1997 Minnesota Statutes

   123.36 Schoolhouses and sites; access for noncurricular 
  purposes. 

    Subdivision 1.  According to section 124.91, subdivision 1, 
 or 465.71, when funds are available therefor, the board may 
 locate and acquire necessary sites of schoolhouses or 
 enlargements, or additions to existing schoolhouse sites by 
 lease, purchase or condemnation under the right of eminent 
 domain; it may erect schoolhouses thereon; it may erect or 
 purchase garages for district-owned school buses.  When property 
 is taken by eminent domain by authority of this subdivision when 
 needed by the school district for such purposes, the fact that 
 the property so needed has been acquired by the owner under the 
 power of eminent domain or is already devoted to public use, 
 shall not prevent its acquisition by the school district.  The 
 board may sell or exchange schoolhouses or sites, and execute 
 deeds of conveyance thereof. 

    Subd. 2. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 3. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 4. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 4a. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 5.  The board may authorize the use of any 
 schoolhouses in the district for divine worship, Sunday schools, 
 public meetings, elections, post-secondary instruction, and 
 other community purposes that, in its judgment, will not 
 interfere with their use for school purposes.  Before permitting 
 any of these uses, the board may require a cash or corporate 
 surety bond in a reasonable amount conditioned for the proper 
 use of the schoolhouse, payment of all rent, and repair of all 
 damage occasioned by the use.  It may determine a reasonable 
 charge for using the schoolhouse. 

    It may authorize the use of any schoolhouses or buildings 
 owned or leased by the district for primaries, elections, 
 registrations, and related activities if the board determines 
 that the use will not interfere with school purposes.  It may 
 impose reasonable regulations and conditions upon the use as may 
 seem necessary and proper. 

    Subd. 6. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 7.  When necessary, the board may lease rooms or 
 buildings for school purposes. 

    Subd. 8. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 9. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 10.  (a) The board may lease to any person, business, 
 or organization a schoolhouse that is not needed for school 
 purposes, or part of a schoolhouse that is not needed for school 
 purposes if the board determines that leasing part of a 
 schoolhouse does not interfere with the educational programs 
 taking place in the rest of the building. The board may charge 
 and collect reasonable consideration for the lease and may 
 determine the terms and conditions of the lease. 

    (b) In districts with outstanding bonds, the net proceeds 
 of the lease shall be first deposited in the debt retirement 
 fund of the district in an amount sufficient to meet when due 
 that percentage of the principal and interest payments for 
 outstanding bonds that is ascribable to the payment of expenses 
 necessary and incidental to the construction or purchase of the 
 particular building or property that is leased.  Any remaining 
 net proceeds in these districts may be deposited in either the 
 debt redemption fund or capital expenditure fund.  All net 
 proceeds of the lease in districts without outstanding bonds 
 shall be deposited in the capital expenditure fund of the 
 district. 

    (c) The board may make capital improvements, including 
 fixtures, to a schoolhouse or a portion thereof, not exceeding 
 in cost the replacement value of the schoolhouse, to facilitate 
 its rental, and the lease of an improved schoolhouse, or part of 
 it, shall provide for rentals which will recover the cost of the 
 improvements over the initial term of the lease.  
 Notwithstanding clause (b), the portion of the rentals 
 representing the cost of the improvements shall be deposited in 
 the capital expenditure fund of the district and the balance of 
 the rentals shall be used as provided in clause (b). 

    Subd. 11.  The board may close a schoolhouse only after a 
 public hearing on the question of the necessity and 
 practicability of the proposed closing.  Published notice of the 
 hearing shall be given for two weeks in the official newspaper 
 of the district.  The time and place of the meeting, the 
 description and location of the schoolhouse, and a statement of 
 the reasons for the closing shall be specified in the notice.  
 Parties requesting to give testimony for and against the 
 proposal shall be heard by the board before it makes a final 
 decision to close or not to close the schoolhouse. 

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

    Subd. 13.    Proceeds of sale or exchange.  Proceeds of 
 the sale or exchange of school buildings or real property of the 
 school district shall be used as provided in this subdivision. 

    (a) In districts with outstanding bonds, the proceeds of 
 the sale or exchange shall first be deposited in the debt 
 retirement fund of the district in an amount sufficient to meet 
 when due that percentage of the principal and interest payments 
 for outstanding bonds which is ascribable to the payment of 
 expenses necessary and incidental to the construction or 
 purchase of the particular building or property which is sold.  

    (b) After satisfying the requirements of paragraph (a), a 
 district with outstanding bonds may deposit proceeds of the sale 
 or exchange in its capital expenditure fund if the amount 
 deposited is used for the following:  

    (1) for expenditures for the cleanup of polychlorinated 
 biphenyls, if the method for cleanup is approved by the 
 department of children, families, and learning; 

    (2) for capital expenditures for the betterment, as defined 
 in section 475.51, subdivision 8, of district-owned school 
 buildings; or 

    (3) to replace the building or property sold.  

    (c) In a district with outstanding bonds, the amount of the 
 proceeds of the sale or exchange remaining after the application 
 of paragraphs (a) and (b), which is sufficient to meet when due 
 that percentage of the principal and interest payments for the 
 district's outstanding bonds which is not governed by paragraph 
 (a), shall be deposited in the debt retirement fund.  

    (d) Any proceeds of the sale or exchange remaining in 
 districts with outstanding bonds after the application of 
 paragraphs (a), (b), and (c), and all proceeds of the sale or 
 exchange in districts without outstanding bonds shall be 
 deposited in the capital expenditure fund of the district. 

    (e) Notwithstanding paragraphs (b) and (c), a district with 
 outstanding bonds may deposit in its capital expenditure fund 
 and use for any lawful capital expenditure without the reduction 
 of any levy limitation the same percentage of the proceeds of 
 the sale or exchange of a building or property as the percentage 
 of the initial cost of purchasing or constructing the building 
 or property which was paid using revenue from the capital 
 expenditure fund.  

    Subd. 14.    Asbestos removal and polychlorinated 
 biphenyls cleanup.  Notwithstanding any law to the contrary, 
 school districts may, without an election, enter into contracts 
 extending beyond the end of the fiscal year to pay the costs of 
 removal or encapsulation of asbestos or cleanup of 
 polychlorinated biphenyls found in school buildings or on school 
 property.  

    Subd. 15.    Use of buildings by lower grades.  (a) In 
 addition to the protections provided in existing building and 
 fire code rules and standards, the following alternatives apply 
 for existing school buildings: 

    (1) rooms occupied by preschool, kindergarten, and first 
 and second grade students for classrooms, latchkey, day care, 
 early childhood family education or teen parent or similar 
 programs may be located on any floor level below the fourth 
 story of a school building if the building is protected 
 throughout by a complete automatic sprinkler system and a 
 complete automatic fire alarm system consisting of automatic 
 smoke detection throughout the exit system and approved smoke 
 detection in all rooms and areas other than classrooms and 
 offices; 

    (2) rooms used by preschool, kindergarten, or first grade 
 students for classrooms, latchkey, day care, early childhood 
 family education or teen parent or similar programs, must be 
 located on the story of exit discharge, and rooms used by second 
 grade students, for any purpose, must be located on the story of 
 exit discharge or one story above unless one of the following 
 conditions is met: 

    (i) a complete automatic sprinkler system is provided 
 throughout the building, the use of the affected room or space 
 is limited to one grade level at a time, and exiting is provided 
 from the affected room or space which is independent from the 
 exiting system used by older students; or 

    (ii) a complete approved automatic fire alarm system is 
 installed throughout the building consisting of automatic smoke 
 detection throughout the exit system and approved detection in 
 all rooms and areas other than classrooms and offices, the use 
 of the affected room or space is limited to one grade level at a 
 time and exiting is provided from the affected room or space 
 which is independent from the exiting system used by older 
 students. 

    (b) For purposes of paragraph (a), clause (2), pupils from 
 second grade down are considered one grade level. 

    (c) Accessory spaces, including gymnasiums, cafeterias, 
 media centers, auditoriums, libraries, and band and choir rooms, 
 which are used on an occasional basis by preschool, 
 kindergarten, and first and second grade students are permitted 
 to be located one level above or one level below the story of 
 exit discharge, provided the building is protected throughout by 
 a complete automatic sprinkler system or a complete approved 
 corridor smoke detection system. 

    (d) Paragraphs (a) and (c) supersede any contrary 
 provisions of the state fire code or state building code and 
 rules relating to those codes must be amended by the state 
 agencies having jurisdiction of them. 

    (e) Paragraphs (a) to (d) are effective for new school 
 buildings beginning July 1, 1994. 

    HIST: Ex1959 c 71 art 4 s 18; 1973 c 123 art 5 s 7; 1975 c 59 
 s 1; 1975 c 199 s 1; 1976 c 168 s 1; 1976 c 239 s 32; 1978 c 706 
 s 16; 1979 c 295 s 1; 1980 c 609 art 6 s 17,18; 1981 c 358 art 6 
 s 13; 1983 c 314 art 6 s 5,6; art 7 s 20; 1984 c 463 art 7 s 
 9,10; 1985 c 279 s 1; 1Sp1985 c 12 art 7 s 14; 1986 c 444; 1987 
 c 398 art 7 s 21; 1989 c 222 s 9; 1989 c 329 art 5 s 3,4; 1990 c 
 562 art 7 s 4; art 8 s 23; 1991 c 130 s 37; 1992 c 499 art 12 s 
 29; 1993 c 224 art 5 s 2; 1Sp1995 c 3 art 16 s 13