requested by the 
 education district. 

    Subd. 7. Repealed, 1991 c 265 art 6 s 67; 1992 c 499 art 
 6 s 31; 1994 c 647 art 6 s 42 

    HIST: 1987 c 398 art 8 s 2; 1988 c 718 art 6 s 3; 1989 c 329 
 art 6 s 19-23; 1990 c 562 art 6 s 8,9; 1991 c 265 art 6 s 19; 
 1994 c 647 art 6 s 42; art 13 s 2; 1Sp1995 c 3 art 9 s 13-15; 
 1996 c 305 art 1 s 138