1997 Minnesota Statutes

   123.35 General powers of independent school districts. 

    Subdivision 1.  The board shall have the general charge of 
 the business of the district, the school houses, and of the 
 interests of the schools thereof.  The board's authority to 
 conduct the business of the district includes implied powers in 
 addition to any specific powers granted by the legislature. 

    Subd. 2.  It shall be the duty and the function of the 
 district to furnish school facilities to every child of school 
 age residing in any part of the district.  The board may 
 establish and organize and alter and discontinue such grades or 
 schools as it may deem advisable and assign to each school and 
 grade a proper number of pupils.  The board shall provide free 
 textbooks for the pupils of the district. 

    Subd. 3.  The voters of a district may authorize the 
 issuance of bonds of the district in accordance with the 
 provisions of chapter 475. 

    Subd. 4.  The board shall provide by levy of tax necessary 
 funds for the conduct of schools, the payment of indebtedness, 
 and all proper expenses of the district. 

    Subd. 5.  The board shall employ and contract with 
 necessary qualified teachers and discharge the same for cause.  
 The board shall not hire a substitute teacher except:  

    (a) For a duration of time of less than one school year to 
 replace a regular teacher who is absent; or 

    (b) For a duration of time equal to or greater than one 
 school year to replace a regular teacher on a leave of absence.  

    If a substitute teacher is hired pursuant to clause (b), 
 each full school year during which the teacher is employed by a 
 district pursuant to that clause shall be deemed one year of the 
 teacher's probationary period of employment pursuant to either 
 section 125.12, subdivision 3, or 125.17, subdivision 2.  The 
 teacher shall be eligible for continuing contract status 
 pursuant to section 125.12, subdivision 4, or tenure status 
 pursuant to section 125.17, subdivision 3, after completion of 
 the applicable probationary period.  

    Subd. 6.  The board may employ and discharge necessary 
 employees and may contract for other services. 

    Subd. 7.  The board may provide library facilities as part 
 of its school equipment according to the standards of the state 
 board of education. 

    Subd. 8.  The board may establish and maintain public 
 evening schools and adult and continuing education programs and 
 such evening schools and adult and continuing education programs 
 when so maintained shall be available to all persons over 16 
 years of age who, from any cause, are unable to attend the 
 full-time elementary or secondary schools of such district. 

    Subd. 8a.  The board may permit a person who is over the 
 age of 21 or who has graduated from high school to enroll as a 
 part-time student in a class or program at a secondary school if 
 there is space available.  In determining if there is space 
 available, full-time public school students, shared-time 
 students, and students returning to complete a regular course of 
 study shall be given priority over part-time students seeking 
 enrollment pursuant to this subdivision.  The following are not 
 prerequisites for enrollment:  

    (a) residency in the school district; 

    (b) United States citizenship; or 

    (c) for a person over the age of 21, a high school diploma 
 or equivalency certificate.  A person may enroll in a class or 
 program even if that person attends evening school, an adult or 
 continuing education, or a post-secondary educational program or 
 institution.  

    Subd. 8b.  Notwithstanding the provisions of sections 
 120.06 and 120.74, a board may charge a part-time student a 
 reasonable fee for a class or program.  

    Subd. 8c.  A district may not count a person enrolled 
 pursuant to subdivision 8a as a pupil unit or a pupil in average 
 daily membership for the purpose of receiving any state aid.  

    Subd. 9.  The board may establish and maintain one or more 
 kindergartens for the instruction of children and after July 1, 
 1974, shall provide kindergarten instruction for all eligible 
 children, either in the district or in another district.  All 
 children to be eligible for kindergarten must be at least five 
 years of age on September 1 of the calendar year in which the 
 school year commences.  In addition all children selected under 
 an early admissions policy established by the school board may 
 be admitted.  Nothing in this section shall prohibit a school 
 district from establishing head start, prekindergarten, or 
 nursery school classes for children below kindergarten age.  Any 
 school board with evidence that providing kindergarten will 
 cause an extraordinary hardship on the school district may apply 
 to the commissioner of children, families, and learning for an 
 exception. 

    Subd. 9a.    Summer school classes.  The board may 
 establish and maintain summer school programs and intersession 
 classes of flexible school year programs.  

    Subd. 9b.    Services for Indian students.  School 
 districts may enter into agreements with Indian tribal 
 governments for purposes of providing educational services for 
 students.  Such agreements may allow for the use of any 
 resources available to either party and must give students the 
 option to enroll in the school district at their election. 

    Subd. 10.  The board shall furnish free textbooks to all 
 pupils. 

    Subd. 11.  The board may furnish school lunches for pupils 
 and teachers on such terms as it determines. 

    Subd. 12.  At the request of an employee and as part of the 
 employee's compensation arrangement, the board may purchase an 
 individual annuity contract for an employee for retirement or 
 other purposes and may make payroll allocations in accordance 
 with such arrangement for the purpose of paying the entire 
 premium due and to become due under such contract.  The 
 allocation shall be made in a manner which will qualify the 
 annuity premiums (or a portion thereof) for the benefit afforded 
 under section 403(b) of the current Federal Internal Revenue 
 Code or any equivalent provision of subsequent federal income 
 tax law.  The employee shall own such contract and the 
 employee's rights thereunder shall be nonforfeitable except for 
 failure to pay premiums.  Section 125.12 shall not be applicable 
 hereto and the board shall have no liability thereunder because 
 of its purchase of any individual annuity contracts.  This 
 statute shall be applied in a nondiscriminatory manner to 
 employees of the school district. 

    Subd. 13.  The board may by agreements with teacher 
 preparing institutions arrange for classroom experience in the 
 district for practice or student teachers who have completed not 
 less than two years of an approved teacher education program.  
 Such practice teachers shall be provided with appropriate 
 supervision by a fully qualified teacher under rules promulgated 
 by the board and shall be deemed employees of the school 
 district in which they are rendering services for purposes of 
 workers' compensation; liability insurance, if provided for 
 other district employees in accordance with section 123.41; and 
 legal counsel in accordance with the provisions of section 
 127.03. 

    Subd. 14. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22 

    Subd. 15.  When payment of a claim cannot be deferred until 
 the next board meeting without loss to the district of a 
 discount privilege, or when payment of a claim cannot be 
 deferred until the next board meeting because of contract terms, 
 purchase order terms, or a vendor's standard terms which are 
 part of the contract, the claim may be paid prior to board 
 approval, providing that the board: 

    (a) Has delegated authority to the clerk or a designated 
 business administrator to make a payment prior to board approval 
 and 

    (b) Requires that payment made prior to board approval be 
 acted upon at the next board meeting. 

    Payment prior to board approval shall not affect the right 
 of the district or a taxpayer to challenge the validity of a 
 claim. 

    Subd. 16. Repealed, 1988 c 626 s 3 

    Subd. 17.    School health services.  (a) Every school 
 board must provide services to promote the health of its pupils. 

    (b) The board of a district with 1,000 pupils or more in 
 average daily membership in early childhood family education, 
 preschool handicapped, elementary, and secondary programs must 
 comply with the requirements of this paragraph.  It may use one 
 or a combination of the following methods: 

    (1) employ personnel, including at least one full-time 
 equivalent licensed school nurse or continue to employ a 
 registered nurse not yet certified as a public health nurse as 
 defined in section 145A.02, subdivision 18, who is enrolled in a 
 program that would lead to certification within four years of 
 August 1, 1988; 

    (2) contract with a public or private health organization 
 or another public agency for personnel during the regular school 
 year, determined appropriate by the board, who are currently 
 licensed under chapter 148 and who are certified public health 
 nurses; or 

    (3) enter into another arrangement approved by the 
 commissioner.  

    Subd. 18.    Noncustodial parent access to records.  
 Upon request, a noncustodial parent has the right of access to, 
 and to receive copies of, school records and information, to 
 attend conferences, and to be informed about the child's 
 welfare, educational progress, and status, as authorized under 
 section 518.17, subdivision 3.  The school is not required to 
 hold a separate conference for each parent. 

    Subd. 19. Repealed, 1992 c 499 art 6 s 39; art 12 s 30 

    Subd. 19a.    Limitation on participation and financial 
 support.  (a) No school district shall be required by any type 
 of formal or informal agreement except an agreement to provide 
 building space according to paragraph (f), including a joint 
 powers agreement, or membership in any cooperative unit defined 
 in subdivision 19b, paragraph (d), to participate in or provide 
 financial support for the purposes of the agreement for a time 
 period in excess of one fiscal year, or the time period set 
 forth in this subdivision.  Any agreement, part of an agreement, 
 or other type of requirement to the contrary is void. 

    (b) This subdivision shall not affect the continued 
 liability of a school district for its share of bonded 
 indebtedness or other debt incurred as a result of any agreement 
 before July 1, 1993.  The school district is liable only until 
 the obligation or debt is discharged and only according to the 
 payment schedule in effect on July 1, 1993, except that the 
 payment schedule may be altered for the purpose of restructuring 
 debt or refunding bonds outstanding on July 1, 1993, if the 
 annual payments of the school district are not increased and if 
 the total obligation of the school district for its share of 
 outstanding bonds or other debt is not increased. 

    (c) To cease participating in or providing financial 
 support for any of the services or activities relating to the 
 agreement or to terminate participation in the agreement, the 
 school board shall adopt a resolution and notify other parties 
 to the agreement of its decision on or before February 1 of any 
 year.  The cessation or withdrawal shall be effective June 30 of 
 the same year except that for a member of an education district 
 organized under sections 122.91 to 122.95 or an intermediate 
 district organized under chapter 136D, cessation or withdrawal 
 shall be effective June 30 of the following fiscal year.  At the 
 option of the school board, cessation or withdrawal may be 
 effective June 30 of the following fiscal year for a district 
 participating in any type of agreement.  

    (d) Before issuing bonds or incurring other debt, the 
 governing body responsible for implementing the agreement shall 
 adopt a resolution proposing to issue bonds or incur other debt 
 and the proposed financial effect of the bonds or other debt 
 upon each participating district.  The resolution shall be 
 adopted within a time sufficient to allow the school board to 
 adopt a resolution within the time permitted by this paragraph 
 and to comply with the statutory deadlines set forth in sections 
 122.895, 125.12, and 125.17.  The governing body responsible for 
 implementing the agreement shall notify each participating 
 school board of the contents of the resolution.  Within 120 days 
 of receiving the resolution of the governing body, the school 
 board of the participating district shall adopt a resolution 
 stating: 

    (1) its concurrence with issuing bonds or incurring other 
 debt; 

    (2) its intention to cease participating in or providing 
 financial support for the service or activity related to the 
 bonds or other debt; or 

    (3) its intention to terminate participation in the 
 agreement. 

    A school board adopting a resolution according to clause 
 (1) is liable for its share of bonded indebtedness or other debt 
 as proposed by the governing body implementing the agreement.  A 
 school board adopting a resolution according to clause (2) is 
 not liable for the bonded indebtedness or other debt, as 
 proposed by the governing body, related to the services or 
 activities in which the district ceases participating or 
 providing financial support.  A school board adopting a 
 resolution according to clause (3) is not liable for the bonded 
 indebtedness or other debt proposed by the governing body 
 implementing the agreement. 

    (e) After July 1, 1993, a district is liable according to 
 paragraph (d) for its share of bonded indebtedness or other debt 
 incurred by the governing body implementing the agreement to the 
 extent that the bonds or other debt are directly related to the 
 services or activities in which the district participates or for 
 which the district provides financial support.  The district has 
 continued liability only until the obligation or debt is 
 discharged and only according to the payment schedule in effect 
 at the time the governing body implementing the agreement 
 provides notice to the school board, except that the payment 
 schedule may be altered for the purpose of refunding the 
 outstanding bonds or restructuring other debt if the annual 
 payments of the district are not increased and if the total 
 obligation of the district for the outstanding bonds or other 
 debt is not increased. 

    (f) A school district that is a member of a cooperative 
 unit as defined in subdivision 19b, paragraph (d), may obligate 
 itself to participate in and provide financial support for an 
 agreement with a cooperative unit to provide school building 
 space for a term not to exceed two years with an option on the 
 part of the district to renew for an additional two years. 

    Subd. 19b.    Withdrawing from cooperative.  If a school 
 district withdraws from a cooperative unit defined in paragraph 
 (d), the distribution of assets and assignment of liabilities to 
 the withdrawing district shall be determined according to this 
 subdivision. 

    (a) The withdrawing district remains responsible for its 
 share of debt incurred by the cooperative unit according to 
 subdivision 19a.  The school district and cooperative unit may 
 mutually agree, through a board resolution by each, to terms and 
 conditions of the distribution of assets and the assignment of 
 liabilities.  

    (b) If the cooperative unit and the school district cannot 
 agree on the terms and conditions, the commissioner of children, 
 families, and learning shall resolve the dispute by determining 
 the district's proportionate share of assets and liabilities 
 based on the district's enrollment, financial contribution, 
 usage, or other factor or combination of factors determined 
 appropriate by the commissioner.  The assets shall be disbursed 
 to the withdrawing district in a manner that minimizes financial 
 disruption to the cooperative unit.  

    (c) Assets related to an insurance pool shall not be 
 disbursed to a member district under paragraph (b). 

    (d) For the purposes of this section, a cooperative unit is:

    (1) an education district organized under sections 122.91 
 to 122.95; 

    (2) a cooperative vocational center organized under section 
 123.351; 

    (3) an intermediate district organized under chapter 136D; 

    (4) a service cooperative organized under section 123.582; 
 or 

    (5) a regional management information center organized 
 under section 121.935 or as a joint powers district according to 
 section 471.59. 

    Subd. 19c.    Jointly owned facilities.  Notwithstanding 
 subdivision 19a, if a school district and a city jointly own a 
 building or site, the district and the city may enter into an 
 agreement that extends beyond the end of the fiscal year to pay 
 operating costs for that building or site. 

    Subd. 20.    Legal counsel; reimbursement.  If 
 reimbursement is requested by a school district employee, the 
 board may, after consulting with its legal counsel, reimburse 
 the employee for any costs and reasonable attorney fees incurred 
 by the person to defend criminal charges brought against the 
 person arising out of the performance of duties for the school 
 district.  A board member who is a witness or an alleged victim 
 in the case may not vote on the reimbursement.  If a quorum of 
 the board is disqualified from voting on the reimbursement, the 
 reimbursement shall be approved by a judge of the district court.

    Subd. 21.    Appeal to commissioner.  If a cooperative 
 unit as defined in subdivision 19b, paragraph (d), denies 
 membership in the unit to a school district, the school district 
 may appeal to the commissioner of children, families, and 
 learning.  The commissioner may require the cooperative unit to 
 grant the district membership. 

    HIST: Ex1959 c 71 art 4 s 17; 1961 c 225 s 1; 1967 c 173 s 2; 
 1969 c 21 s 1; 1969 c 104 s 1; 1973 c 491 s 1; 1975 c 359 s 23; 
 1978 c 616 s 5; 1979 c 334 art 6 s 9; 1980 c 609 art 6 s 16; 
 1981 c 194 s 1; 1981 c 358 art 7 s 22; 1982 c 548 art 6 s 4; 
 1986 c 444; 1987 c 309 s 24; 1987 c 398 art 7 s 20; 1988 c 626 s 
 1; 1988 c 668 s 2; 1988 c 718 art 7 s 21; 1991 c 265 art 6 s 22; 
 art 9 s 36; 1992 c 499 art 12 s 8; 1993 c 224 art 12 s 16; art 
 13 s 17; 1994 c 647 art 6 s 11-13; 1Sp1995 c 3 art 9 s 20; art 
 16 s 13; 1996 c 412 art 3 s 10; art 6 s 1; 1Sp1997 c 4 art 6 s 
 7; art 7 s 4