1997 Minnesota Statutes

CHAPTER 123. School districts: powers and duties; service cooperatives

   123.01 Definitions.  

    For purposes of this chapter, the words defined in section 
 120.02 have the same meaning.  

    HIST: Ex1959 c 71 art 4 s 1 

  123.015 Repealed, 1987 art 2 s 14 

  123.02-123.10 MS 1953 Repealed, 1957 c 947 art 9 s 9 

   123.11 Common school districts; meetings, elections. 

    Subdivision 1.  The annual meeting of all common districts 
 shall be held on the last Tuesday in June, at 8:00 p.m., unless 
 a different hour has been fixed at the preceding annual meeting, 
 upon ten days' posted notice given by the clerk, and specifying 
 the matters to come before such meeting; but failure of the 
 clerk to give such notice, or to specify the business to be 
 transacted thereat, shall not affect the validity of any 
 business, except the raising of money to build or purchase a 
 school house, the authorizing of an issue of bonds, the fixing 
 of a school house site, or the organization as an independent 
 district.  At the annual meeting in a common district five legal 
 voters shall constitute a quorum.  The chair and clerk of the 
 board shall officiate in their respective capacities at all 
 meetings of the electors of the district.  In the event of the 
 absence of the chair or clerk, the voters shall elect a chair or 
 clerk pro tem.  The voters shall have the power in an annual 
 meeting to repeal and modify their proceedings.  The polls at 
 all meetings shall be open at least one hour. 

    Subd. 2.  The annual meeting shall have power to elect by 
 ballot officers of the district.  In all elections or vote by 
 ballot, the clerk shall record the names of all voters 
 participating therein and the chair shall appoint two electors 
 who with the assistance of the clerk shall supervise the 
 balloting and canvass the votes.  If any candidates receive an 
 equal number of votes for an office, the board shall resolve the 
 tie by lot.  

    Subd. 3.  Any person desiring to be a candidate for a 
 district office at the annual meeting of the district shall file 
 with the clerk of the district an application to be placed on 
 the ballot for such office, or any five voters of the district 
 may file such application for or on behalf of any qualified 
 voter in the district that they desire shall be such candidate.  
 The application shall be filed not less than 12 days before the 
 annual school district meeting.  The clerk of the district, in 
 the notice of annual meeting, shall state the names of the 
 candidates for whom applications have been filed, failure to do 
 so shall not affect the validity of the election thereafter 
 held.  At the annual meeting of common districts, nomination of 
 candidates for offices may be made from the floor by any 
 qualified voter.  

    Subd. 4.  The clerk shall prepare, at the expense of the 
 district, necessary ballots for the election of officers placing 
 thereon the names of the proposed candidates for such office 
 with a blank space after such names, such ballots shall be 
 marked as official ballots, and the ballots so prepared by the 
 clerk of the district shall be used to the exclusion of all 
 other ballots at such annual meeting or election in the election 
 of officers of the district. 

    Subd. 5.  At the first meeting of each district, the chair 
 shall be elected to hold office until July 1 following the next 
 annual meeting.  The treasurer, until one year from such date, 
 and the clerk until two years from such date.  

    Subd. 6.  A board member elected at an annual meeting upon 
 notice from the clerk, shall, on or before the first Saturday in 
 July, file with the clerk an acceptance of the office and an 
 official oath.  Any person appointed by the board or elected at 
 a special meeting to fill a vacancy shall file in writing an 
 acceptance of the office and an official oath within ten days 
 after the notice of such appointment or election by the clerk.  
 A person who fails to qualify prior to the time specified shall 
 be deemed to have refused to serve, but such filing, if made at 
 any time before action to fill the vacancy has been taken, shall 
 be sufficient.  

    Subd. 7.  Upon the filing of a petition therefor, executed 
 by five eligible voters, as defined in Minnesota election law, 
 of the common district, specifying the business to be acted 
 upon, or upon the adoption of a proper resolution so specifying, 
 signed by a majority of the members of the board, the clerk 
 shall forthwith call a special meeting of the district upon ten 
 days' posted notice and one week's published notice if there be 
 a newspaper printed in the district and specify in the notice 
 the business named in the request or resolution and the time and 
 place of the meeting.  If there be no clerk in the district or 
 if the clerk fails for three days after receiving a request or 
 resolution to give notice of a meeting, it may be called by like 
 notice by five eligible voters, as defined in Minnesota election 
 law, of the district.  No business except that named in the 
 notice shall be transacted at the meeting.  If there are not 
 five eligible voters, as defined in Minnesota election law, or 
 if there is not a board therein, the county auditor may call a 
 special meeting by giving notice thereof as provided in this 
 section.  The voters at a special meeting have power to repeal 
 or modify their proceedings. 

    HIST: Ex1959 c 71 art 4 s 2; 1965 c 33 s 1; 1979 c 29 s 1; 
 1980 c 609 art 6 s 15; 1986 c 444; 1987 c 266 art 2 s 8 

   123.12 Boards of common school districts. 

    Subdivision 1.  The care, management and control of a 
 common district is vested in a board of three members to be 
 known as the school board.  The term of office of a member shall 
 be three years, and until a successor qualifies. The board of 
 each common district shall consist of a chair, a treasurer, and 
 a clerk.  The board may by resolution establish a time and place 
 for regular meeting and no notice of such meeting need be sent 
 to any members of the board. 

    Subd. 2.  The board shall submit to the annual meeting an 
 estimate of the expenses of the district for the coming year for 
 a school term as determined by the board and for such other 
 specified purposes as the board may deem proper.  If such 
 meeting shall fail to vote a sufficient tax to maintain the 
 district for such time, the board shall levy such tax pursuant 
 to and within the limitations of sections 124.226, 124.2716, 
 124.91, 124.912, 124.914, 124.916, and 124.918; but no board 
 shall expend any money or incur any liability for any purpose 
 beyond the sum appropriated by vote of the district for such 
 purpose, or levied by the board pursuant to this subdivision, or 
 on hand and applicable thereto. 

    Subd. 3.  Repealed, 1978 c 706 s 69 

    Subd. 4.  Repealed, 1978 c 706 s 69 

    Subd. 5.  Repealed, 1978 c 706 s 69 

    Subd. 6.  Repealed, 1978 c 706 s 69 

    Subd. 7.  Repealed, 1978 c 706 s 69 

    Subd. 8.  Repealed, 1978 c 706 s 69 

    Subd. 9.  The board shall visit each school at least once 
 every three months. 

    Subd. 10.  Repealed, 1978 c 706 s 69 

    Subd. 11.  Repealed, 1978 c 706 s 69 

    Subd. 12.  Repealed, 1978 c 706 s 69 

    Subd. 13.  Repealed, 1978 c 706 s 69 

    Subd. 14.  At its first meeting following July 1 each year, 
 the board shall designate, by resolution, as the official 
 newspaper of the district, some legal newspaper of general 
 circulation within the district, and contract with such 
 newspaper for its publications.  If there is more than one such 
 newspaper, the board shall let such contract to the lowest 
 responsible bidder at the earliest practicable date.  All 
 notices and proceedings required by law to be published by the 
 board shall be published in the official newspaper so 
 designated.  The fees for such publication shall not exceed the 
 fees for publication of legal notices as prescribed by Minnesota 
 Statutes. 

    Subd. 15.  Repealed, 1978 c 706 s 69 

    HIST: Ex1959 c 71 art 4 s 3; 1967 c 176 s 1; 1978 c 706 s 11; 
 1986 c 444; 1991 c 130 s 37; 1992 c 499 art 12 s 29; 1995 c 212 
 art 4 s 64 

   123.13 Officers of common school districts. 

    Subdivision 1. Repealed, 1978 c 706 s 69 

    Subd. 2.  The treasurer shall receive and be responsible 
 for all money in the district and disburse the same on orders 
 signed by the clerk and countersigned by the chair or other 
 vouchers authorized by law; provided, that, in the event that 
 the chair has been continuously absent from the district for a 
 period of 30 days or more, the treasurer may pay orders without 
 the signature of the chair.  Each order shall state the fund on 
 which it is drawn, the name of the payee, and the nature of the 
 claim for which such order is issued and shall be so drawn that 
 when signed by the treasurer in an appropriate place, it becomes 
 a check on the school district depository.  The treasurer shall 
 keep an account of each fund, and of all receipts and 
 disbursements showing the sources of all receipts and the nature 
 and purpose of disbursements.  The treasurer shall deposit the 
 funds of the district in the official depository in accordance 
 with the provisions of law. 

    Subd. 3.  Repealed, 1978 c 706 s 69 

    Subd. 4.  Repealed, 1978 c 706 s 69 

    Subd. 5.  Repealed, 1978 c 706 s 69 

    Subd. 6.  Repealed, 1978 c 706 s 69 

    Subd. 7.  Repealed, 1978 c 706 s 69 

    HIST: Ex1959 c 71 art 4 s 4; 1965 c 69 s 1; 1973 c 492 s 7; 
 1986 c 444 

   123.14 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  123.14 MS 1976 Repealed, 1978 c 706 s 69 

   123.15 Schoolhouses and sites, common school districts. 

    Subdivision 1.  When authorized by the voters at a regular 
 meeting or at a special meeting called for that purpose, the 
 board may acquire necessary sites for school houses, or 
 enlargements or additions to existing school house sites, by 
 lease, purchase, or condemnation under the right of eminent 
 domain; lease, erect or purchase garages for district-owned 
 school buses; and sell or exchange school houses or sites and 
 execute deeds of conveyances thereof. It may acquire by lease, 
 purchase, or condemnation under eminent domain suitable tracts 
 of land either within or without the district for the purpose of 
 instruction, experimentation, and demonstration in agriculture.  
 In any city, a school site when practicable shall contain at 
 least one block, and, if outside of any city, two acres; and 
 when any school house site shall contain less than such amount 
 the board may, without a vote of the electors, acquire other 
 land adjacent to or near such site to make, with such site, all 
 or part of such amount.  When property is taken by eminent 
 domain by authority of this subdivision, when needed by the 
 district for such purpose, 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 district. 

    Subd. 2.  The annual meeting or election shall have power 
 to designate a site for a school house and provide for building 
 or otherwise placing a school house thereon, when proper notice 
 has been given; but a site on which a school house stands or is 
 begun shall not be changed except by vote therefor, of 
 three-fifths of the voters of the district voting on the 
 question. 

    Subd. 3.  When authorized by a two-thirds majority of all 
 the electors voting at an annual or special meeting, the board 
 may erect, purchase, or acquire a dwelling house for the use of 
 its teachers; provided that the proposition shall be submitted 
 only at a meeting or election, the notice of which stated that 
 such proposition would be considered or submitted thereat. 

    Subd. 4.  Repealed, 1978 c 706 s 69 

    Subd. 5.  Repealed, 1978 c 706 s 69 

    Subd. 6.  Repealed, 1978 c 706 s 69 

    Subd. 7.  Repealed, 1978 c 706 s 69 

    Subd. 8.  Repealed, 1978 c 706 s 69 

    Subd. 9.  Repealed, 1978 c 706 s 69 

    Subd. 10. Repealed, 1978 c 706 s 69 

    HIST: Ex1959 c 71 art 4 s 6; 1973 c 123 art 5 s 7 

   123.16 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  123.16 MS 1976 Repealed, 1978 c 706 s 69 

   123.17 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  123.17 MS 1976 Repealed, 1978 c 706 s 69 

   123.18 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  123.18 MS 1976 Repealed, 1978 c 706 s 69 

   123.19 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  123.19 MS 1976 Repealed, 1978 c 706 s 69 

   123.20 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  123.20 MS 1976 Repealed, 1978 c 706 s 69 

   123.21 Limitation of sections. 

    Material contained in sections 123.11 to 123.15 relates 
 only to common school districts numbers 323 and 815.  The 
 provisions of law relating to independent school districts shall 
 apply to and govern these common school districts unless a 
 particular provision of sections 123.11 to 123.15 provides for 
 the matter, in which case that provision shall apply and control.

    HIST: Ex1959 c 71 art 4 s 12; 1975 c 162 s 22; 1978 c 706 s 
 12; 1982 c 424 s 30 

  123.22 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  123.23 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  123.24 MS 1957 Renumbered 128.01 

  123.25 MS 1957 Renumbered 128.02 

  123.26 MS 1957 Renumbered 128.03 

  123.27 MS 1957 Renumbered 128.04 

  123.28 MS 1957 Renumbered 128.05 

  123.29 MS 1957 Renumbered 128.06 

  123.30 MS 1953 Repealed, 1957 c 947 art 9 s 9 

   123.31 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  123.31 MS 1974 Repealed, 1976 c 239 s 30 

   123.32 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  123.32 MS 1986 Repealed, 1987 c 266 art 2 s 14 

   123.33 Boards of independent school districts. 

    Subdivision 1.  The care, management, and control of 
 independent districts shall be vested in a board of directors, 
 to be known as the school board.  The term of office of a member 
 shall be four years and until a successor qualifies.  The 
 membership of the school board shall consist of six elected 
 directors together with such ex officio member as may be 
 provided by law.  But the board may submit to the electors at 
 any school election the question whether the board shall consist 
 of seven members and if a majority of those voting on the 
 proposition favor a seven-member board, a seventh member shall 
 be elected at the next election of directors for a four-year 
 term and thereafter the board shall consist of seven members. 

    Those districts with a seven-member board may submit to the 
 electors at any school election at least 150 days before the 
 next election of three members of the board the question whether 
 the board shall consist of six members.  If a majority of those 
 voting on the proposition favor a six-member board instead of a 
 seven-member board, two members instead of three members shall 
 be elected at the next election of the board of directors and 
 thereafter the board shall consist of six members. 

    Subd. 2.  A vacancy in any board occurs when a member (a) 
 dies, or (b) resigns, or (c) ceases to be a resident of the 
 district, or (d) is unable to serve on such board and attend its 
 meetings for not less than 90 days because of illness or 
 prolonged absence from the district. 

    Subd. 2a.    School board member training.  A member 
 must receive training in school finance and management developed 
 in consultation with the Minnesota school boards association and 
 consistent with section 121.919.  The school boards association 
 shall make available to each newly elected school board member 
 training in school finance and management consistent with 
 section 121.919 within 180 days of that member taking office.  
 The program shall be developed in consultation with the 
 department of children, families, and learning and appropriate 
 representatives of higher education. 

    Subd. 3.  A vacancy caused by a member being unable to 
 serve on such board and attend its meetings for not less than 90 
 days because of illness or prolonged absence from the district, 
 may, after the board has by resolution declared such vacancy to 
 exist, be filled by the board at any regular or special meeting 
 thereof for the remainder of the unexpired term, or until such 
 ill or absent member is again able to resume duties as a member 
 of such board whichever date is earliest.  When such ill or 
 absent member is again able to resume duties as a member of the 
 board, the board shall by resolution so determine and declare 
 such person to be again a member of the board, and the member 
 appointed by the board to be no longer a member thereof. 

    Subd. 4.  Any other vacancy in a board shall be filled by 
 board appointment at a regular or special meeting.  The 
 appointment shall be evidenced by a resolution entered in the 
 minutes and shall continue until an election is held under this 
 subdivision.  All elections to fill vacancies shall be for the 
 unexpired term.  If the vacancy occurs before the first day to 
 file affidavits of candidacy for the next school district 
 general election and more than two years remain in the unexpired 
 term, a special election shall be held in conjunction with the 
 school district general election.  The appointed person shall 
 serve until the qualification of the successor elected to fill 
 the unexpired part of the term at that special election.  If the 
 vacancy occurs on or after the first day to file affidavits of 
 candidacy for the school district general election, or when less 
 than two years remain in the unexpired term, there shall be no 
 special election to fill the vacancy and the appointed person 
 shall serve the remainder of the unexpired term and until a 
 successor is elected and qualifies at the school district 
 election. 

    Subd. 5.  A majority of the voting members of the board 
 shall constitute a quorum.  No contract shall be made or 
 authorized, except at a regular meeting of the board or at a 
 special meeting at which all members are present or of which all 
 members have had notice.  Special meetings may be called by the 
 chair or clerk or any three members upon notice mailed to each 
 member at least three days prior thereto. 

    Subd. 6.  The board shall make and when deemed advisable 
 change or repeal rules relating to the organization and 
 management of the board and the duties of its officers. 

    Subd. 7.  The board shall superintend and manage the 
 schools of the district; adopt rules for their organization, 
 government, and instruction; keep registers; and prescribe 
 textbooks and courses of study.  The board may enter into an 
 agreement with a post-secondary institution for secondary or 
 post-secondary nonsectarian courses to be taught at a secondary 
 school, nonsectarian post-secondary institution, or another 
 location. 

    Subd. 8.  The board may remove, for proper cause, any 
 member or officer of the board and fill the vacancy; but such 
 removal must be by a concurrent vote of at least four members, 
 at a meeting of whose time, place, and object the charged member 
 has been duly notified, with the reasons for such proposed 
 removal and after an opportunity to be heard in defense against 
 the removal. 

    Subd. 9.  Repealed, 1975 c 162 s 42 

    Subd. 10. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 11.  The board shall cause its official proceedings 
 to be published once in the official newspaper of the district.  
 Such publication shall be made within 30 days of the meeting at 
 which such proceedings occurred.  If the board determines that 
 publication of a summary of the proceedings would adequately 
 inform the public of the substance of the proceedings, the board 
 may direct that only a summary be published, conforming to the 
 requirements of section 331A.01, subdivision 10.  

    Subd. 11a.    Mailing of proceedings.  If a school board 
 of a district that has no newspaper with its known office of 
 issue or a secondary office located within the boundaries of the 
 district and no newspaper that is distributed to more than 
 one-third of the residences in the district determines that 
 mailing a summary of its proceedings would be more economical 
 than publication of the proceedings and that it would adequately 
 inform the public, it may mail a summary of its proceedings to 
 each residence in the district that can be identified as a 
 homestead from the property tax records and to each other 
 residence in the district that the board can identify.  The 
 county shall make the property tax records available to the 
 board for this purpose.  The board shall keep a copy of the 
 summary of the proceedings as part of its records.  The decision 
 of a school board to mail summaries, rather than publish the 
 proceedings under this subdivision shall be presumed valid, 
 subject to challenge by a court action. 

    Subd. 12.  The clerk, treasurer, and superintendent of any 
 district shall receive such compensation as may be fixed by the 
 board.  Unless otherwise provided by law, the other members of 
 the board shall also receive such compensation as may be fixed 
 by the board.  All members of the board may receive 
 reimbursement for transportation at the rate provided for in 
 section 471.665. 

    Subd. 13.  Repealed, 1975 c 162 s 42 

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

    Subd. 15. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 16. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    HIST: Ex1959 c 71 art 4 s 15; 1965 c 434 s 1; 1967 c 176 s 2; 
 1967 c 713 s 1; 1973 c 263 s 1,2; 1973 c 690 s 1; 1974 c 82 s 
 1,2; 1975 c 162 s 24; 1983 c 314 art 7 s 16,17; 1984 c 543 s 6; 
 1985 c 122 s 1; 1986 c 444; 1987 c 42 s 1; 1987 c 266 art 2 s 9; 
 1989 c 329 art 9 s 7; 1990 c 562 art 7 s 3; art 8 s 20; 1992 c 
 499 art 9 s 2; 1993 c 224 art 7 s 6; 1993 c 374 s 17; 1994 c 646 
 s 2; 1Sp1995 c 3 art 16 s 13 

     123.335 Imprest cash funds. 

    Subdivision 1.  The board may establish one or more imprest 
 funds for the payment in cash of any proper claim against the 
 district which it is impractical to pay in any other manner, 
 except that no claim for salary or personal expenses of a 
 district officer or employee shall be paid from such funds.  The 
 board shall appoint a custodian of each such fund who shall be 
 responsible for its safekeeping and disbursement according to 
 law.  Money for the operation of such fund shall be secured by a 
 transfer from the general fund.  A claim itemizing all the 
 various demands for which disbursements have been made from the 
 fund shall be presented to the board at the next board meeting 
 after the disbursements have been made.  The board shall act 
 upon it as in the case of other claims and an order shall be 
 issued to the custodian for the amount allowed.  The custodian 
 shall use the proceeds of the order to replenish the fund; and 
 if the board fails to approve the claim in full for any 
 sufficient reason, the custodian shall be personally responsible 
 for the difference. 

    Subd. 2.  The board may authorize an imprest fund for the 
 purpose of advancing money to officers or employees to pay the 
 actual and necessary expenses of such officer or employee in 
 attending meetings outside of the district.  The board shall 
 appoint a custodian of such fund who shall be responsible for 
 its safekeeping and disbursement according to law.  At the first 
 regular meeting of the board after such meeting, the custodian 
 shall submit an itemized claim for the actual and necessary 
 expenses incurred and paid. The board shall act upon it as in 
 the case of other claims and an order shall be issued to the 
 custodian for the amount allowed.  The custodian shall use the 
 proceeds of the order to repay the amount advanced from the fund 
 and make final settlement with the officer or employee.  As an 
 alternative the board may authorize travel advances if control 
 is maintained by use of a travel advance account, the balance of 
 which is supported by names of employees to whom money has been 
 advanced. 

    HIST: 1969 c 631 s 1; 1977 c 447 art 7 s 16; 1986 c 444 

   123.34 Officers of independent school districts. 

    Subdivision 1.  Within ten days after the election of the 
 first board in independent districts and annually thereafter on 
 July 1, or as soon thereafter as practicable, the board shall 
 meet and organize by selecting a chair, clerk, and a treasurer, 
 who shall hold their offices for one year and until their 
 successors are selected and qualify. The persons who perform the 
 duties of the clerk and treasurer need not be members of the 
 board and the board by resolution may combine the duties of the 
 offices of clerk and treasurer in a single person in the office 
 of business affairs.  They may appoint a superintendent who 
 shall be ex officio a member of the board, but not entitled to 
 vote therein.  In districts in which board members are elected 
 at the general election in November, the annual meeting of the 
 board shall be held on the first Monday of January or as soon 
 thereafter as practicable. 

    Subd. 2.  The chair when present shall preside at all 
 meetings of the board, countersign all orders upon the treasurer 
 for claims allowed by the board, represent the district in all 
 actions and perform all the duties usually incumbent on such 
 officer.  In case of absence, inability, or refusal of the clerk 
 to draw orders for the payment of money authorized by a vote of 
 the majority of the board to be paid, the orders may be drawn by 
 the chair, and paid by the treasurer, a statement thereof, with 
 a copy of such orders, being delivered to the clerk by the 
 treasurer, or the office of the clerk may be declared vacant by 
 the chair and treasurer and filled by appointment. 

    Subd. 3.  The treasurer shall deposit the funds of the 
 district in the official depository. 

    Subd. 4.  The treasurer shall make all reports which may be 
 called for by the board and perform all duties usually incumbent 
 on such officer. 

    Subd. 5.  In the event that valid orders are presented to 
 the treasurer for payment, and there are insufficient funds on 
 hand to pay them, the treasurer shall receive, endorse and 
 process them in accordance with section 124.06. 

    Subd. 6. Repealed, 1980 c 609 art 6 s 48 

    Subd. 7.  When the duty devolves upon any person employed 
 by a board to receive money and pay it over to the treasurer of 
 the district, the district shall require a bond from such person 
 and pay all premiums therefor.  The amount of each bond shall be 
 fixed by the board and the bond approved by it.  The bond shall 
 be not less than $500 conditioned for the faithful performance 
 of the duty and shall be filed with the clerk.  In lieu of 
 individual bonds, the district may prescribe and keep in effect 
 a schedule or position insurance policy or blanket bond in such 
 aggregate amount as the district determines, insuring the 
 fidelity of such persons in the amount of not less than $500 for 
 each such person. 

    Subd. 8.  The clerk shall keep a record of all meetings of 
 the district and the board in books provided by the district for 
 that purpose.  The clerk shall, within three days after an 
 election notify all persons elected of their election.  On or 
 before August 15 of each year the clerk shall file with the 
 board a report of the revenues, expenditures and balances in 
 each fund for the preceding fiscal year. The report together 
 with vouchers and supporting documents shall subsequently be 
 examined by a public accountant or the state auditor, either of 
 whom shall be paid by the school district, as provided in 
 section 121.908, subdivision 3.  The board shall by resolution 
 approve the report or require a further or amended report.  On 
 or before August 15 of each year, the clerk shall make and 
 transmit to the commissioner certified reports, showing: 

    (1) The condition and value of school property; 

    (2) The revenues and expenditures in detail, and such other 
 financial information required by law, rule, or as may be called 
 for by the commissioner; 

    (3) The length of school term and the enrollment and 
 attendance by grades; and 

    (4) Such other items of information as may be called for by 
 the commissioner. 

    The clerk shall enter in the clerk's record book copies of 
 all reports and of the teachers' term reports, as they appear in 
 the registers, and of the proceedings of any meeting as 
 furnished by the clerk pro tem, and keep an itemized account of 
 all the expenses of the district.  The clerk shall furnish to 
 the auditor of the proper county, on or before October 10 of 
 each year, an attested copy of the clerk's record, showing the 
 amount of money voted by the district or the board for school 
 purposes; draw and sign all orders upon the treasurer for the 
 payment of money for bills allowed by the board for salaries of 
 officers and for teachers' wages and all claims, to be 
 countersigned by the chair. Such orders shall state the 
 consideration, payee, and the fund and the clerk shall take a 
 receipt therefor.  Teachers' wages shall have preference in the 
 order in which they become due, and no money applicable for 
 teachers' wages shall be used for any other purpose, nor shall 
 teachers' wages be paid from any fund except that raised or 
 apportioned for that purpose. 

    Subd. 9.    Superintendent.  All districts maintaining a 
 classified secondary school shall employ a superintendent who 
 shall be an ex officio nonvoting member of the school board.  
 The authority for selection and employment of a superintendent 
 shall be vested in the school board in all cases.  An individual 
 employed by a school board as a superintendent shall have an 
 initial employment contract for a period of time no longer than 
 three years from the date of employment.  Any subsequent 
 employment contract must not exceed a period of three years.  A 
 school board, at its discretion, may or may not renew an 
 employment contract.  A school board shall not, by action or 
 inaction, extend the duration of an existing employment 
 contract.  Beginning 365 days prior to the expiration date of an 
 existing employment contract, a school board may negotiate and 
 enter into a subsequent employment contract to take effect upon 
 the expiration of the existing contract.  A subsequent contract 
 shall be contingent upon the employee completing the terms of an 
 existing contract.  If a contract between a school board and a 
 superintendent is terminated prior to the date specified in the 
 contract, the school board may not enter into another 
 superintendent contract with that same individual that has a 
 term that extends beyond the date specified in the terminated 
 contract.  A school board may terminate a superintendent during 
 the term of an employment contract for any of the grounds 
 specified in section 125.12, subdivision 6 or 8.  A 
 superintendent shall not rely upon an employment contract with a 
 school board to assert any other continuing contract rights in 
 the position of superintendent under section 125.12.  
 Notwithstanding the provisions of sections 122.532, 122.541, 
 125.12, subdivision 6a or 6b, or any other law to the contrary, 
 no individual shall have a right to employment as a 
 superintendent based on order of employment in any district.  If 
 two or more school districts enter into an agreement for the 
 purchase or sharing of the services of a superintendent, the 
 contracting districts have the absolute right to select one of 
 the individuals employed to serve as superintendent in one of 
 the contracting districts and no individual has a right to 
 employment as the superintendent to provide all or part of the 
 services based on order of employment in a contracting district. 
 The superintendent of a district shall perform the following:  

    (1) visit and supervise the schools in the district, report 
 and make recommendations about their condition when advisable or 
 on request by the board; 

    (2) recommend to the board employment and dismissal of 
 teachers; 

    (3) superintend school grading practices and examinations 
 for promotions; 

    (4) make reports required by the commissioner of children, 
 families, and learning; and 

    (5) perform other duties prescribed by the board. 

    Subd. 9a.    Disclose past buyouts or contract is void.  
 (a) For the purposes of paragraph (b), a "buyout agreement" is 
 any agreement under which a person employed as a superintendent 
 left the position before the term of the contract was over and 
 received a sum of money, something else of value, or the right 
 to something of value for some purpose other than performing the 
 services of a superintendent. 

    (b) Before a person may enter into a superintendent's 
 contract with a school board, the candidate shall disclose in 
 writing the existence and terms of any previous buyout 
 agreement, including amounts and the purpose for the payments, 
 relating to a superintendent's contract with another school 
 board.  A disclosure made under this paragraph is public data. 

    (c) The superintendent's contract of a person who fails to 
 make a timely disclosure under paragraph (b) is void. 

    Subd. 10.    Principals.  Each public school building, 
 as defined by section 120.05, subdivision 2, clauses (1), (2), 
 and (3), in an independent school district may be under the 
 supervision of a principal who is assigned to that 
 responsibility by the board of education in that school district 
 upon the recommendation of the superintendent of schools of that 
 school district.  If pupils in kindergarten through grade 12 
 attend school in one building, one principal may supervise the 
 building. 

    Each principal assigned the responsibility for the 
 supervision of a school building shall hold a valid license in 
 the assigned position of supervision and administration as 
 established by the rules of the state board of education. 

    The principal shall provide administrative, supervisory, 
 and instructional leadership services, under the supervision of 
 the superintendent of schools of the school district and in 
 accordance with the policies, rules, and regulations of the 
 board of education, for the planning, management, operation, and 
 evaluation of the education program of the building or buildings 
 to which the principal is assigned. 

    HIST: Ex1959 c 71 art 4 s 16; 1969 c 9 s 27; 1971 c 144 s 1; 
 1973 c 492 s 7; 1974 c 37 s 1; 1975 c 162 s 25; 1975 c 432 s 16; 
 1978 c 706 s 13-15; 1978 c 764 s 31,32; 1979 c 334 art 6 s 8; 
 1981 c 175 s 1; 1983 c 314 art 7 s 18; 1986 c 444; 1987 c 398 
 art 8 s 8; 1990 c 562 art 8 s 21,22; 1991 c 265 art 9 s 34,35; 
 1993 c 224 art 9 s 22; art 12 s 15; 1Sp1995 c 3 art 9 s 19; art 
 16 s 13 

   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 

     123.351 Cooperative centers for vocational education. 

    Subdivision 1.    Establishment.  Two or more 
 independent school districts may enter into an agreement to 
 establish a cooperative center to provide for vocational 
 education and other educational services upon the vote of a 
 majority of the full membership of each of the boards of the 
 districts entering into the agreement.  The agreement may also 
 provide for membership by cities, counties, and other 
 governmental units as defined in section 471.59.  When a 
 resolution approving this action has been adopted by the board 
 of a district, the resolution shall be published once in a 
 newspaper of general circulation in the district.  If a petition 
 for referendum on the question of the district entering into the 
 agreement, containing signatures of qualified voters of the 
 district equal to five percent of the number of voters at the 
 last school district general election, is filed with the clerk 
 of the board within 60 days after publication of the resolution, 
 the board shall not enter into the agreement until the question 
 has been submitted to the voters of the district at a special 
 election.  This election shall be conducted and canvassed in the 
 same manner as school district general elections.  If a majority 
 of the total number of votes cast on the question within the 
 district is in favor of the proposition, the board may enter 
 into an agreement to establish the center for purposes described 
 in this section. 

    Subd. 2.    Name.  A public corporation so created 
 shall be known as ....(insert name).... cooperative center no.  
 .....  and shall have an identification number assigned pursuant 
 to section 122.03. 

    Subd. 3.    Governing board.  (a) The center shall be 
 operated by a center board of not less than five members which 
 shall consist of members from school boards of each of the 
 participating school districts within the center and member 
 cities, counties, and other governmental units, appointed by 
 their respective boards.  Each participating school district 
 shall have at least one member on the board.  The board shall 
 choose an administrative officer to administer board policy and 
 directives who shall serve as an ex officio member of the board 
 but shall not have a vote. 

    (b) The terms of office of the first members of the board 
 shall be determined by lot as follows:  one-third of the members 
 for one year, one-third for two years, and the remainder for 
 three years, all terms to expire on June 30 of the appropriate 
 year; provided that if the number of members is not evenly 
 divisible by three, the membership will be as evenly distributed 
 as possible among one, two and three year terms with the 
 remaining members serving the three year term.  Thereafter the 
 terms shall be for three years commencing on July 1 of each 
 year.  If a vacancy occurs on the center board, it shall be 
 filled by the appropriate school board within 90 days.  A person 
 appointed to the center board shall qualify as a board member by 
 filing with the chair a written certificate of appointment from 
 the appointing school board. 

    (c) The first meeting of a center board shall be at a time 
 mutually agreed upon by board members.  At this meeting, the 
 center board shall choose its officers and conduct any other 
 necessary organizational business. Thereafter the center board 
 shall meet on the first of July of each year or as soon 
 thereafter as practicable pursuant to notice sent to all center 
 board members by the chief executive officer of the center. 

    (d) The officers of the center board shall be a chair, 
 vice-chair, clerk and treasurer, no two of whom when possible 
 shall be from the same school district.  The chair shall preside 
 at all meetings of the center board except in the chair's 
 absence the vice-chair shall preside.  The clerk shall keep a 
 complete record of the minutes of each meeting and the treasurer 
 shall be the custodian of the funds of the center.  Insofar as 
 applicable, sections 123.33 and 123.34, shall apply to the board 
 and officers of the center. 

    (e) Each participating school district shall have equal 
 voting power with at least one vote.  A majority of the center 
 board shall be a quorum.  Any motion other than adjournment 
 shall pass only upon receiving a majority of the votes of the 
 entire center board. 

    Subd. 4.    Powers and duties.  (a) The center board 
 shall have the general charge of the business of the center and 
 the ownership of facilities.  Where applicable, section 123.36, 
 shall apply.  The center board may not issue bonds in its 
 behalf.  Each participating district may issue its bonds for the 
 purpose of acquisition and betterment of center facilities in 
 the amount certified by the center board to such participating 
 district in accordance with chapter 475. 

    (b) The center board (1) may furnish vocational offerings 
 to any eligible person residing in any participating district; 
 (2) may provide special education for the handicapped and 
 disadvantaged; and (3) may provide any other educational 
 programs or services defined in section 123.582, subdivisions 7 
 and 8, agreed upon by the participating members.  Academic 
 offerings shall be provided only under the direction of properly 
 licensed academic supervisory personnel. 

    (c) In accordance with subdivision 5, clause (b), the 
 center board shall certify to each participating district the 
 amount of funds assessed to the district as its proportionate 
 share required for the conduct of the educational programs, 
 payment of indebtedness, and all other proper expenses of the 
 center. 

    (d) The center board shall employ and contract with 
 necessary qualified teachers and administrators and may 
 discharge the same for cause pursuant to section 125.12.  The 
 authority for selection and employment of a director shall be 
 vested in the center board.  Notwithstanding the provisions of 
 section 125.12, subdivision 6a or 6b, no individual shall have a 
 right to employment as a director based on seniority or order of 
 employment by the center.  The board may employ and discharge 
 other necessary employees and may contract for other services 
 deemed necessary. 

    (e) The center board may provide an educational program for 
 secondary and adult vocational phases of instruction.  The high 
 school phase of its educational program shall be offered as a 
 component of the comprehensive curriculum offered by each of the 
 participating school districts.  Graduation shall be from the 
 student's resident high school district.  Insofar as applicable, 
 sections 123.35 to 123.40, shall apply. 

    (f) The center board may prescribe rates of tuition for 
 attendance in its programs by adults and nonmember district 
 secondary students. 

    Subd. 5.    Financing.  (a) Any center board established 
 pursuant to this section is a public corporation and agency and 
 may receive and disburse federal, state, and local funds made 
 available to it.  No participating school district or member 
 shall have any additional individual liability for the debts or 
 obligations of the center except that assessment which has been 
 certified as its proportionate share in accordance with 
 subdivision 5, clause (b) and subdivision 4, clauses (a) and 
 (c).  A member of the center board shall have such liability as 
 is applicable to a member of an independent school district 
 board.  Any property, real or personal, acquired or owned by the 
 center board for its purposes shall be exempt from taxation by 
 the state or any of its political subdivisions. 

    (b) The center board may, in each year, for the purpose of 
 paying any administrative, planning, operating, or capital 
 expenses incurred or to be incurred, assess and certify to each 
 participating school district its proportionate share of any and 
 all expenses.  This share shall be based upon an equitable 
 distribution formula agreed upon by the participating 
 districts.  Each participating district shall remit its 
 assessment to the center board within 30 days after receipt.  
 The assessments shall be paid within the maximum levy 
 limitations of each participating district. 

    Subd. 6.    Commissioner approval.  Prior to the 
 commencement of the operation of any center the agreement 
 entered into by participating districts shall be approved by the 
 commissioner. 

    Subd. 7.    Laws governing independent school districts 
 applicable.  As of the effective date of the creation of any 
 center as contained in the agreement establishing the center, 
 the organization, operation, maintenance, and conduct of the 
 affairs of the center shall be governed by the general laws 
 relating to independent school districts of the state unless 
 provided otherwise herein or by statute passed hereafter. 

    Subd. 8.    Addition and withdrawal of districts.  Upon 
 approval by majority vote of a school board and of the center 
 board, an adjoining school district may become a member in the 
 center and be governed by the provisions of this section and the 
 agreement in effect. 

    Any participating district may withdraw from the center and 
 from the agreement in effect by a majority vote of the full 
 board membership of the participating school district desiring 
 withdrawal and upon compliance with provisions in the agreement 
 establishing the center.  Upon receipt of the withdrawal 
 resolution reciting the necessary facts, the center board shall 
 file a certified copy with the county auditors of the counties 
 affected.  The withdrawal shall become effective at the end of 
 the next following school year but the withdrawal shall not 
 affect the continued liability of the withdrawing district for 
 bonded indebtedness it incurred prior to the effective 
 withdrawal date. 

    Subd. 8a.    Dissolution.  The boards of each 
 participating district may agree to dissolve a center effective 
 at the end of any school year or at an earlier time as they may 
 mutually agree.  A dissolution shall be accomplished in 
 accordance with any applicable provisions of the agreement 
 establishing the center.  Upon receipt of the dissolution 
 resolutions from the boards of the participating districts, the 
 center board shall file a certified copy with the county 
 auditors of the counties affected.  The dissolution shall not 
 affect the continuing liability of the previously participating 
 districts for bonded indebtedness incurred prior to the 
 dissolution, or for other continuing obligations, including 
 reemployment insurance.  

    Subd. 9.    Existing centers.  Centers operating 
 pursuant to section 471.59 which have been approved by the state 
 board of education prior to August 1, 1974, shall be subject to 
 its provisions except subdivision 1.  Any changes in center 
 agreements necessary to comply with this section shall be 
 completed within 12 months after August 1, 1974, and filed with 
 the commissioner by the administrator of each center.  Centers 
 operating pursuant to Laws 1967, chapter 822, as amended, Laws 
 1969, chapter 775, as amended, and Laws 1969, chapter 1060, as 
 amended shall not be subject to the provisions of this section. 

    Subd. 10.    Revenue.  A secondary vocational 
 cooperative may be eligible for revenue under section 124.573. 

    HIST: 1974 c 252 s 1; 1977 c 447 art 5 s 1,2; 1982 c 548 art 5 
 s 2; 1983 c 314 art 7 s 19; 1986 c 444; 1987 c 266 art 2 s 10; 
 1988 c 718 art 6 s 4; 1991 c 265 art 6 s 23; 1992 c 499 art 6 s 
 39; 1993 c 224 art 13 s 18-20; 1994 c 488 s 8; 1994 c 647 art 6 
 s 14,42; 1Sp1995 c 3 art 9 s 21-24; 1996 c 412 art 13 s 12 

  123.3511 Repealed, 1989 c 329 art 9 s 34 

  123.3512 Repealed, 1989 c 329 art 9 s 34 

     123.3513 Advanced academic credit. 

    A school district shall grant academic credit to a pupil 
 attending an accelerated or advanced academic course offered by 
 a higher education institution or a nonprofit public agency 
 other than the district, if the pupil successfully completes the 
 course attended and passes an examination approved by the 
 district.  If no comparable course is offered by the district, 
 the commissioner shall determine the number of credits which 
 shall be granted to a pupil who successfully completes and 
 passes the course.  If a comparable course is offered by the 
 district, the school board shall grant a comparable number of 
 credits to the pupil.  If there is a dispute between the 
 district and the pupil regarding the number of credits granted 
 for a particular course, the pupil may appeal the school board's 
 decision to the commissioner.  The commissioner's decision 
 regarding the number of credits shall be final.  

    The credits granted to a pupil shall be counted toward the 
 graduation requirements and subject area requirements of the 
 school district.  Evidence of successful completion of each 
 class and credits granted shall be included in the pupil's 
 secondary school record.  

    HIST: 1984 c 463 art 7 s 8; 1993 c 224 art 13 s 21 

     123.3514 Post-secondary Enrollment Options Act. 

    Subdivision 1.    Citation.  This section may be cited 
 as the "post-secondary enrollment options act." 

    Subd. 2.    Purpose.  The purpose of this section is to 
 promote rigorous academic pursuits and to provide a wider 
 variety of options to high school pupils by encouraging and 
 enabling secondary pupils to enroll full time or part time in 
 nonsectarian courses or programs in eligible post-secondary 
 institutions, as defined in subdivision 3. 

    Subd. 3.    Definitions.  For purposes of this section, 
 an "eligible institution" means a Minnesota public 
 post-secondary institution, a private, nonprofit two-year trade 
 and technical school granting associate degrees, an 
 opportunities industrialization center accredited by the north 
 central association of colleges and schools, or a private, 
 residential, two-year or four-year, liberal arts, 
 degree-granting college or university located in Minnesota.  
 "Course" means a course or program.  

    Subd. 3a.    Alternative pupil.  "Alternative pupil" 
 means an 11th or 12th grade student not enrolled in a public 
 school district, and includes students attending nonpublic 
 schools and students who are home schooled.  An alternative 
 pupil is considered a pupil for purposes of this section only.  
 An alternative pupil must register with the commissioner of 
 children, families, and learning before participating in the 
 post-secondary enrollment options program.  The commissioner 
 shall prescribe the form and manner of the registration, in 
 consultation with the nonpublic education council under section 
 123.935, subdivision 7, and may request any necessary 
 information from the alternative pupil. 

    Subd. 4.    Authorization; notification.  
 Notwithstanding any other law to the contrary, an 11th or 12th 
 grade pupil enrolled in a school or an American 
 Indian-controlled tribal contract or grant school eligible for 
 aid under section 124.86, except a foreign exchange pupil 
 enrolled in a district under a cultural exchange program, may 
 apply to an eligible institution, as defined in subdivision 3, 
 to enroll in nonsectarian courses offered by that post-secondary 
 institution.  If an institution accepts a secondary pupil for 
 enrollment under this section, the institution shall send 
 written notice to the pupil, the pupil's school or school 
 district, and the commissioner of children, families, and 
 learning within ten days of acceptance.  The notice shall 
 indicate the course and hours of enrollment of that pupil.  If 
 the pupil enrolls in a course for post-secondary credit, the 
 institution shall notify the pupil about payment in the 
 customary manner used by the institution. 

    Subd. 4a.    Counseling.  To the extent possible, the 
 school or school district shall provide counseling services to 
 pupils and their parents or guardian before the pupils enroll in 
 courses under this section to ensure that the pupils and their 
 parents or guardian are fully aware of the risks and possible 
 consequences of enrolling in post-secondary courses.  The school 
 or school district shall provide information on the program 
 including who may enroll, what institutions and courses are 
 eligible for participation, the decision-making process for 
 granting academic credits, financial arrangements for tuition, 
 books and materials, eligibility criteria for transportation 
 aid, available support services, the need to arrange an 
 appropriate schedule, consequences of failing or not completing 
 a course in which the pupil enrolls, the effect of enrolling in 
 this program on the pupil's ability to complete the required 
 high school graduation requirements, and the academic and social 
 responsibilities that must be assumed by the pupils and their 
 parents or guardian.  The person providing counseling shall 
 encourage pupils and their parents or guardian to also use 
 available counseling services at the post-secondary institutions 
 before the quarter or semester of enrollment to ensure that 
 anticipated plans are appropriate.  

    Prior to enrolling in a course, the pupil and the pupil's 
 parents or guardian must sign a form that must be provided by 
 the school or school district and may be obtained from a 
 post-secondary institution stating that they have received the 
 information specified in this subdivision and that they 
 understand the responsibilities that must be assumed in 
 enrolling in this program.  The department of children, 
 families, and learning shall, upon request, provide technical 
 assistance to a school or school district in developing 
 appropriate forms and counseling guidelines. 

    Subd. 4b.    Dissemination of information; notification of 
 intent to enroll.  By March 1 of each year, a school district 
 shall provide general information about the program to all 
 pupils in grades 10 and 11.  To assist the district in planning, 
 a pupil shall inform the district by March 30 of each year of 
 the pupil's intent to enroll in post-secondary courses during 
 the following school year.  A pupil is not bound by notifying or 
 not notifying the district by March 30.  

    Subd. 4c.    Limit on participation.  A pupil who first 
 enrolls in grade 11 may not enroll in post-secondary courses 
 under this section for secondary credit for more than the 
 equivalent of two academic years.  A pupil who first enrolls in 
 grade 12 may not enroll in post-secondary courses under this 
 section for secondary credit for more than the equivalent of one 
 academic year.  If a pupil in grade 11 or 12 first enrolls in a 
 post-secondary course for secondary credit during the school 
 year, the time of participation shall be reduced 
 proportionately.  If a pupil is in a learning year or other 
 year-round program and begins each grade in the summer session, 
 summer sessions shall not be counted against the time of 
 participation.  A pupil who has graduated from high school 
 cannot participate in a program under this section.  A pupil who 
 has completed course requirements for graduation but who has not 
 received a diploma may participate in the program under this 
 section. 

    Subd. 4d.    Enrollment priority.  A post-secondary 
 institution shall give priority to its post-secondary students 
 when enrolling 11th and 12th grade pupils in its courses.  A 
 post-secondary institution may provide information about its 
 programs to a secondary school or to a pupil or parent, but it 
 may not advertise or otherwise recruit or solicit the 
 participation on financial grounds, secondary pupils to enroll 
 in its programs.  An institution shall not enroll secondary 
 pupils, for post-secondary enrollment options purposes, in 
 remedial, developmental, or other courses that are not college 
 level.  Once a pupil has been enrolled in a post-secondary 
 course under this section, the pupil shall not be displaced by 
 another student. 

    Subd. 4e.    Courses according to agreements.  An 
 eligible pupil, according to subdivision 4, may enroll in a 
 nonsectarian course taught by a secondary teacher or a 
 post-secondary faculty member and offered at a secondary school, 
 or another location, according to an agreement between a public 
 school board and the governing body of an eligible public 
 post-secondary system or an eligible private post-secondary 
 institution, as defined in subdivision 3.  All provisions of 
 this section shall apply to a pupil, public school board, school 
 district, and the governing body of a post-secondary 
 institution, except as otherwise provided. 

    Subd. 5.    Credits.  A pupil may enroll in a course 
 under this section for either secondary credit or post-secondary 
 credit.  At the time a pupil enrolls in a course, the pupil 
 shall designate whether the course is for secondary or 
 post-secondary credit.  A pupil taking several courses may 
 designate some for secondary credit and some for post-secondary 
 credit.  A pupil must not audit a course under this section. 

    A school district shall grant academic credit to a pupil 
 enrolled in a course for secondary credit if the pupil 
 successfully completes the course.  Seven quarter or four 
 semester college credits equal at least one full year of high 
 school credit.  Fewer college credits may be prorated.  A school 
 district shall also grant academic credit to a pupil enrolled in 
 a course for post-secondary credit if secondary credit is 
 requested by a pupil.  If no comparable course is offered by the 
 district, the district shall, as soon as possible, notify the 
 commissioner, which shall determine the number of credits that 
 shall be granted to a pupil who successfully completes a 
 course.  If a comparable course is offered by the district, the 
 school board shall grant a comparable number of credits to the 
 pupil.  If there is a dispute between the district and the pupil 
 regarding the number of credits granted for a particular course, 
 the pupil may appeal the school board's decision to the 
 commissioner.  The commissioner's decision regarding the number 
 of credits shall be final.  

    The secondary credits granted to a pupil shall be counted 
 toward the graduation requirements and subject area requirements 
 of the school district.  Evidence of successful completion of 
 each course and secondary credits granted shall be included in 
 the pupil's secondary school record.  A pupil must provide the 
 school with a copy of the pupil's grade in each course taken for 
 secondary credit under this section.  Upon the request of a 
 pupil, the pupil's secondary school record shall also include 
 evidence of successful completion and credits granted for a 
 course taken for post-secondary credit.  In either case, the 
 record shall indicate that the credits were earned at a 
 post-secondary institution. 

    If a pupil enrolls in a post-secondary institution after 
 leaving secondary school, the post-secondary institution shall 
 award post-secondary credit for any course successfully 
 completed for secondary credit at that institution.  Other 
 post-secondary institutions may award, after a pupil leaves 
 secondary school, post-secondary credit for any courses 
 successfully completed under this section.  An institution may 
 not charge a pupil for the award of credit.  

    Subd. 6.    Financial arrangements.  For a pupil 
 enrolled in a course under this section, the department of 
 children, families, and learning shall make payments according 
 to this subdivision for courses that were taken for secondary 
 credit.  

    The department shall not make payments to a school district 
 or post-secondary institution for a course taken for 
 post-secondary credit only.  The department shall not make 
 payments to a post-secondary institution for a course from which 
 a student officially withdraws during the first 14 days of the 
 quarter or semester or who has been absent from the 
 post-secondary institution for the first 15 consecutive school 
 days of the quarter or semester and is not receiving instruction 
 in the home or hospital. 

    A post-secondary institution shall receive the following: 

    (1) for an institution granting quarter credit, the 
 reimbursement per credit hour shall be an amount equal to 88 
 percent of the product of the formula allowance, multiplied by 
 1.3, and divided by 45; or 

    (2) for an institution granting semester credit, the 
 reimbursement per credit hour shall be an amount equal to 88 
 percent of the product of the general revenue formula allowance, 
 multiplied by 1.3, and divided by 30. 

    The department of children, families, and learning shall 
 pay to each post-secondary institution 100 percent of the amount 
 in clause (1) or (2) within 30 days of receiving initial 
 enrollment information each quarter or semester.  If changes in 
 enrollment occur during a quarter or semester, the change shall 
 be reported by the post-secondary institution at the time the 
 enrollment information for the succeeding quarter or semester is 
 submitted.  At any time the department of children, families, 
 and learning notifies a post-secondary institution that an 
 overpayment has been made, the institution shall promptly remit 
 the amount due. 

    Subd. 6a.    Grants and financial aid prohibited.  A 
 pupil enrolled in a post-secondary course for secondary credit 
 is not eligible for any state student financial aid under 
 chapter 136A. 

    Subd. 6b.    Financial arrangements, pupils age 21 or 
 over.  For a pupil enrolled in a course according to this 
 section, the department of children, families, and learning 
 shall make payments according to this subdivision for courses 
 taken to fulfill high school graduation requirements by pupils 
 eligible for adult high school graduation aid.  

    The department must not make payments to a school district 
 or post-secondary institution for a course taken for 
 post-secondary credit only.  The department shall not make 
 payments to a post-secondary institution for a course from which 
 a student officially withdraws during the first 14 days of the 
 quarter or semester or who has been absent from the 
 post-secondary institution for the first 15 consecutive school 
 days of the quarter or semester and is not receiving instruction 
 in the home or hospital. 

    A post-secondary institution shall receive the following: 

    (1) for an institution granting quarter credit, the 
 reimbursement per credit hour shall be an amount equal to 88 
 percent of the product of the formula allowance, multiplied by 
 1.3, and divided by 45; or 

    (2) for an institution granting semester credit, the 
 reimbursement per credit hour shall be an amount equal to 88 
 percent of the product of the general revenue formula allowance 
 multiplied by 1.3, and divided by 30. 

    The department of children, families, and learning shall 
 pay to each post-secondary institution 100 percent of the amount 
 in clause (1) or (2) within 30 days of receiving initial 
 enrollment information each quarter or semester.  If changes in 
 enrollment occur during a quarter or semester, the change shall 
 be reported by the post-secondary institution at the time the 
 enrollment information for the succeeding quarter or semester is 
 submitted.  At any time the department of children, families, 
 and learning notifies a post-secondary institution that an 
 overpayment has been made, the institution shall promptly remit 
 the amount due. 

    A school district shall receive: 

    (1) for a pupil who is not enrolled in classes at a 
 secondary program, 12 percent of the general education formula 
 allowance times .65, times 1.3; or 

    (2) for a pupil who attends classes at a secondary program 
 part time, the general education formula allowance times .65, 
 times 1.3, times the ratio of the total number of hours the 
 pupil is in membership for courses taken by the pupil for credit 
 to 1020 hours. 

    Subd. 6c.    Financial arrangements for courses provided 
 according to agreements.  (a) The agreement between a public 
 school board and the governing body of a public post-secondary 
 system or private post-secondary institution shall set forth the 
 payment amounts and arrangements, if any, from the public school 
 board to the post-secondary institution.  No payments shall be 
 made by the department of children, families, and learning 
 according to subdivision 6 or 6b.  For the purpose of computing 
 state aids for a school district, a pupil enrolled according to 
 subdivision 4e shall be counted in the average daily membership 
 of the school district as though the pupil were enrolled in a 
 secondary course that is not offered in connection with an 
 agreement.  Nothing in this subdivision shall be construed to 
 prohibit a public post-secondary system or private 
 post-secondary institution from receiving additional state 
 funding that may be available under any other law.  

    (b) If a course is provided under subdivision 4e, offered 
 at a secondary school, and taught by a secondary teacher, the 
 post-secondary system or institution must not require a payment 
 from the school board that exceeds the cost to the 
 post-secondary institution that is directly attributable to 
 providing that course. 

    Subd. 6d.    Alternative pupils financial arrangements.  
 For an alternative pupil enrolled in a course or program under 
 this section, the department of children, families, and learning 
 shall make payments to the eligible institution according to 
 subdivision 6.  The department shall not make any payments to a 
 school district for alternative pupils. 

    Subd. 6e.    Tuition at nonpublic secondary institution. 
  A nonpublic secondary institution must proportionately adjust 
 its tuition to accurately reflect the time an alternative pupil 
 spends in a post-secondary enrollment course or program. 

    Subd. 7.    Fees; textbooks; materials.  A 
 post-secondary institution that receives reimbursement for a 
 pupil under subdivision 6 may not charge that pupil for fees, 
 textbooks, materials, support services as defined in section 
 135A.16, or other necessary costs of the course or program in 
 which the pupil is enrolled if the charge would be prohibited 
 under section 120.74, except for equipment purchased by the 
 pupil that becomes the property of the pupil.  An institution 
 may require the pupil to pay for fees, textbooks, and materials 
 for a course taken for post-secondary credit. 

    Subd. 7a.    Textbooks; materials.  All textbooks and 
 equipment provided to a pupil, and paid for under subdivision 6, 
 are the property of the pupil's school district of residence.  
 Each pupil is required to return all textbooks and equipment to 
 the school district after the course has ended. 

    Subd. 7b.    Support services.  The post-secondary 
 institution shall inform the pupil of the support services 
 available at that institution.  If the student has an individual 
 education plan that provides general education support and 
 accommodations, the post-secondary institution shall provide the 
 support services as described in the student's IEP and the 
 post-secondary institution and the district shall negotiate an 
 agreement on the rate to be charged for the services.  Nothing 
 in this section shall prevent the student from enrolling while 
 the agreement is being developed.  If the parties cannot agree 
 on the services, on application of either party, the 
 commissioner shall resolve the dispute in the same manner the 
 commissioner fixes tuition rates under section 120.17, 
 subdivision 4.  The commissioner's decision is binding on both 
 parties. 

    Subd. 8.    Transportation.  A parent or guardian of a 
 pupil enrolled in a course for secondary credit may apply to the 
 pupil's district of residence for reimbursement for transporting 
 the pupil between the secondary school in which the pupil is 
 enrolled or the pupil's home and the post-secondary institution 
 that the pupil attends.  The state shall provide state aid to a 
 district in an amount sufficient to reimburse the parent or 
 guardian for the necessary transportation costs when the 
 family's or guardian's income is at or below the poverty level, 
 as determined by the federal government.  The reimbursement 
 shall be the pupil's actual cost of transportation or 15 cents 
 per mile traveled, whichever is less.  Reimbursement may not be 
 paid for more than 250 miles per week.  However, if the nearest 
 post-secondary institution is more than 25 miles from the 
 pupil's resident secondary school, the weekly reimbursement may 
 not exceed the reimbursement rate per mile times the actual 
 distance between the secondary school or the pupil's home and 
 the nearest post-secondary institution times ten.  The state 
 shall pay aid to the district according to this subdivision.  

    Subd. 9.    Exception; intermediate districts.  A 
 secondary pupil who is a resident of a member district of an 
 intermediate district, as defined in section 136D.01, may not 
 enroll in that intermediate district's vocational program as a 
 post-secondary pupil under this section when the intermediate 
 district operates a secondary program at a college facility and 
 secondary students have access to the post-secondary curriculum 
 and receive high school and college credit for successfully 
 completing the program. 

    Subd. 10.    Limit; state obligation.  The provisions of 
 subdivisions 6, 7, 8, and 9 shall not apply for any 
 post-secondary courses in which a pupil is enrolled in addition 
 to being enrolled full time in that pupil's district or for any 
 post-secondary course in which a pupil is enrolled for 
 post-secondary credit.  The pupil is enrolled full time if the 
 pupil attends credit-bearing classes in the high school or high 
 school program for all of the available hours of instruction. 

    Subd. 11.    Pupils 40 miles or more from an eligible 
 institution.  A pupil who is enrolled in a secondary school 
 that is located 40 miles or more from the nearest eligible 
 institution may request that the resident district offer at 
 least one accelerated or advanced academic course within the 
 resident district in which the pupil may enroll for 
 post-secondary credit.  A pupil may enroll in a course offered 
 under this subdivision for either secondary or post-secondary 
 credit according to subdivision 5. 

    A district must offer an accelerated or advanced academic 
 course for post-secondary credit if one or more pupils requests 
 such a course under this subdivision.  The district may decide 
 which course to offer, how to offer the course, and whether to 
 offer one or more courses.  The district must offer at least one 
 such course in the next academic period and must continue to 
 offer at least one accelerated or advanced academic course for 
 post-secondary credit in later academic periods. 

    Subd. 11a.    Pupils less than 40 miles from an eligible 
 institution.  A pupil enrolled in a secondary school that is 
 located less than 40 miles from the nearest eligible institution 
 may enroll in a post-secondary course provided at the secondary 
 school. 

    HIST: 1Sp1985 c 12 art 5 s 1; 1Sp1985 c 16 art 2 s 32; 1986 c 
 447 s 1-11; 1988 c 486 s 16; 1988 c 718 art 6 s 5; 1989 c 329 
 art 9 s 8-12; 1990 c 562 art 6 s 14,15; 1991 c 265 art 2 s 2; 
 art 7 s 7,8; art 9 s 37-39,75; 1992 c 499 art 9 s 3-11; 1993 c 
 224 art 9 s 23-26; art 13 s 22,23; 1994 c 647 art 8 s 4; art 9 s 
 4-6; 1Sp1995 c 3 art 2 s 2; art 3 s 5,6; art 7 s 2; art 16 s 13; 
 1996 c 412 art 6 s 2; art 9 s 4,5; 1997 c 187 art 1 s 12; 
 1Sp1997 c 4 art 1 s 3-9; art 7 s 5,6 

  123.3515 Repealed, 1988 c 718 art 7 s 65 

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

   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 

   123.37 Independent school districts, contracts. 

    Subdivision 1.  No contract for work or labor, or for the 
 purchase of furniture, fixtures, or other property, except books 
 registered under the copyright laws, or for the construction or 
 repair of school houses, the estimated cost or value of which 
 shall exceed that specified in section 471.345, subdivision 3, 
 shall be made by the school board without first advertising for 
 bids or proposals by two weeks' published notice in the official 
 newspaper.  This notice shall state the time and place of 
 receiving bids and contain a brief description of the subject 
 matter. 

    Additional publication in the official newspaper or 
 elsewhere may be made as the board shall deem necessary. 

    After taking into consideration conformity with the 
 specifications, terms of delivery, and other conditions imposed 
 in the call for bids, every such contract shall be awarded to 
 the lowest responsible bidder, be duly executed in writing, and 
 be otherwise conditioned as required by law.  The person to whom 
 the contract is awarded shall give a sufficient bond to the 
 board for its faithful performance.  Notwithstanding section 
 574.26 or any other law to the contrary, on a contract limited 
 to the purchase of a finished tangible product, a school board 
 may require, at its discretion, a performance bond of a 
 contractor in the amount the board considers necessary.  A 
 record shall be kept of all bids, with names of bidders and 
 amount of bids, and with the successful bid indicated thereon.  
 A bid containing an alteration or erasure of any price contained 
 in the bid which is used in determining the lowest responsible 
 bid shall be rejected unless the alteration or erasure is 
 corrected as herein provided.  An alteration or erasure may be 
 crossed out and the correction thereof printed in ink or 
 typewritten adjacent thereto and initialed in ink by the person 
 signing the bid.  In the case of identical low bids from two or 
 more bidders, the board may, at its discretion, utilize 
 negotiated procurement methods with the tied low bidders for 
 that particular transaction, so long as the price paid does not 
 exceed the low tied bid price.  In the case where only a single 
 bid is received, the board may, at its discretion, negotiate a 
 mutually agreeable contract with the bidder so long as the price 
 paid does not exceed the original bid.  If no satisfactory bid 
 is received, the board may readvertise.  Standard requirement 
 price contracts established for supplies or services to be 
 purchased by the district shall be established by competitive 
 bids.  Such standard requirement price contracts may contain 
 escalation clauses and may provide for a negotiated price 
 increase or decrease based upon a demonstrable industrywide or 
 regional increase or decrease in the vendor's costs.  Either 
 party to the contract may request that the other party 
 demonstrate such increase or decrease.  The term of such 
 contracts shall not exceed two years with an option on the part 
 of the district to renew for an additional two years.  Provided 
 that in the case of purchase of perishable food items except 
 milk for school lunches and vocational training programs a 
 contract of any amount may be made by direct negotiation by 
 obtaining two or more written quotations for the purchase or 
 sale, when possible, without advertising for bids or otherwise 
 complying with the requirements of this section or section 
 471.345, subdivision 3.  All quotations obtained shall be kept 
 on file for a period of at least one year after receipt thereof. 

    Every contract made without compliance with the provisions 
 of this section shall be void.  Provided, that in case of the 
 destruction of buildings or injury thereto, where the public 
 interest would suffer by delay, contracts for repairs may be 
 made without advertising for bids. 

    Subd. 1a.  The board may authorize its superintendent or 
 business manager to lease, purchase, and contract for goods and 
 services within the budget as approved by the board, provided 
 that any transaction in an amount exceeding the minimum amount 
 for which bids are required must first be specifically 
 authorized by the board and must fulfill all other applicable 
 requirements in subdivision 1. 

    Subd. 1b.    Transportation; fuel.  Notwithstanding the 
 provisions of subdivision 1 or section 471.345, a contract for 
 the transportation of school children, or a contract for the 
 purchase of petroleum heating fuel or fuel for vehicles may be 
 made by direct negotiation, by obtaining two or more written 
 quotations for the service when possible, or upon sealed bids.  
 At least 30 days before awarding a directly negotiated contract, 
 the school district shall, by published notice, request 
 quotations for the service to be provided.  All quotations 
 obtained shall be kept on file for a period of at least one year 
 after receipt thereof.  If a contract is made by direct 
 negotiation, all quotations shall be public information.  If a 
 contract is made upon sealed bids, the procedure for advertising 
 and awarding bids shall conform to the provisions of subdivision 
 1 except as otherwise provided in this subdivision. 

    Notwithstanding the provisions of subdivision 1 or section 
 574.26, a performance bond shall be required of a contractor on 
 a contract for the transportation of school children only when 
 and in the amount deemed necessary by and at the discretion of 
 the school board. 

    Subd. 2.  Members of the board are authorized to contract 
 with, to work for, and furnish supplies to the district subject 
 to the provisions of section 471.87. 

    Subd. 3. Repealed, 1982 c 548 art 6 s 32 

    Subd. 4. Repealed, 1982 c 548 art 6 s 32 

    Subd. 5. Repealed, 1982 c 548 art 6 s 32 

    Subd. 6. Repealed, 1982 c 548 art 6 s 32 

    Subd. 7. Repealed, 1982 c 548 art 6 s 32 

    Subd. 8. Repealed, 1982 c 548 art 6 s 32 

    Subd. 9. Repealed, 1982 c 548 art 6 s 32 

    Subd. 10. Repealed, 1982 c 548 art 6 s 32 

    Subd. 11. Repealed, 1982 c 548 art 6 s 32 

    Subd. 12. Repealed, 1982 c 548 art 6 s 32 

    Subd. 13. Repealed, 1982 c 548 art 6 s 32 

    Subd. 14. Repealed, 1982 c 548 art 6 s 32 

    HIST: Ex1959 c 71 art 4 s 19; Ex1967 c 1 s 6; 1969 c 107 s 1; 
 1974 c 521 s 13-15; 1975 c 59 s 2; 1976 c 271 s 39,40; 1978 c 
 706 s 17,18; 1978 c 764 s 33-35; 1982 c 548 art 4 s 8; 1983 c 
 314 art 2 s 1; 1987 c 258 s 6; 1989 c 246 s 2; 1990 c 375 s 3; 
 1990 c 562 art 8 s 24; 1996 c 412 art 13 s 13 

   123.38 Cocurricular and extracurricular activities; 
  insurance. 

    Subdivision 1.  Whenever it shall appear to be beneficial 
 and for the best interest of the district and the pupils of the 
 district to carry on any school sport activities or educational 
 activities connected with their studies outside of the 
 territorial limits of the school district, the board may 
 authorize such activities to be conducted under such rules and 
 regulations as the board deems sufficient.  The district may pay 
 all necessary costs therefor including transportation from the 
 school district funds available. 

    Subd. 2.  The board shall take charge of and control all 
 cocurricular school activities of the teachers and children of 
 the public schools in that district held in the school building 
 or school grounds or under the supervision or direction of the 
 school board and to that end adopt rules and regulations for the 
 conduct of these activities in which the schools of the district 
 or any class or pupils therein may participate.  All money 
 received on account of such activities shall be turned over to 
 the school district treasurer, who shall keep the same in the 
 general fund, to be disbursed for expenses and salaries 
 connected with the activities, or otherwise, by the board upon 
 properly allowed itemized claims. 

    No cocurricular activity shall be participated in by the 
 teachers or pupils in the public schools of such district, nor 
 shall the school name or any allied name be used in connection 
 therewith, except by consent and direction of the board. 

    Subd. 2a.  Cocurricular activities shall mean school 
 sponsored and directed activities designed to provide 
 opportunities for pupils to participate, on an individual or 
 group basis, in school and public events for the improvement of 
 skills.  Cocurricular activities are not offered for school 
 credit, cannot be counted toward graduation and have one or more 
 of the following characteristics: 

    (a) They are conducted at regular and uniform times during 
 school hours, or at times established by school authorities; 

    (b) Although not offered for credit, they are directed or 
 supervised by instructional staff in a learning environment 
 similar to that found in courses offered for credit; 

    (c) They are partially funded by public moneys for general 
 instructional purposes under direction and control of the board. 

    Subd. 2b.  (a) The board may take charge of and control all 
 extracurricular activities of the teachers and children of the 
 public schools in the district.  Extracurricular activities 
 shall mean all direct and personal services for public school 
 pupils for their enjoyment that are managed and operated under 
 the guidance of an adult or staff member.  

    (b) Extracurricular activities have all of the following 
 characteristics: 

    (1) they are not offered for school credit nor required for 
 graduation; 

    (2) they are generally conducted outside school hours, or 
 if partly during school hours, at times agreed by the 
 participants, and approved by school authorities; 

    (3) the content of the activities is determined primarily 
 by the pupil participants under the guidance of a staff member 
 or other adult. 

    (c) If the board does not take charge of and control 
 extracurricular activities, these activities shall be 
 self-sustaining with all expenses, except direct salary costs 
 and indirect costs of the use of school facilities, met by dues, 
 admissions, or other student fundraising events.  The general 
 fund shall reflect only those salaries directly related to and 
 readily identified with the activity and paid by public funds.  
 Other revenues and expenditures for extra curricular activities 
 must be recorded according to the "Manual of Instruction for 
 Uniform Student Activities Accounting for Minnesota School 
 Districts and Area Vocational-Technical Colleges."  
 Extracurricular activities not under board control must have an 
 annual financial audit and must also be audited annually for 
 compliance with this section. 

    (d) If the board takes charge of and controls 
 extracurricular activities, any or all costs of these activities 
 may be provided from school revenues and all revenues and 
 expenditures for these activities shall be recorded in the same 
 manner as other revenues and expenditures of the district.  

    (e) If the board takes charge of and controls 
 extracurricular activities, no such activity shall be 
 participated in by the teachers or pupils in the district, nor 
 shall the school name or any allied name be used in connection 
 therewith, except by consent and direction of the board. 

    Subd. 3.  The board may enter into a contract providing for 
 the payment of cash benefits or the rendering or payment of 
 hospital and medical benefits, or both to school children 
 injured while participating in activities of the school, such 
 contract to make the payment of such benefits or the rendering 
 thereof the direct and sole obligation of the association or 
 company entering into such contract with the district. 

    If the board deems it advisable, it may authorize employees 
 to collect fees from the pupils enrolled in said school who are 
 to be or are covered by such contract, and to make payment of 
 the premium or other charge for such contract or protection.  
 The payment of such premium or other charge may be made from 
 funds received from the federal government or from the state or 
 any governmental subdivision thereof, or from funds derived by a 
 tax levy or the issuance of bonds. 

    The payment of any fees, premium or other charge by such 
 child shall not thereby make the district liable for any 
 injuries incurred from such school activities. 

    The state board of education may purchase medical insurance 
 coverage for the benefit of students of the Minnesota state 
 academy for the deaf or the Minnesota state academy for the 
 blind in the same manner and with the same effect as a school 
 district board may do for its students under this subdivision.  

    Subd. 4.  The insurance laws of this state shall not apply 
 to nonprofit benefit and relief associations formed by public 
 schools or officers of public schools or the Minnesota state 
 high school league, the privileges of which and applications for 
 membership in which are confined to pupils of the schools, and 
 the benefits and relief to be derived therefrom are limited to 
 pupils injured or disabled from participation in school 
 athletics or any supervised school activity. 

    HIST: Ex1959 c 71 art 4 s 20; 1971 c 254 s 1; 1976 c 212 s 
 1-5; 1979 c 335 s 14; 1987 c 258 s 12; 1987 c 384 art 1 s 55; 
 1989 c 246 s 2; 1990 c 562 art 8 s 25; 1991 c 265 art 9 s 40; 
 1996 c 412 art 13 s 14,15 

   123.39 Independent school districts, transportation. 

    Subdivision 1.  The board may provide for the 
 transportation of pupils to and from school and for any other 
 purpose.  The board may also provide for the transportation of 
 pupils to schools in other districts for grades and departments 
 not maintained in the district, including high school, at the 
 expense of the district, when funds are available therefor and 
 if agreeable to the district to which it is proposed to 
 transport the pupils, for the whole or a part of the school 
 year, as it may deem advisable, and subject to its rules.  In 
 any school district, the board shall arrange for the attendance 
 of all pupils living two miles or more from the school, except 
 pupils whose transportation privileges have been revoked under 
 section 123.805, subdivision 1, clause (6), or 123.7991, 
 paragraph (b), through suitable provision for transportation or 
 through the boarding and rooming of the pupils who may be more 
 economically and conveniently provided for by that means.  The 
 board shall provide transportation to and from the home of a 
 child with a disability not yet enrolled in kindergarten when 
 special instruction and services under sections 120.17 and 
 120.1701 are provided in a location other than in the child's 
 home.  When transportation is provided, scheduling of routes, 
 establishment of the location of bus stops, manner and method of 
 transportation, control and discipline of school children and 
 any other matter relating thereto shall be within the sole 
 discretion, control, and management of the school board.  The 
 district may provide for the transportation of pupils or expend 
 a reasonable amount for room and board of pupils whose 
 attendance at school can more economically and conveniently be 
 provided for by that means or who attend school in a building 
 rented or leased by a district within the confines of an 
 adjacent district. 

    Subd. 2.  The board may contract for the furnishing of 
 authorized transportation under rules established by the 
 commissioner of children, families, and learning, and may 
 purchase gasoline and furnish same to a contract carrier for use 
 in the performance of a contract with the school district for 
 transportation of school children to and from school. 

    Subd. 3. Repealed, 1980 c 609 art 2 s 7 

    Subd. 4.  The board may provide for the instruction of any 
 resident pupil in another district when inadequate room, 
 distance to school, unfavorable road conditions, or other facts 
 or conditions make attendance in the pupil's own district 
 unreasonably difficult or impractical, in which case such 
 district shall pay to the district so attended the tuition 
 agreed upon or charged, pursuant to section 124.18, subdivision 
 2, and may provide transportation; provided, that such pupil 
 shall continue to be a pupil of the district of residence for 
 the payment of apportionment and other state aids. 

    Subd. 5.  The board may provide for the admission to the 
 schools of the district, of nonresident pupils, and those above 
 school age, and fix the rates of tuition for such pupils. 

    Subd. 5a.  Repealed, 1978 c 764 s 143 

    Subd. 6.  For the purposes of this subdivision, a 
 "nonresident pupil" is a pupil who resides in one district, 
 defined as the "resident district" and attends school in another 
 district, defined as the "nonresident district." 

    If requested, a nonresident district shall transport a 
 nonresident pupil within its borders and may transport a 
 nonresident pupil within the pupil's resident district.  If a 
 nonresident district decides to transport a nonresident pupil 
 within the pupil's resident district, the nonresident district 
 must notify the pupil's resident district of its decision, in 
 writing, prior to providing transportation. 

    Subd. 7.  If high school pupils from a district within this 
 state are being transported to a school in another state, the 
 board of the district from which the pupils are being 
 transported may provide free transportation and tuition for any 
 or all of its elementary pupils to such school in another state 
 and be entitled to state aid as provided by law. 

    Subd. 8.  The board may rent a bus owned by the school 
 district excluding a motor-coach bus to any person for any 
 lawful purpose.  Bus rental shall not interfere with the 
 transportation of pupils by the district.  A lessee may use and 
 operate the bus without payment of a motor vehicle tax.  The 
 lessee is liable for any claims for injuries and damages arising 
 out of the use and operation of a bus leased from the district.  
 Except as provided in subdivision 9a, the lessee shall procure 
 insurance at the lessee's expense protecting the board and the 
 district against claims for injuries and damages arising out of 
 the use and operation of the bus. 

    Subd. 8a.  Notwithstanding the provisions of section 
 221.021, any public school district or school bus contractor 
 providing transportation services to a school district on a 
 regular basis in this state may operate school buses, excluding 
 motor coach buses, for the purpose of providing transportation 
 to nonpupils of the school district attending school events, as 
 defined in section 123.38, subdivision 2a or 2b, provided that 
 no carrier having a charter carrier permit has its principal 
 office and place of business or bus garage within 12 miles of 
 the principal office of the school district.  School district 
 owned buses and the operators thereof shall otherwise comply 
 with the provisions of this section and the rules of the state 
 board of education and shall be insured in at least the amounts 
 stated in section 466.04, subdivision 1.  In all cases the total 
 cost of providing such services, as determined by sound 
 accounting procedures, shall be paid by charges made against 
 those using the buses. 

    Subd. 8b.  School districts may use school district owned 
 or contractor operated school buses to provide transportation 
 along regular school bus routes on a space available basis for 
 any person, provided that this use of a bus does not interfere 
 with the transportation of pupils to and from school or other 
 authorized transportation of pupils.  In all cases, the total 
 additional cost of providing these services, as determined by 
 sound accounting procedures, shall be paid by charges made 
 against those using these services or some third-party payor.  
 In no case shall the additional cost of this transportation be 
 paid by the school district. 

    The provisions of section 65B.47, subdivision 4, shall be 
 applicable to any person being transported pursuant to this 
 subdivision. 

    Subd. 8c.  School districts may provide bus transportation 
 along regular school bus routes on a space available basis for 
 part-time students enrolled in secondary classes pursuant to 
 section 123.35, subdivisions 8a, 8b and 8c, provided that this 
 use of a bus does not interfere with the transportation of 
 pupils to and from school or other authorized transportation of 
 pupils.  The total additional cost of providing these services, 
 as determined by sound accounting procedures, shall be paid by 
 charges made against those using the services or some 
 third-party payor.  

    Subd. 8d.  School districts may provide bus transportation 
 along regular school bus routes when space is available for 
 participants in early childhood family education programs and 
 learning readiness programs if these services do not result in 
 an increase in the district's expenditures for transportation.  
 The costs allocated to these services, as determined by 
 generally accepted accounting principles, shall be considered 
 part of the authorized cost for regular transportation for the 
 purposes of section 124.225. 

    Subd. 8e.  School districts may provide bus transportation 
 along school bus routes established to provide nonregular 
 transportation as defined in section 124.225, subdivision 1, 
 paragraph (e)(2)(ii), when space is available, for pupils 
 attending programs at an area learning center.  The 
 transportation is only permitted between schools and if it does 
 not increase the district's expenditures for transportation.  
 The cost of these services shall be considered part of the 
 authorized cost for nonregular transportation for the purpose of 
 section 124.225. 

    Subd. 9.  The board may provide for the protection of 
 pupils transported for school purposes or activities in district 
 owned, operated, leased, or controlled motor vehicles against 
 injuries or damages arising out of the operation of these 
 vehicles.  The board may purchase and pay for insurance from any 
 funds available.  An insurance contract covering this risk shall 
 contain a waiver of the defense of governmental immunity.  The 
 payment of any insurance premiums by the district does not in 
 itself make the district liable for any injuries or damages 
 incurred by the transportation. 

    Subd. 9a.  If a school board has obtained insurance 
 pursuant to subdivision 9 or section 466.06, it may also obtain 
 and pay for insurance coverage to indemnify a lessee and to 
 protect the board and the district, in any amount not exceeding 
 the limits of coverage provided for the insurance obtained 
 pursuant to subdivision 9 or section 466.06 against claims for 
 injuries and damages arising out of the use and operation of a 
 district-owned bus while it is leased or rented to the lessee 
 pursuant to subdivision 8.  The rental charge shall include the 
 cost of this additional insurance coverage.  The procurement of 
 this additional insurance coverage constitutes a waiver of the 
 defense of governmental immunity to the extent of the additional 
 coverage but has no effect on the liability of the board, the 
 school district, or its employees beyond the coverage so 
 provided. 

    Subd. 10.  The board may provide and pay the premiums for 
 the protection for school children, instructors and automobile 
 owners, and any other agency cooperating in providing cars for 
 districts where driver training courses are being offered, 
 against public liability, property damage, collision, fire and 
 theft, arising out of the operation of any vehicle used in the 
 courses.  Nothing herein shall make the district liable for 
 injuries resulting from the actions of such persons. 

    Subd. 11.  The board may provide and pay the premiums for 
 insurance against injuries resulting to its pupils while 
 assigned to and acting on a school safety patrol, which 
 insurance may provide for the payment of either cash benefits to 
 such injured pupil or for the payment of hospital and medical 
 benefits to or for such injured pupil, or both.  Nothing herein 
 shall be construed to in any way make the district liable for 
 such injuries. 

    Subd. 12.  The board may enter into contracts for the 
 removal of snow from roads used for regular bus routes 
 transporting pupils to and from school either within or without 
 the district. 

    Subd. 13.  The board shall contract with any licensed 
 developmental achievement center attended by a resident 
 handicapped person who fulfills the eligibility requirements of 
 section 252.23, subdivision 1, to transport the resident 
 handicapped person to the developmental achievement center in 
 return for payment by the center of the cost of the 
 transportation, if transportation by the board is in the best 
 interest of the handicapped person and is not unreasonably 
 burdensome to the district and if a less expensive, reasonable, 
 alternative means of transporting the handicapped person does 
 not exist.  If the board and the developmental achievement 
 center are unable to agree to a contract, either the board or 
 the center may appeal to the commissioner of children, families, 
 and learning to resolve the conflict.  All decisions of the 
 commissioner shall be final and binding upon the board and the 
 center. 

    Subd. 14.  The board may provide transportation for a pupil 
 who is a custodial parent and that pupil's child between the 
 pupil's home and a child care provider and between the provider 
 and the school.  The board shall establish criteria for 
 transportation it provides according to this subdivision.  

    Subd. 15.    Pupil transport on staff development days.  
 A school district may provide bus transportation between home 
 and school for pupils on days devoted to parent-teacher 
 conferences, teacher's workshops, or other staff development 
 opportunities.  If approved by the commissioner as part of a 
 program of educational improvement, the cost of providing this 
 transportation, as determined by generally accepted accounting 
 principles, must be considered part of the authorized cost for 
 regular transportation for the purposes of section 124.225.  The 
 commissioner shall approve inclusion of these costs in the 
 regular transportation category only if the total number of 
 instructional hours in the school year divided by the total 
 number of days for which transportation is provided equals or 
 exceeds the number of instructional hours per day prescribed in 
 the rules of the state board.  

    Subd. 16.    Post-secondary enrollment options pupils.  
 School districts may provide bus transportation along school bus 
 routes established to provide nonregular transportation as 
 defined in section 124.225, subdivision 1, paragraph (c), clause 
 (2), when space is available, for pupils attending programs at a 
 post-secondary institution under the post-secondary enrollment 
 options program.  The transportation is permitted only if it 
 does not increase the district's expenditures for 
 transportation.  Fees collected for this service under section 
 120.73, subdivision 1, paragraph (m), shall be subtracted from 
 the authorized cost for nonregular transportation for the 
 purpose of section 124.225. 

    HIST: Ex1959 c 71 art 4 s 21 subds 1-12; 1963 c 663 s 2; 1973 
 c 560 s 1; 1974 c 44 s 1; 1974 c 521 s 16; 1975 c 238 s 1; 1977 
 c 337 s 1; 1977 c 447 art 1 s 1; 1978 c 706 s 19; 1978 c 764 s 
 36,37; 1981 c 194 s 2; 1981 c 234 s 1-3; 1981 c 358 art 2 s 1; 
 1983 c 314 art 7 s 21; 1Sp1985 c 12 art 2 s 1; 1986 c 444; 1987 
 c 398 art 3 s 15; 1988 c 718 art 2 s 3; 1989 c 329 art 2 s 1; 
 1990 c 562 art 2 s 2,3; art 6 s 16; 1991 c 130 s 37; 1991 c 265 
 art 3 s 38; 1992 c 499 art 2 s 1; art 12 s 29; 1993 c 13 art 1 s 
 26; 1993 c 224 art 2 s 3,4; 1994 c 647 art 12 s 1; 1Sp1995 c 3 
 art 2 s 3; art 16 s 13; 1996 c 412 art 2 s 6; 1Sp1997 c 4 art 1 
 s 10 

   123.40 Independent school districts, specific powers and 
  duties. 

    Subdivision 1.  The board shall provide for the payment of 
 all just claims against the district in cases provided by law. 

    Subd. 2.  In all proper cases, the board shall prosecute 
 and defend actions by or against the district. 

    Subd. 3.  The board may receive, for the benefit of the 
 district, bequests, donations, or gifts for any proper purpose 
 and apply the same to the purpose designated.  In that behalf, 
 the board may act as trustee of any trust created for the 
 benefit of the district, or for the benefit of pupils thereof, 
 including trusts created to provide pupils of the district with 
 advanced education after completion of high school, in the 
 advancement of education. 

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

    Subd. 5. Repealed, 1981 c 358 art 7 s 31 

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

    Subd. 7.  Repealed, 1977 c 447 art 6 s 13 

    Subd. 8.  The board may authorize a representative to move 
 unauthorized vehicles parked on school district property, or 
 require the driver or other person in charge of the vehicle to 
 move the same off school district property. 

    When such representative finds such a vehicle unattended 
 upon school district premises, such representative is hereby 
 authorized to provide for the removal of such vehicle and remove 
 the same to the nearest convenient garage or other place of 
 safety off of school district property.  Such vehicle shall be 
 moved at the expense of the owner or operator. 

    HIST: Ex1959 c 71 art 4 s 22; 1961 c 562 s 13; 1967 c 704 s 1; 
 1975 c 162 s 41; 1978 c 706 s 20 

   123.41 Liability insurance, officers and employees.  

    The governing body of any independent school district may 
 procure insurance against liability of the school district or of 
 its officers and employees for damages resulting from wrongful 
 acts and omissions of the school district and its officers and 
 employees, whether the acts or omissions relate to governmental 
 or proprietary functions of the school district.  Insofar as 
 this insurance relates to governmental functions of the school 
 district, the policy of insurance shall contain a provision 
 under which the insurance company agrees to waive the defense of 
 governmental immunity up to the limits of the policy unless the 
 school district consents to the assertion of that defense.  

    HIST: Ex1959 c 71 art 4 s 23 

   123.42 Limitation of sections. 

    Material contained in sections 123.33 to 123.41, unless 
 expressly stated otherwise, relates only to independent school 
 districts. 

    HIST: Ex1959 c 71 art 4 s 24; 1980 c 509 s 32; 1989 c 209 art 
 2 s 1 

  123.43-123.50 MS 1953 Repealed, 1957 c 947 art 9 s 9 

   123.51 Special school districts, laws applicable. 

    Special districts as now organized shall continue to 
 operate under the special legislation and charter provisions 
 governing them until conversion to independent districts.  The 
 provisions of law relating to independent districts shall apply 
 to and govern each special district unless the special laws and 
 charter provisions governing the special district provide for 
 the matter, in which case the special laws and charter 
 provisions relating to the special district shall apply and 
 control.  Sections 205A.01 to 205A.11 control and supersede 
 inconsistent provisions of special laws or charters in the 
 administration of school district elections in special districts.

    HIST: Ex1959 c 71 art 4 s 25; 1980 c 609 art 6 s 19; 1987 c 
 266 art 2 s 11 

  123.52-123.55 MS 1953 Repealed, 1957 c 947 art 9 s 9 

   123.56 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  123.56 MS 1974 Repealed, 1975 c 162 s 42 

  123.57 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  123.58 Repealed, 1Sp1995 c 3 art 9 s 42 

    123.581 Subdivision 1.  Repealed, 1989 c 329 art 9 
 s 34 

    Subd. 2.  Repealed, 1983 c 260 s 68 

    Subd. 3.  Repealed, 1983 c 260 s 68 

    Subd. 4.  Repealed, 1983 c 260 s 68 

    Subd. 5.  Repealed, 1983 c 260 s 68 

    Subd. 6.  Repealed, 1989 c 329 art 9 s 34 

    Subd. 7.  Repealed, 1983 c 260 s 68 

     123.582 Service cooperatives. 

    Subdivision 1.    Establishment of service cooperatives. 
  (a) Ten service cooperatives, hereafter designated as SCs, 
 are established.  Geographical boundaries for each SC shall 
 coincide with those identified in governor's executive orders 8, 
 dated September 1, 1971, and 59, dated May 29, 1973, issued 
 pursuant to the regional development act of 1969, Minnesota 
 Statutes, sections 462.381 to 462.397, with the following 
 exceptions: 

    (1) development regions one and two shall be combined to 
 form a single SC; 

    (2) development regions six east and six west shall be 
 combined to form a single SC; and 

    (3) development regions seven east and seven west shall be 
 combined to form a single SC. 

    (b) The SC shall cooperate with the regional development 
 commission for the region with which its boundaries coincide but 
 shall not be responsible to nor governed by that regional 
 development commission. 

    (c) Two or more identified SCs may, upon approval by a 
 majority of the members in each affected SC, be combined and 
 administered as a single SC. 

    Subd. 2.    Purpose of SC.  The primary purposes of 
 designation as a SC shall be to perform planning on a regional 
 basis and to assist in meeting specific needs of clients in 
 participating governmental units which could be better provided 
 by a SC than by the members themselves.  The SC shall provide 
 those programs and services which are determined, pursuant to 
 subdivision 7, to be priority needs of the particular region and 
 shall assist in meeting special needs which arise from 
 fundamental constraints upon individual members. 

    Subd. 3.    Membership and participation.  Full 
 membership in a SC shall be limited to public school districts, 
 cities, counties, and other governmental units as defined in 
 section 471.59, but nonvoting memberships shall be available to 
 nonpublic school administrative units and other partnership 
 agencies or organizations within the SC.  A school district, 
 city, county, or other governmental unit or nonprofit 
 organization may belong to one or more SCs.  Participation in 
 programs and services provided by the SC shall be 
 discretionary.  No school district, city, county, or other 
 governmental unit shall be compelled to participate in these 
 services under authority of this section.  Nonpublic school 
 students and personnel are encouraged to participate in programs 
 and services to the extent allowed by law. 

    Subd. 4.    Governing board.  (a) The care, management, 
 and control of a SC shall be vested in a board of directors 
 composed of not less than six nor more than 15 members.  A 
 majority of the members of the SC board of directors shall be 
 current members of school boards of participating public school 
 districts.  Election of the school board members to the SC board 
 of directors shall be by vote of all current school board 
 members of participating public school districts with each 
 school board member having one vote.  The remaining board 
 members may be representatives at large appointed by the board 
 members or elected as representatives by other participating 
 agencies, such as cities, counties, or other governmental units. 

    (b) The election timeline shall be compatible with those 
 for school board members and shall be addressed within the 
 bylaws of each SC.  

    (c) A vacancy on the SC board which results in an unexpired 
 term may be filled by appointment by the SC board of directors 
 until such vacancy can be filled at the next board election. 

    (d) At the organizational meeting, the SC board shall 
 choose its officers and conduct any other necessary 
 organizational business.  The SC board may, at its discretion, 
 appoint up to three members at large to the SC board as ex 
 officio, nonvoting members of the board and shall encourage the 
 advisory participation of a cross-section of school and agency 
 personnel within the SC to the extent allowed by law. 

    (e) The officers of the SC board shall be a chair, 
 vice-chair, clerk, and treasurer, no two of whom when possible 
 shall be from the same agency. 

    (f) A member of the SC board shall have the same liability 
 applicable to a member of an independent school board or other 
 elected governmental officials. 

    Subd. 5.    Duties and powers of SC board of directors.  
 The board of directors shall have authority to maintain and 
 operate a SC.  Subject to the availability of necessary 
 resources, the powers and duties of this board shall include the 
 following: 

    (a) The board of directors shall submit, by June 1 of each 
 year to each participating member, an annual plan which 
 describes the objectives and procedures to be implemented in 
 assisting in resolution of the needs of the SC.  

    (b) The SC board of directors shall provide adequate 
 office, service center, and administrative facilities by lease, 
 purchase, gift, or otherwise.  

    (c) The SC board of directors shall employ a central 
 administrative staff and other personnel as necessary to provide 
 and support the agreed upon programs and services.  The board 
 may discharge staff and personnel pursuant to applicable 
 provisions of law.  SC staff and personnel may participate in 
 retirement programs and any other programs available to public 
 school staff and personnel.  

    (d) The SC board of directors may appoint special advisory 
 committees composed of superintendents, central office 
 personnel, building principals, teachers, parents, lay persons, 
 and representatives from cities, counties, and other 
 governmental units.  

    (e) The SC board of directors may employ service area 
 personnel pursuant to licensure and certification standards 
 developed by the appropriate state agency such as the state 
 board and the state board of teaching.  

    (f) The SC board of directors may enter into contracts with 
 school boards of local districts including school districts 
 outside the SC area.  

    (g) The SC board of directors may enter into contracts with 
 other public and private agencies and institutions to provide 
 administrative staff and other personnel as necessary to furnish 
 and support the agreed upon programs and services.  

    (h) The SC board of directors shall exercise all powers and 
 carry out all duties delegated to it by members under provisions 
 of the SC bylaws.  The SC board of directors shall be governed, 
 when not otherwise provided, by applicable laws of the state. 

    (i) The SC board of directors shall submit an annual 
 evaluation report of the effectiveness of programs and services 
 to the members by September 1 of each year following the 
 previous June 30 in which the programs and services were 
 provided.  

    (j) The SC board is encouraged to establish cooperative, 
 working relationships and partnerships with post-secondary 
 educational institutions, other public agencies, business, and 
 industry.  

    Subd. 6.    Appointment of an advisory council.  There 
 may be advisory councils selected to give advice and counsel to 
 the SC board of directors.  The councils may be composed of 
 representatives from public and nonpublic schools, cities, 
 counties, and other governmental units.  

    Subd. 7.    Educational programs and services.  The 
 board of directors of each SC shall submit annually a plan to 
 the members.  The plan shall identify the programs and services 
 which are suggested for implementation by the SC during the 
 following year and shall contain components of long-range 
 planning determined by the SC.  These programs and services may 
 include, but are not limited to, the following areas: 

    (1) administrative services; 

    (2) curriculum development; 

    (3) data processing; 

    (4) distance learning and other telecommunication services; 

    (5) evaluation and research; 

    (6) staff development; 

    (7) media and technology centers; 

    (8) publication and dissemination of materials; 

    (9) pupil personnel services; 

    (10) planning; 

    (11) secondary, post-secondary, community, adult, and adult 
 vocational education; 

    (12) teaching and learning services, including services for 
 students with special talents and special needs; 

    (13) employee personnel services; 

    (14) vocational rehabilitation; 

    (15) health, diagnostic, and child development services and 
 centers; 

    (16) leadership or direction in early childhood and family 
 education; 

    (17) community services; 

    (18) shared time programs; 

    (19) fiscal services and risk management programs; 

    (20) technology planning, training, and support services; 

    (21) health and safety services; 

    (22) student academic challenges; and 

    (23) cooperative purchasing services. 

    Subd. 8.    Technical assistance.  Service cooperatives 
 shall, to the extent possible, make technical assistance for 
 long-range planning available to school districts upon request 
 and shall establish a common database for local and regional 
 decision making.  

    Subd. 9.    Financial support for the service 
 cooperatives.  (a) Financial support for SC programs and 
 services shall be provided by participating members with 
 private, state, and federal financial support supplementing as 
 available.  The SC board of directors may, in each year, for the 
 purpose of paying any administrative, planning, operating, or 
 capital expenses incurred or to be incurred, assess and certify 
 to each participating school district, nonpublic school 
 administrative unit, city, county, and other governmental unit 
 its proportionate share of all expenses.  This share shall be 
 based upon the extent of participation by each school district, 
 nonpublic school administrative unit, city, county, or other 
 governmental unit and shall be in the form of a service fee.  
 Each participating school district, nonpublic school 
 administrative unit, city, county, or other governmental unit 
 shall remit its assessment to the SC board as provided in the SC 
 bylaws.  The assessments shall be paid within the maximum levy 
 limitations of each participating member.  No participating 
 member shall have any additional liability for the debts or 
 obligations of the SC except that assessment which has been 
 certified as its proportionate share and any other liability the 
 member assumes under section 123.35, subdivision 19b. 

    (b) Any property acquired by the SC board is public 
 property to be used for essential public and governmental 
 purposes which shall be exempt from all taxes and special 
 assessments levied by a city, county, state, or political 
 subdivision thereof.  If the SC is dissolved, its property must 
 be distributed to the members at the time of the dissolution. 

    (c) A member may elect to withdraw participation in the SC 
 by a majority vote of its full board membership and upon 
 compliance with the applicable withdrawal provisions of the SC 
 organizational agreement.  The withdrawal shall be effective on 
 the June 30 following receipt by the board of directors of 
 written notification of the withdrawal by February 1 of the same 
 year.  Notwithstanding the withdrawal, the proportionate share 
 of any expenses already certified to the withdrawing member for 
 the SC shall be paid to the SC board. 

    (d) The SC is a public corporation and agency and its board 
 of directors may make application for, accept, and expend 
 private, state, and federal funds that are available for 
 programs of the members.  

    (e) The SC is a public corporation and agency and as such, 
 no earnings or interests of the SC may inure to the benefit of 
 an individual or private entity. 

    Subd. 10.    Annual meeting.  Each SC shall conduct a 
 meeting at least annually for its members. 

    Subd. 11.    Joint powers act.  Nothing in this section 
 shall restrict the authority granted to school district boards 
 of education by section 471.59. 

    HIST: 1Sp1995 c 3 art 9 s 25 

  123.60 Repealed, 1989 c 329 art 9 s 34 

  123.601 Repealed, 1989 c 329 art 9 s 34 

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

     123.62 Plats. 

    The auditor shall keep in the auditor's office books 
 containing a correct plat and description of each district, 
 whether wholly or partly in the auditor's county.  The auditor 
 shall submit to the state department a description and the 
 revised plats showing changes made in district boundaries within 
 60 days of such changes. 

    HIST: Ex1959 c 71 art 4 s 28; 1975 c 162 s 41; 1978 c 616 s 6; 
 1986 c 444 

     123.63 Eminent domain.  

    In any municipal corporation or district in this state 
 where the governing body or board has the right, power, and 
 authority to purchase sites for school buildings without 
 authorization by the voters at a regular or special meeting or 
 election called for that purpose, such governing body or school 
 board shall have the right, power, and authority to condemn 
 lands under the right of eminent domain for sites and grounds 
 for public school buildings and such power and authority shall 
 be exercised under and pursuant to the terms and provisions of 
 chapter 117.  Any such corporation or school district shall have 
 the right, upon the filing of the award of the commissioners 
 provided for in chapter 117, and upon giving the notice therein 
 required of the filing of such award, to enter upon and 
 appropriate the lands so condemned without giving of any bond, 
 but in case of such entry and appropriation, such corporation or 
 school district shall be bound absolutely to pay all damages 
 awarded, either by the commissioners or by the court upon appeal 
 therefrom, together with all costs and expenses adjudged against 
 it therein within the time specified in chapter 117.  In case 
 any such corporation or school district shall appeal from the 
 award of commissioners appointed pursuant to any such 
 condemnation proceedings, such corporation or school district 
 shall not be required to give or file any appeal bond therein.  

    HIST: Ex1959 c 71 art 4 s 29 

     123.64 Agricultural education.  

    The board of any district in which instruction in 
 agriculture is afforded is authorized and empowered to purchase 
 or otherwise acquire by condemnation proceedings as provided for 
 acquiring schoolhouse sites in the name and in behalf of such 
 district, a suitable tract of land either within or without the 
 limits of such district to be used for the purpose of 
 instruction, experimentation, and demonstration in agriculture.  
 The provisions of this section shall apply as well to districts 
 organized under special acts as under the general laws, 
 notwithstanding any provisions or restrictions in the laws under 
 which the same are organized.  

    HIST: Ex1959 c 71 art 4 s 30 

  123.65 Repealed, 1980 c 609 art 6 s 48 

     123.66 Records as evidence.  

    The records of all districts and boards and all transcripts 
 thereof, or any part thereof, certified by the clerk or other 
 officer having custody thereof, shall be prima facie evidence of 
 the facts therein stated and all records, books, and papers of 
 such district or board shall be subject to the inspection of any 
 voter of the district.  

    HIST: Ex1959 c 71 art 4 s 32 

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

  123.68 Repealed, 1989 c 329 art 9 s 34 

     123.681 Sale at auction. 

    Notwithstanding sections 123.37, subdivision 1, 471.345 or 
 any other law, the board of a school district or of a 
 cooperative center for vocational education may, in lieu of 
 advertising for bids, sell at public auction to the highest 
 responsible bidder a building constructed or to be constructed 
 by a secondary or post-secondary school student or class as a 
 school assignment.  A board shall publish notice of a sale at 
 least two weeks before the sale in the official newspaper of the 
 district, or in the case of a cooperative center, in the 
 official newspapers of each of the member districts, and may, at 
 its discretion, publish additional notice in the official paper 
 or elsewhere.  A building may be withdrawn from sale prior to 
 the completion of the sale unless the auction has been announced 
 to be without reserve.  If the sale is made at public auction, a 
 duly licensed auctioneer shall be retained to conduct the sale.  
 The auctioneer shall be paid from the proceeds of the sale or 
 from any funds available to the board which are not otherwise 
 restricted or encumbered. 

    HIST: 1979 c 110 s 1 

   123.69 Expired 

*   NOTE:  See also section 144.45. 

*   NOTE:  Laws 1979, chapter 292, section 2.

     123.70 Health standards; immunizations; school children. 

    Subdivision 1.  Except as provided in subdivisions 3 and 4, 
 no person over two months old may be allowed to enroll or remain 
 enrolled in any elementary or secondary school or child care 
 facility in this state until the person has submitted to the 
 administrator or other person having general control and 
 supervision of the school or child care facility, one of the 
 following statements: 

    (1) a statement from a physician or a public clinic which 
 provides immunizations stating that the person has received 
 immunization, consistent with medically acceptable standards and 
 with the provisions of subdivision 10, against measles after 
 having attained the age of 12 months, rubella, diphtheria, 
 tetanus, pertussis, polio, mumps, and haemophilus influenza type 
 b; or 

    (2) a statement from a physician or a public clinic which 
 provides immunizations stating that the person has received 
 immunizations, consistent with medically acceptable standards 
 and with the provisions of subdivision 10, against measles after 
 having attained the age of 12 months, rubella, mumps, and 
 haemophilus influenza type b and that the person has commenced a 
 schedule of immunizations for diphtheria, tetanus, pertussis, 
 and polio and which indicates the month and year of each 
 immunization received.  

    Subd. 2.  No person who has commenced a treatment schedule 
 of immunization pursuant to subdivision 1, clause (2), may 
 remain enrolled in any child care facility, elementary, or 
 secondary school in this state after 18 months of enrollment 
 unless there is submitted to the administrator, or other person 
 having general control and supervision of the school or child 
 care facility, a statement from a physician or a public clinic 
 which provides immunizations that the person has completed the 
 primary schedule of immunizations for diphtheria, tetanus, 
 pertussis, and polio and in which the month and year of each 
 additional immunization received is included.  For a child less 
 than seven years of age, a primary schedule of immunizations 
 shall consist of four doses of vaccine for diphtheria, tetanus, 
 and pertussis and three doses of vaccine for poliomyelitis.  For 
 a child seven years of age or older, a primary schedule of 
 immunizations shall consist of three doses of vaccine for 
 diphtheria, tetanus, and polio. 

    Subd. 3.  (a) If a person is at least seven years old and 
 has not been immunized against pertussis, the person must not be 
 required to be immunized against pertussis. 

    (b) If a person is at least 18 years old and has not 
 completed a series of immunizations against poliomyelitis, the 
 person must not be required to be immunized against 
 poliomyelitis.  

    (c) If a statement, signed by a physician, is submitted to 
 the administrator or other person having general control and 
 supervision of the school or child care facility stating that an 
 immunization is contraindicated for medical reasons or that 
 laboratory confirmation of the presence of adequate immunity 
 exists, the immunization specified in the statement need not be 
 required.  

    (d) If a notarized statement signed by the minor child's 
 parent or guardian or by the emancipated person is submitted to 
 the administrator or other person having general control and 
 supervision of the school or child care facility stating that 
 the person has not been immunized as prescribed in subdivision 1 
 because of the conscientiously held beliefs of the parent or 
 guardian of the minor child or of the emancipated person, the 
 immunizations specified in the statement shall not be required.  
 This statement must also be forwarded to the commissioner of the 
 department of health.  

    (e) If the person is under 15 months, the person is not 
 required to be immunized against measles, rubella, or mumps. 

    (f) If a person is at least five years old and has not been 
 immunized against haemophilus influenza type b, the person is 
 not required to be immunized against haemophilus influenza type 
 b. 

    Subd. 4.  A person who is enrolling or enrolled in an 
 elementary or secondary school or child care facility may 
 substitute a statement from the emancipated person or a parent 
 or guardian if the person is a minor child in lieu of the 
 statement from a physician or public clinic which provides 
 immunizations.  If the statement is from a parent or guardian or 
 emancipated person, the statement shall indicate the month and 
 year of each immunization given.  In order for the statement to 
 be acceptable for a person who is enrolling in an elementary 
 school and who is six years of age or younger, it must indicate 
 that the following was given:  no less than one dose of vaccine 
 each for measles, mumps, and rubella given separately or in 
 combination, and no less than four doses of vaccine for 
 poliomyelitis, unless the third dose was given after the fourth 
 birthday, then three doses are minimum, and no less than five 
 doses of vaccine for diphtheria, tetanus, and pertussis, unless 
 the fourth dose was given after the fourth birthday, then four 
 are minimum.  In order for the statement to be acceptable for a 
 person who is enrolling in an elementary or secondary school and 
 is age seven through age 19, the statement must indicate that 
 the person has received no less than one dose of vaccine each 
 for measles, mumps, and rubella given separately or in 
 combination and consistent with subdivision 10, and no less than 
 three doses of vaccine for poliomyelitis, diphtheria, and 
 tetanus.  

    In order for the statement to be acceptable for a person 
 who is enrolling in a secondary school, and who was born after 
 1956 and is 20 years of age or older, the statement must 
 indicate that the person has received no less than one dose of 
 vaccine each for measles, mumps, and rubella given separately or 
 in combination, and no less than one dose of vaccine for 
 diphtheria and tetanus within the preceding ten years.  In order 
 for the statement to be acceptable for a person who is enrolling 
 in a child care facility and who is at least 15 months old but 
 who has not reached five years of age, it must indicate that the 
 following were given:  no less than one dose of vaccine each for 
 measles, mumps, and rubella given separately or in combination; 
 no less than one dose of vaccine for haemophilus influenza type 
 b; no less than four doses of vaccine for diphtheria, tetanus, 
 and pertussis; and no less than three doses of vaccine for 
 poliomyelitis.  In order for the statement to be acceptable for 
 a person who is enrolling in a child care facility and who is 
 five or six years of age, it must indicate that the following 
 was given:  no less than one dose of vaccine each for measles, 
 mumps, and rubella given separately or in combination, no less 
 than four doses of vaccine for diphtheria, tetanus, and 
 pertussis, and no less than three doses of vaccine for 
 poliomyelitis.  In order for the statement to be acceptable for 
 a person who is enrolling in a child care facility and who is 
 seven years of age or older, the statement must indicate that 
 the person has received no less than one dose of vaccine each 
 for measles, mumps, and rubella given separately or in 
 combination and consistent with subdivision 10, and no less than 
 three doses of vaccine for poliomyelitis, diphtheria, and 
 tetanus.  The commissioner of health, on finding that any of the 
 above requirements are not necessary to protect the public's 
 health, may suspend for one year that requirement.  

    Subd. 5.  If a person transfers from one elementary or 
 secondary school to another, the school board of a public school 
 district or the administrator of a nonpublic school may allow 
 the person up to a maximum of 30 days to submit one or more of 
 the statements as specified in subdivision 1 or 3, during which 
 time the person may enroll in and attend the school.  If a 
 person enrolls in a child care facility in which at least 75 
 percent of children in the facility participate on a one-time 
 only or occasional basis to a maximum of 45 hours per child, per 
 month, or is placed in a facility by a crisis nursery, the 
 person shall be exempt from all requirements of this section for 
 up to five consecutive days, starting from the first day of 
 attendance. 

    Subd. 6.  The commissioner of health, on finding that an 
 immunization required pursuant to this section is not necessary 
 to protect the public's health, may suspend for one year the 
 requirement that children receive that immunization. 

    Subd. 7.  Each school or child care facility shall maintain 
 on file immunization records for all persons in attendance that 
 contain the information required by subdivisions 1, 2, and 3.  
 The school shall maintain the records for at least five years 
 after the person attains the age of majority.  The department of 
 health and the board of health, as defined in section 145A.02, 
 subdivision 2, in whose jurisdiction the school or child care 
 facility is located, shall have access to the files maintained 
 pursuant to this subdivision.  When a person transfers to 
 another elementary or secondary school or child care facility, 
 the administrator or other person having general control and 
 supervision of the school or child care facility shall assist 
 the person's parent or guardian in the transfer of the 
 immunization file to the person's new school or child care 
 facility within 30 days of the transfer.  Upon the request of a 
 public or private post-secondary educational institution, as 
 defined in section 135A.14, the administrator or other person 
 having general control or supervision of a school shall assist 
 in the transfer of a student's immunization file to the 
 post-secondary institution. 

    Subd. 8.  The administrator or other person having general 
 control and supervision of the elementary or secondary school 
 shall file a report with the commissioner of children, families, 
 and learning on all persons enrolled in the school, except that 
 the superintendent of each school district shall file a report 
 with the commissioner of children, families, and learning for 
 all persons within the district receiving instruction in a home 
 school in compliance with sections 120.101 and 120.102.  The 
 parent of persons receiving instruction in a home school shall 
 submit the statements as required by subdivisions 1, 2, 3, and 4 
 to the superintendent of the school district in which the person 
 resides by October 1 of each school year.  The school report 
 shall be prepared on forms developed jointly by the commissioner 
 of health and the commissioner of children, families, and 
 learning and be distributed to the local school districts by the 
 commissioner of health and shall state the number of persons 
 attending the school, the number of persons who have not been 
 immunized according to subdivision 1 or 2, and the number of 
 persons who received an exemption under subdivision 3, clause 
 (c) or (d).  The school report shall be filed with the 
 commissioner of children, families, and learning within 60 days 
 of the commencement of each new school term.  Upon request, a 
 district shall be given a 60-day extension for filing the school 
 report.  The commissioner of children, families, and learning 
 shall forward the report, or a copy thereof, to the commissioner 
 of health who shall provide summary reports to boards of health 
 as defined in section 145A.02, subdivision 2.  The administrator 
 or other person having general control and supervision of the 
 child care facility shall file a report with the commissioner of 
 human services on all persons enrolled in the child care 
 facility.  The child care facility report must be prepared on 
 forms developed jointly by the commissioner of health and the 
 commissioner of human services and be distributed to child care 
 facilities by the commissioner of health and must state the 
 number of persons enrolled in the facility, the number of 
 persons with no immunizations, the number of persons who 
 received an exemption under subdivision 3, clause (c) or (d), 
 and the number of persons with partial or full immunization 
 histories.  The child care facility report shall be filed with 
 the commissioner of human services by November 1 of each year.  
 The commissioner of human services shall forward the report, or 
 a copy thereof, to the commissioner of health who shall provide 
 summary reports to boards of health as defined in section 
 145A.02, subdivision 2.  The report required by this subdivision 
 is not required of a family child care or group family child 
 care facility, for prekindergarten children enrolled in any 
 elementary or secondary school provided services according to 
 section 120.17, subdivision 2, nor for child care facilities in 
 which at least 75 percent of children in the facility 
 participate on a one-time only or occasional basis to a maximum 
 of 45 hours per child, per month.  

    Subd. 9.  As used in this section the following terms have 
 the meanings given them. 

    (a) "Elementary or secondary school" includes any public 
 school as defined in section 120.05, or nonpublic school, 
 church, or religious organization, or home school in which a 
 child is provided instruction in compliance with sections 
 120.101 and 120.102. 

    (b) "Person enrolled in any elementary or secondary school" 
 means a person born after 1956 and enrolled in grades 
 kindergarten through 12, and a child with a disability receiving 
 special instruction and services as required in section 120.17, 
 excluding a child being provided services according to section 
 120.17, subdivision 2, clause (c) or (g). 

    (c) "Child care facility" includes those child care 
 programs subject to licensure under chapter 245A, and Minnesota 
 Rules, chapters 9502 and 9503. 

    (d) "Family child care" means child care for no more than 
 ten children at one time of which no more than six are under 
 school age.  The licensed capacity must include all children of 
 any caregiver when the children are present in the residence. 

    (e) "Group family child care" means child care for no more 
 than 14 children at any one time.  The total number of children 
 includes all children of any caregiver when the children are 
 present in the residence. 

    Subd. 10.  A statement required to be submitted under 
 subdivisions 1, 2, and 4 to document evidence of immunization 
 shall include month, day, and year for immunizations 
 administered after January 1, 1990.  

    (a) For persons enrolled in grades 7 and 12 during the 
 1996-1997 school term, the statement must indicate that the 
 person has received a dose of tetanus and diphtheria toxoid no 
 earlier than 11 years of age. 

    (b) Except as specified in paragraph (e), for persons 
 enrolled in grades 7, 8, and 12 during the 1997-1998 school 
 term, the statement must indicate that the person has received a 
 dose of tetanus and diphtheria toxoid no earlier than 11 years 
 of age.  

    (c) Except as specified in paragraph (e), for persons 
 enrolled in grades 7 through 12 during the 1998-1999 school term 
 and for each year thereafter, the statement must indicate that 
 the person has received a dose of tetanus and diphtheria toxoid 
 no earlier than 11 years of age.  

    (d) For persons enrolled in grades 7 through 12 during the 
 1996-1997 school year and for each year thereafter, the 
 statement must indicate that the person has received at least 
 two doses of vaccine against measles, mumps, and rubella, given 
 alone or separately and given not less than one month apart. 

    (e) A person who has received at least three doses of 
 tetanus and diphtheria toxoids, with the most recent dose given 
 after age six and before age 11, is not required to have 
 additional immunization against diphtheria and tetanus until ten 
 years have elapsed from the person's most recent dose of tetanus 
 and diphtheria toxoid. 

    Subd. 11.    Commissioner of human services; continued 
 responsibilities.  Nothing in this section relieves the 
 commissioner of human services of the responsibility, under 
 chapter 245A, to inspect and assure that statements required by 
 this section are on file at child care programs subject to 
 licensure. 

    HIST: 1967 c 858 s 1,2; 1973 c 137 s 1-3; 1977 c 305 s 45; 
 1978 c 758 s 1; 1980 c 504 s 1; 1986 c 444; 1987 c 309 s 24; 
 1988 c 430 s 1-8; 1989 c 215 s 1-7; 1991 c 30 s 1-10; 1991 c 265 
 art 3 s 38; 1Sp1995 c 3 art 9 s 26; art 16 s 13; 1996 c 398 s 25; 
 1Sp1997 c 3 s 20-22; 1Sp1997 c 4 art 6 s 8-10 

     123.701 Early childhood health and development 
  screening; purpose. 

    The legislature finds that early detection of children's 
 health and developmental problems can reduce their later need 
 for costly care, minimize their physical and educational 
 handicaps, and aid in their rehabilitation.  The purpose of 
 sections 123.701 to 123.7045 is to assist parents and 
 communities in improving the health of Minnesota children and in 
 planning educational and health programs. 

    HIST: 1977 c 437 s 1; 1994 c 465 art 2 s 1 

     123.702 School board responsibilities. 

    Subdivision 1.  Every school board shall provide for a 
 mandatory program of early childhood developmental screening for 
 children once before school entrance, targeting children who are 
 between 3-1/2 and four years old.  This screening program shall 
 be established either by one board, by two or more boards acting 
 in cooperation, by service cooperatives, by early childhood 
 family education programs, or by other existing programs.  This 
 screening examination is a mandatory requirement for a student 
 to continue attending kindergarten or first grade in a public 
 school.  A child need not submit to developmental screening 
 provided by a school board if the child's health records 
 indicate to the school board that the child has received 
 comparable developmental screening from a public or private 
 health care organization or individual health care provider.  
 The school districts are encouraged to reduce the costs of 
 preschool developmental screening programs by utilizing 
 volunteers in implementing the program.  

    Subd. 1a.  A child must not be enrolled in kindergarten in 
 a public school unless the parent or guardian of the child 
 submits to the school principal or other person having general 
 control and supervision of the school a record indicating the 
 months and year the child received developmental screening and 
 the results of the screening not later than 30 days after the 
 first day of attendance.  If a child is transferred from one 
 kindergarten to another, the parent or guardian of the child 
 must be allowed 30 days to submit the child's record, during 
 which time the child may attend school. 

    Subd. 1b.  (a) A screening program shall include at least 
 the following components:  developmental assessments, hearing 
 and vision screening or referral, immunization review and 
 referral, the child's height and weight, identification of risk 
 factors that may influence learning, an interview with the 
 parent about the child, and referral for assessment, diagnosis, 
 and treatment when potential needs are identified.  The school 
 district and the person performing or supervising the screening 
 shall provide a parent or guardian with clear written notice 
 that the parent or guardian may decline to answer questions or 
 provide information about family circumstances that might affect 
 development and identification of risk factors that may 
 influence learning.  The notice shall clearly state that 
 declining to answer questions or provide information does not 
 prevent the child from being enrolled in kindergarten or first 
 grade if all other screening components are met.  If a parent or 
 guardian is not able to read and comprehend the written notice, 
 the school district and the person performing or supervising the 
 screening must convey the information in another manner.  The 
 notice shall also inform the parent or guardian that a child 
 need not submit to the school district screening program if the 
 child's health records indicate to the school that the child has 
 received comparable developmental screening performed within the 
 preceding 365 days by a public or private health care 
 organization or individual health care provider.  The notice 
 shall be given to a parent or guardian at the time the district 
 initially provides information to the parent or guardian about 
 screening and shall be given again at the screening location.  

    (b) All screening components shall be consistent with the 
 standards of the state commissioner of health for early 
 developmental screening programs.  No developmental screening 
 program shall provide laboratory tests or a physical examination 
 to any child.  The school district shall request from the public 
 or private health care organization or the individual health 
 care provider the results of any laboratory test or physical 
 examination within the 12 months preceding a child's scheduled 
 screening.  

    (c) If a child is without health coverage, the school 
 district shall refer the child to an appropriate health care 
 provider.  

    (d) A school board may offer additional components such as 
 nutritional, physical and dental assessments, review of family 
 circumstances that might affect development, blood pressure, 
 laboratory tests, and health history.  

    (e) If a statement signed by the child's parent or guardian 
 is submitted to the administrator or other person having general 
 control and supervision of the school that the child has not 
 been screened because of conscientiously held beliefs of the 
 parent or guardian, the screening is not required. 

    Subd. 2.  If any child's screening indicates a condition 
 which requires diagnosis or treatment, the child's parents shall 
 be notified of the condition and the school board shall ensure 
 that an appropriate follow-up and referral process is available. 

    Subd. 3.  The school board shall inform each resident 
 family with a child eligible to participate in the developmental 
 screening program about the availability of the program and the 
 state's requirement that a child receive developmental screening 
 not later than 30 days after the first day of attending 
 kindergarten in a public school. 

    Subd. 4.  A school board may contract with or purchase 
 service from an approved early developmental screening program 
 in the area.  Developmental screening must be conducted by 
 either an individual who is licensed as, or has training that is 
 similar to a special education teacher, school psychologist, 
 kindergarten teacher, prekindergarten teacher, school nurse, 
 public health nurse, registered nurse, or physician.  The 
 individual may be a volunteer. 

    Subd. 4a.  The school district shall provide the parent or 
 guardian of the child screened with a record indicating the 
 month and year the child received developmental screening and 
 the results of the screening.  The district shall keep a 
 duplicate copy of the record of each child screened. 

    Subd. 5.  Every school board shall integrate and utilize 
 volunteer screening programs in implementing sections 123.702 to 
 123.7045 wherever possible. 

    Subd. 6.  A school board may consult with local societies 
 of health care providers. 

    Subd. 7.  In selecting personnel to implement the screening 
 program, the school district shall give priority first to 
 qualified volunteers.  

    HIST: 1977 c 305 s 45; 1977 c 437 s 2; 1979 c 334 art 6 s 
 12,13; 1981 c 358 art 6 s 14; 1982 c 548 art 6 s 5; 1983 c 314 
 art 6 s 7; 1Sp1985 c 12 art 6 s 2; 1986 c 444; 1989 c 329 art 4 
 s 20; 1991 c 265 art 4 s 6,32; 1992 c 499 art 4 s 1-4; 1993 c 
 224 art 4 s 12-17; 1993 c 374 s 12; 1996 c 305 art 1 s 138 

  123.703 Repealed, 1989 c 329 art 4 s 20 

     123.704 Data use. 

    Data on individuals collected in screening programs 
 established pursuant to section 123.702 is private, as defined 
 by section 13.02, subdivision 12.  Individual and summary data 
 shall be reported to the school district by the health provider 
 who performs the screening services, for the purposes of 
 developing appropriate educational programs to meet the 
 individual needs of children and designing appropriate health 
 education programs for the district; provided, no data on an 
 individual shall be disclosed to the district without the 
 consent of that individual's parent or guardian. 

    HIST: 1977 c 437 s 4; 1981 c 311 s 39; 1982 c 545 s 24; 1989 c 
 329 art 4 s 20; 1991 c 265 art 4 s 32 

     123.7045 Developmental screening aid. 

    Each school year, the state shall pay a school district $25 
 for each child screened according to the requirements of section 
 123.702.  If this amount of aid is insufficient, the district 
 may permanently transfer from the general fund an amount that, 
 when added to the aid, is sufficient. 

    HIST: 1991 c 265 art 4 s 7; 1993 c 224 art 4 s 18 

  123.705 Repealed, 1989 c 329 art 4 s 20 

  123.706 Repealed, 1991 c 265 art 4 s 33 

  123.707 Repealed, 1991 c 265 art 4 s 33 

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

     123.71 Publication of financial information. 

    Subdivision 1.  Every school board shall, no later than 
 October 1, publish revenue and expenditure budgets for the 
 current year and the actual revenues, expenditures, fund 
 balances for the prior year and projected fund balances for the 
 current year in a form prescribed by the commissioner.  The 
 forms prescribed shall be designed so that year to year 
 comparisons of revenue, expenditures and fund balances can be 
 made.  These budgets, reports of revenue, expenditures and fund 
 balances shall be published in a qualified newspaper of general 
 circulation in the district. 

    Subd. 2.  It shall also publish at the same time a summary 
 of bonds outstanding, paid, and sold; a summary of orders not 
 paid for want of funds; certificates of indebtedness for the 
 year ending June 30; the statutory operating debt of the 
 district as defined and certified pursuant to section 121.914; 
 and the balance amount of the reserved fund balance reserve 
 account for purposes of statutory operating debt reduction 
 established pursuant to sections 124.226, 124.2716, 124.91, 
 124.912, 124.914, 124.916, and 124.918.  

    Subd. 3.  A statement shall be included in the publication 
 that the complete budget in detail may be inspected by any 
 resident of the district upon request to the chief school 
 administrator. 

    Subd. 4.  It shall also publish at the same time the 
 average cost per pupil in average daily membership educated in 
 that district in the preceding year.  This computation shall be 
 made exclusive of debt service or capital outlay costs. 

    HIST: 1969 c 1011 s 1-3; 1971 c 690 s 1; 1977 c 447 art 7 s 
 17-19; 1984 c 543 s 7; 1Sp1986 c 1 art 9 s 1; 1987 c 398 art 7 s 
 42; 1991 c 130 s 37; 1992 c 499 art 12 s 29; 1993 c 224 art 13 s 
 28; art 14 s 7; 1993 c 374 s 24; 1995 c 212 art 4 s 64 

     123.72 Medical insurance premiums for retired. 

    The school board of any independent school district may 
 expend funds to pay premiums on hospitalization and major 
 medical insurance coverage for officers and employees who retire 
 prior to age 65.  

    HIST: 1973 c 739 s 1; 1975 c 365 s 1; 1988 c 605 s 3 

  123.73 Repealed, 1991 c 265 art 9 s 75 

  123.74 Renumbered 126.65 

  123.741 Renumbered 126.66 

  123.742 Renumbered 126.67 

  123.743 Renumbered 126.68 

  123.7431 Renumbered 124.274 

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

     123.75 Missing children; voluntary fingerprinting. 

    Subdivision 1.    Definition.  For purposes of this 
 section: 

    (a) "child" means a person under 18 years old; and 

    (b) "missing child" means a child who has run away or is 
 otherwise missing from the home or the care, custody, and 
 control of the child's parents, guardian, legal custodian, or 
 other person having responsibility for the child. 

    Subd. 2.    Authority.  Each school district may develop 
 a fingerprinting program for pupils and children who reside in 
 the district.  The principal or chief administrative officer of 
 a nonpublic school may develop a fingerprinting program for 
 pupils of the school.  If developed, the program must be 
 developed in conjunction with law enforcement agencies having 
 jurisdiction within the school district or the place where the 
 nonpublic school is located.  The law enforcement agencies must 
 cooperate fully with the school district or the nonpublic school 
 in the development of its fingerprinting program. 

    Subd. 3.    Limitations and procedures.  If developed, 
 the fingerprinting program may be developed only for the purpose 
 of assisting in the location and identification of missing 
 children, and must be operated according to the following 
 procedures: 

    (a) No child may be required to participate in the program. 

    (b) Before a child may participate in the program, the 
 child's parents, guardian, legal custodian, or other person 
 responsible for the child must authorize the child's 
 participation by signing a form developed by the school district 
 or the principal or chief administrative officer of the 
 nonpublic school. 

    (c) Fingerprinting of children must be done by law 
 enforcement personnel on fingerprint cards provided to the 
 school district or nonpublic school by the commissioner of 
 public safety or on fingerprint cards acquired elsewhere. 

    (d) The school must give the fingerprint card to the 
 child's parents, guardian, legal custodian, or other person 
 responsible for the child.  No copy of the fingerprint card may 
 be retained by the law enforcement agency, school, or school 
 district. 

    (e) The child's name, sex, hair and eye color, height, 
 weight, and date and place of birth must be written on the 
 fingerprint card. 

    School districts and nonpublic schools that develop 
 fingerprinting programs under this section shall offer them on a 
 periodic basis, and shall notify parents, guardians, legal 
 custodians, and residents of the district or communities served 
 by the school of the program and its purpose.  Notification may 
 be made by means of memoranda, letters, newspaper articles, or 
 other reasonable means. 

    Subd. 4.    Evidentiary use of fingerprints.  
 Fingerprints of a child obtained pursuant to this section are 
 inadmissible as evidence against the child in any criminal or 
 juvenile court proceeding. 

    Subd. 5.    Other fingerprinting programs unaffected.  
 This section does not apply to fingerprinting programs for 
 children that are provided by private organizations other than 
 nonpublic schools, or governmental entities other than school 
 districts. 

    HIST: 1Sp1985 c 12 art 7 s 16; 1986 c 444 

     123.751 Flag school records of missing children. 

    Subdivision 1.    Flag record upon certain notification. 
  A school district shall flag the record of a pupil who is 
 currently or was previously enrolled in the district if a law 
 enforcement agency notifies the district of the pupil's 
 disappearance.  The flag must be made so that, if a copy of or 
 information regarding the pupil's record is requested, the 
 district is aware that the record is that of a missing pupil. 

    Subd. 2.    District notification when records are 
 requested.  When the district provides a copy of the pupil's 
 record or other information concerning the pupil whose record is 
 flagged, the district shall notify the law enforcement agency 
 that notified the district of the pupil's disappearance of every 
 inquiry concerning the record.  The district shall also provide 
 a copy to the law enforcement agency of a written request for 
 information concerning the record. 

    Subd. 3.    Records upon school district transfer.  When 
 a pupil transfers from one district to another, the receiving 
 district shall attempt to obtain, within 30 days of the pupil's 
 enrollment, the pupil's record from the district from which the 
 pupil has transferred.  If the pupil's parent, custodian, or 
 guardian provides a copy of the pupil's record from the district 
 from which the pupil has transferred, the receiving district 
 shall request, within 30 days of the pupil's enrollment, written 
 verification of the pupil's record by contacting the district 
 named on the transferring pupil's record.  Information received 
 by a school district indicating that the transferring pupil is a 
 missing child must be reported by the district to the department 
 of public safety. 

    Subd. 4.    Data disclosure.  Data in this section may 
 be disclosed according to section 13.32, subdivision 3, clause 
 (d). 

    HIST: 1991 c 187 s 1 

     123.76 Policy.  

    In districts where the state provides aids for 
 transportation it is in the public interest to provide equality 
 of treatment in transporting school children of the state who 
 are required to attend elementary and secondary schools pursuant 
 to chapter 120, so that the health, welfare and safety of such 
 children, while using the public highways of the state, shall be 
 protected.  

    School children attending any schools, complying with 
 section 120.101, are therefore entitled to the same rights and 
 privileges relating to transportation.  

    HIST: 1969 c 570 s 1; 1989 c 209 art 2 s 1 

     123.77 Definitions. 

    Subdivision 1.  The following words and terms in sections 
 123.76 to 123.805 shall have the following meanings ascribed to 
 them. 

    Subd. 2.  "District" means any school district as defined 
 in section 120.02. 

    Subd. 3.  "School" means any school as defined in section 
 120.101, subdivision 4. 

    Subd. 4.  "School board" means the governing body of any 
 school district. 

    Subd. 5.  "School children" means any student or child 
 attending or required to attend any school as provided in the 
 education code, chapters 120 to 129. 

    HIST: 1969 c 570 s 2; 1975 c 162 s 41; 1989 c 209 art 2 s 1; 
 1995 c 186 s 119 

     123.78 Equal treatment. 

    Subdivision 1.    General provisions.  A district shall 
 provide equal transportation within the district for all school 
 children to any school when transportation is deemed necessary 
 by the school board because of distance or traffic condition in 
 like manner and form as provided in sections 123.39 and 124.223, 
 when applicable. 

    Subd. 1a.  (a) The school board of any local district shall 
 provide school bus transportation to the district boundary for 
 school children residing in the district at least the same 
 distance from a nonpublic school actually attended in another 
 district as public school pupils are transported in the 
 transporting district, whether or not there is another nonpublic 
 school within the transporting district, if the transportation 
 is to schools maintaining grades or departments not maintained 
 in the district or if the attendance of such children at school 
 can more safely, economically, or conveniently be provided for 
 by such means.  

    (b) The school board of any local district may provide 
 school bus transportation to a nonpublic school in another 
 district for school children residing in the district and 
 attending that school, whether or not there is another nonpublic 
 school within the transporting district, if the transportation 
 is to schools maintaining grades or departments not maintained 
 in the district or if the attendance of such children at school 
 can more safely, economically, or conveniently be provided for 
 by such means.  If the board transports children to a nonpublic 
 school located in another district, the nonpublic school shall 
 pay the cost of such transportation provided outside the 
 district boundaries. 

    Subd. 2.  When transportation is provided, the scheduling 
 of routes, manner and method of transportation, control and 
 discipline of school children and any other matter relating 
 thereto shall be within the sole discretion, control and 
 management of the school board. 

    Subd. 3.    Rules.  The state board of education may 
 amend rules relating to equal transportation. 

    HIST: 1969 c 570 s 3; 1974 c 566 s 1; 1975 c 51 s 1; 1975 c 
 162 s 27; 1976 c 2 s 58; 1982 c 424 s 31; 1982 c 548 art 2 s 1; 
 1984 c 655 art 1 s 24; 1994 c 647 art 12 s 2; 1Sp1995 c 3 art 2 
 s 4 

     123.79 Funds and aids. 

    Subdivision 1.  Such state aids as are made available or 
 appropriated shall be for the equal benefit of all school 
 children, and be disbursed in such manner as determined by the 
 board. 

    Subd. 2.  The board of any district may expend any moneys 
 in its treasury, whether received from state or any other source 
 for the purpose of providing equal transportation treatment of 
 all school children attending school. 

    HIST: 1969 c 570 s 4; 1978 c 706 s 28; 1979 c 334 art 2 s 4; 
 1Sp1995 c 3 art 2 s 5 

     123.799 Student transportation safety. 

    Subdivision 1.    Reserved revenue use.  A district 
 shall use the student transportation safety reserved revenue 
 under section 124.225, subdivision 7f, for providing student 
 transportation safety programs to enhance student conduct and 
 safety on the bus or when boarding and exiting the bus.  A 
 district's student transportation policy must specify the 
 student transportation safety activities to be carried out under 
 this section.  A district's student transportation safety 
 reserved revenue may only be used for the following purposes: 

    (1) to provide paid adult bus monitors, including training 
 and salary costs; 

    (2) to provide a volunteer bus monitor program, including 
 training costs and the cost of a program coordinator; 

    (3) to purchase or lease optional external public address 
 systems or video recording cameras for use on buses; 

    (4) to purchase new or retrofit existing school buses with 
 seatbelts or other occupant restraint systems after consultation 
 with and approval by the commissioner of public safety; and 

    (5) other activities or equipment that have been approved 
 by the commissioner of public safety. 

    Subd. 2.    Reporting.  Districts shall annually report 
 expenditures from the student transportation safety reserved 
 revenue to the commissioner of children, families, and learning, 
 who shall provide the information to the school bus safety 
 advisory committee. 

    HIST: 1994 c 647 art 12 s 3; 1Sp1995 c 3 art 16 s 13; 1Sp1997 
 c 4 art 12 s 2 

     123.7991 School bus safety training. 

    Subdivision 1.    School bus safety week.  The third 
 week of school is designated as school bus safety week. 

    A school board may designate one day of school bus safety 
 week as school bus driver day. 

    Subd. 2.    Student training.  (a) Each school district 
 shall provide public school pupils enrolled in grades 
 kindergarten through 10 with age-appropriate school bus safety 
 training.  The training shall be results-oriented and shall 
 consist of both classroom instruction and practical training 
 using a school bus.  Upon completing the training, a student 
 shall be able to demonstrate knowledge and understanding of at 
 least the following competencies and concepts: 

    (1) transportation by school bus is a privilege and not a 
 right; 

    (2) district policies for student conduct and school bus 
 safety; 

    (3) appropriate conduct while on the school bus; 

    (4) the danger zones surrounding a school bus; 

    (5) procedures for safely boarding and leaving a school 
 bus; 

    (6) procedures for safe street or road crossing; and 

    (7) school bus evacuation and other emergency procedures. 

    (b) Each nonpublic school located within the district shall 
 provide all nonpublic school pupils enrolled in grades 
 kindergarten through 10 who are transported by school bus at 
 public expense and attend school within the district's 
 boundaries with training as required in paragraph (a).  The 
 school district shall make a bus available for the practical 
 training if the district transports the nonpublic students.  
 Each nonpublic school shall provide the instruction. 

    (c) All students enrolled in grades kindergarten through 3 
 who are transported by school bus and are enrolled during the 
 first or second week of school must demonstrate achievement of 
 the school bus safety training competencies by the end of the 
 third week of school.  All students enrolled in grades 4 through 
 10 who are transported by school bus and are enrolled during the 
 first or second week of school must demonstrate achievement of 
 the competencies by the end of the sixth week of school.  
 Students enrolled in grades kindergarten through 10 who enroll 
 in a school after the second week of school and are transported 
 by school bus shall undergo school bus safety training and 
 demonstrate achievement of the school bus safety competencies 
 within four weeks of the first day of attendance.  The pupil 
 transportation safety director in each district must certify to 
 the commissioner of children, families, and learning annually 
 that all students transported by school bus within the district 
 have satisfactorily demonstrated knowledge and understanding of 
 the school bus safety competencies according to this section or 
 provide an explanation for a student's failure to demonstrate 
 the competencies.  The principal or other chief administrator of 
 each nonpublic school must certify annually to the public 
 transportation safety director of the district in which the 
 school is located that all of the school's students transported 
 by school bus at public expense have received training.  A 
 school district may deny transportation to a student who fails 
 to demonstrate the competencies, unless the student is unable to 
 achieve the competencies due to a disability, or to a student 
 who attends a nonpublic school that fails to provide training as 
 required by this subdivision. 

    (d) A school district and a nonpublic school with students 
 transported by school bus at public expense must, to the extent 
 possible, provide kindergarten pupils with bus safety training 
 before the first day of school. 

    (e) A school district and a nonpublic school with students 
 transported by school bus at public expense must also provide 
 student safety education for bicycling and pedestrian safety, 
 for students enrolled in grades kindergarten through 5. 

    (f) A school district and a nonpublic school with students 
 transported by school bus at public expense must make reasonable 
 accommodations for the school bus, bicycle, and pedestrian 
 safety training of pupils known to speak English as a second 
 language and pupils with disabilities. 

    Subd. 3.    Model training program.  The commissioner of 
 children, families, and learning shall develop a comprehensive 
 model school bus safety training program for pupils who ride the 
 bus that includes bus safety curriculum for both classroom and 
 practical instruction, methods for assessing attainment of 
 school bus safety competencies, and age-appropriate 
 instructional materials.  The program must be adaptable for use 
 by students with disabilities. 

    HIST: 1994 c 647 art 12 s 4; 1Sp1995 c 3 art 2 s 6,7; art 16 s 
 13; 1996 c 412 art 2 s 7; 1Sp1997 c 4 art 12 s 3,4 

     123.7992 Notice of recording device. 

    If a video or audio recording device is placed on a school 
 bus, the bus also must contain a sign or signs, conspicuously 
 placed, notifying riders that their conversations or actions may 
 be recorded on tape.  

    HIST: 1994 c 647 art 12 s 5 

  123.80 Repealed, 1994 c 647 art 12 s 43 

     123.801 Bus transportation a privilege not a right. 

    Transportation by school bus is a privilege not a right for 
 an eligible student.  A student's eligibility to ride a school 
 bus may be revoked for a violation of school bus safety or 
 conduct policies, or for violation of any other law governing 
 student conduct on a school bus, pursuant to a written school 
 district discipline policy.  Revocation of a student's bus 
 riding privilege is not an exclusion, expulsion, or suspension 
 under the pupil fair dismissal act of 1974.  Revocation 
 procedures for a student who is an individual with a disability 
 under the Individuals with Disabilities Education Act, United 
 States Code, title 20, section 1400 et seq., section 504 of the 
 Rehabilitation Act of 1973, United States Code, title 29, 
 section 794, and the Americans with Disabilities Act, Public Law 
 Number 101-336, are governed by these provisions. 

    HIST: 1994 c 647 art 12 s 6 

     123.805 School district bus safety responsibilities. 

    Subdivision 1.    Comprehensive policy.  Each school 
 district shall develop and implement a comprehensive, written 
 policy governing pupil transportation safety, including 
 transportation of nonpublic school students, when applicable.  
 The policy shall, at minimum, contain: 

    (1) provisions for appropriate student bus safety training 
 under section 123.7991; 

    (2) rules governing student conduct on school buses and in 
 school bus loading and unloading areas; 

    (3) a statement of parent or guardian responsibilities 
 relating to school bus safety; 

    (4) provisions for notifying students and parents or 
 guardians of their responsibilities and the rules; 

    (5) an intradistrict system for reporting school bus 
 accidents or misconduct, a system for dealing with local law 
 enforcement officials in cases of criminal conduct on a school 
 bus, and a system for reporting accidents, crimes, incidents of 
 misconduct, and bus driver dismissals to the department of 
 public safety under section 169.452; 

    (6) a discipline policy to address violations of school bus 
 safety rules, including procedures for revoking a student's bus 
 riding privileges in cases of serious or repeated misconduct; 

    (7) a system for integrating school bus misconduct records 
 with other discipline records; 

    (8) a statement of bus driver duties; 

    (9) planned expenditures for safety activities under 
 section 123.799 and, where applicable, provisions governing bus 
 monitor qualifications, training, and duties; 

    (10) rules governing the use and maintenance of type III 
 vehicles, drivers of type III vehicles, qualifications to drive 
 a type III vehicle, qualifications for a type III vehicle and 
 the circumstances under which a student may be transported in a 
 type III vehicle; 

    (11) operating rules and procedures; 

    (12) provisions for annual bus driver in-service training 
 and evaluation; 

    (13) emergency procedures; 

    (14) a system for maintaining and inspecting equipment; 

    (15) requirements of the school district, if any, that 
 exceed state law minimum requirements for school bus operations; 
 and 

    (16) requirements for basic first aid training, which shall 
 include the Heimlich maneuver and procedures for dealing with 
 obstructed airways, shock, bleeding, and seizures. 

    School districts are encouraged to use the model policy 
 developed by the Minnesota school boards association, the 
 department of public safety, and the department of children, 
 families, and learning, as well as the current edition of the 
 "National Standards for School Buses and Operations" published 
 by the National Safety Council, in developing safety policies.  
 Each district shall submit a copy of its policy under this 
 subdivision to the school bus safety advisory committee no later 
 than August 1, 1994.  Each district shall review its policy 
 annually and make appropriate amendments, which must be 
 submitted to the school bus safety advisory committee within one 
 month of approval by the school board. 

    Subd. 2.    School transportation safety director.  Each 
 school board shall designate a school transportation safety 
 director to oversee and implement pupil transportation safety 
 policies.  The director shall have day-to-day responsibility for 
 pupil transportation safety within the district, including 
 transportation of nonpublic school children when provided by the 
 district. 

    HIST: 1994 c 647 art 12 s 14; 1Sp1995 c 3 art 2 s 8,9; art 16 
 s 13 

  123.81 Repealed, 1969 c 9 s 96 

  123.82 Repealed, 1969 c 9 s 96 

  123.83 Repealed, 1969 c 9 s 96 

  123.84 Repealed, 1969 c 9 s 96 

  123.85 Repealed, 1969 c 9 s 96 

  123.86 Repealed, 1969 c 9 s 96 

  123.87 Repealed, 1969 c 9 s 96 

  123.88 Repealed, 1969 c 9 s 96 

  123.89 Repealed, 1969 c 9 s 96 

  123.90 Repealed, 1969 c 9 s 96 

  123.91 Repealed, 1969 c 9 s 96 

  123.92 Repealed, 1969 c 9 s 96 

  123.93 Repealed, 1969 c 9 s 96 

     123.931 Declaration of policy. 

    It is the intent of the legislature to provide for 
 distribution of educational aids such as textbooks, standardized 
 tests and pupil support services so that every school pupil in 
 the state will share equitably in education benefits and 
 therefore further assure all Minnesota pupils and their parents 
 freedom of choice in education. 

    HIST: 1975 c 396 s 1; 1978 c 733 s 2 

     123.932 Definitions. 

    Subdivision 1.  Repealed, 1978 c 733 s 26 

    Subd. 1a.  As used in sections 123.931 to 123.947, the 
 terms defined in this section shall have the meanings ascribed 
 to them. 

    Subd. 1b.  "Textbook" means any book or book substitute 
 which a pupil uses as a text or text substitute in a particular 
 class or program in the school regularly attended and a copy of 
 which is expected to be available for the individual use of each 
 pupil in this class or program, which book or book substitute or 
 text or text substitute shall be limited to books, workbooks, or 
 manuals, whether bound or in loose-leaf form, intended for use 
 as a principal source of study material for a given class or a 
 group of students.  The term includes only such secular, neutral 
 and nonideological textbooks as are available, used by, or of 
 benefit to Minnesota public school pupils. 

    Subd. 1c.  "Standardized tests" means standardized tests 
 and scoring services which are provided by commercial publishing 
 organizations or the state and which are in use in the public 
 schools of Minnesota to measure the progress of pupils in 
 secular subjects. 

    Subd. 1d.  "Pupil support services" means guidance and 
 counseling services and health services. 

    Subd. 1e.  "Individualized instructional or cooperative 
 learning materials" means educational materials which:  

    (a) are designed primarily for individual pupil use or use 
 by pupils in a cooperative learning group in a particular class 
 or program in the school the pupil regularly attends; 

    (b) are secular, neutral, nonideological and not capable of 
 diversion for religious use; and 

    (c) are available, used by, or of benefit to Minnesota 
 public school pupils.  

    Subject to the requirements in clauses (a), (b), and (c), 
 "individualized instructional or cooperative learning materials" 
 include, but are not limited to, the following if they do not 
 fall within the definition of "textbook" in subdivision 1b:  
 published materials; periodicals; documents; pamphlets; 
 photographs; reproductions; pictorial or graphic works; 
 prerecorded video programs; prerecorded tapes, cassettes and 
 other sound recordings; manipulative materials; desk charts; 
 games; study prints and pictures; desk maps; models; learning 
 kits; blocks or cubes; flash cards; individualized multimedia 
 systems; prepared instructional computer software programs; 
 choral and band sheet music; and CD-Rom.  

    "Individualized instructional or cooperative learning 
 materials" do not include instructional equipment, instructional 
 hardware, or ordinary daily consumable classroom supplies.  

    Subd. 2.  Repealed, 1978 c 733 s 26 

    Subd. 2a.  "Pupils" means elementary and secondary pupils. 

    Subd. 2b.  "Elementary pupils" means pupils in grades 
 kindergarten through 6; provided, each kindergarten pupil shall 
 be counted as one-half pupil for all computations pursuant to 
 sections 123.931 to 123.937. 

    Subd. 2c.  "Secondary pupils" means pupils in grades 7 
 through 12. 

    Subd. 3.    Nonpublic school defined.  "Nonpublic school"
 means any school, church or religious organization, or home 
 school wherein a resident of Minnesota may legally fulfill the 
 compulsory instruction requirements of section 120.101, which is 
 located within the state, and which meets the requirements of 
 Title VI of the Civil Rights Act of 1964 (Public Law Number 
 88-352).  It does not mean a public school. 

    Subd. 3a.  "Nonsectarian nonpublic school" means any 
 nonpublic school as defined in subdivision 3, which is not 
 church related, is not controlled by a church, and does not 
 promote a religious belief.  

    Subd. 4. Repealed, 1991 c 130 s 38 

    Subd. 5.  "Pupil" or "student" means a child enrolled in a 
 school and is limited to children who are residents, or children 
 of residents, of Minnesota. 

    Subd. 6.  Repealed, 1978 c 733 s 26 

    Subd. 7.  "Intermediary service area" means a school 
 administrative unit approved by the commissioner, other than a 
 single school district, including but not limited to the 
 following: 

    (a) a service cooperative; 

    (b) a cooperative of two or more school districts; 

    (c) learning centers; or 

    (d) an association of schools or school districts. 

    Subd. 8.  Repealed, 1978 c 733 s 26 

    Subd. 9.  "Neutral site" means a public center, a 
 nonsectarian nonpublic school, a mobile unit located off the 
 nonpublic school premises, or any other location off the 
 nonpublic school premises which is neither physically nor 
 educationally identified with the functions of the nonpublic 
 school. 

    Subd. 10.  "Guidance and counseling services" means all 
 activities of a licensed counselor in counseling pupils and 
 parents, providing counseling on learning problems, evaluating 
 the abilities of pupils, assisting pupils in personal and social 
 development and providing referral assistance. 

    Subd. 11.    Health services.  "Health services" means 
 physician, dental, nursing or optometric services and health 
 supplies brought to the site by the health professional for 
 pupil usage in the field of physical or mental health; provided 
 the term does not include direct educational instruction, 
 services which are required pursuant to sections 120.17 and 
 120.1701, or services which are eligible to receive special 
 education aid pursuant to section 124.32. 

    HIST: 1975 c 396 s 2; 1978 c 733 s 3-13; 1979 c 34 s 1; 1980 c 
 609 art 4 s 2; art 6 s 20,21; 1982 c 424 s 32; 1986 c 444; 1989 
 c 209 art 2 s 1; 1991 c 130 s 7; 1993 c 224 art 13 s 29; 1994 c 
 647 art 13 s 4; 1995 c 186 s 119; 1996 c 305 art 1 s 138; 1996 c 
 412 art 8 s 1-4 

     123.933 Textbooks, individual instruction or cooperative 
  learning material, standard tests. 

    Subdivision 1.    Provision.  The state board of 
 education shall promulgate rules under the provisions of chapter 
 14 requiring that in each school year, based upon formal 
 requests by or on behalf of nonpublic school pupils in a 
 nonpublic school, the local districts or intermediary service 
 areas shall purchase or otherwise acquire textbooks, 
 individualized instructional or cooperative learning materials, 
 and standardized tests and loan or provide them for use by 
 children enrolled in that nonpublic school.  These textbooks, 
 individualized instructional or cooperative learning materials, 
 and standardized tests shall be loaned or provided free to the 
 children for the school year for which requested.  The loan or 
 provision of the textbooks, individualized instructional or 
 cooperative learning materials, and standardized tests shall be 
 subject to rules prescribed by the state board of education. 

    Subd. 2.    Title.  The title to textbooks, 
 individualized instructional or cooperative learning materials, 
 and standardized testing materials shall remain in the servicing 
 school district or intermediary service area, and possession or 
 custody may be granted or charged to administrators of the 
 nonpublic school attended by the nonpublic school pupil or 
 pupils to whom the textbooks, individualized instructional or 
 cooperative learning materials, or standardized tests are loaned 
 or provided. 

    Subd. 3.    Cost; limitation.  (a) The cost per pupil of 
 the textbooks, individualized instructional or cooperative 
 learning materials, and standardized tests provided for in this 
 section for each school year shall not exceed the statewide 
 average expenditure per pupil, adjusted pursuant to clause (b), 
 by the Minnesota public elementary and secondary schools for 
 textbooks, individualized instructional materials and 
 standardized tests as computed and established by the department 
 of children, families, and learning by March 1 of the preceding 
 school year from the most recent public school year data then 
 available. 

    (b) The cost computed in clause (a) shall be increased by 
 an inflation adjustment equal to the percent of increase in the 
 formula allowance, pursuant to section 124A.22, subdivision 2, 
 from the second preceding school year to the current school year.

    (c) The commissioner shall allot to the school districts or 
 intermediary service areas the total cost for each school year 
 of providing or loaning the textbooks, individualized 
 instructional or cooperative learning materials, and 
 standardized tests for the pupils in each nonpublic school.  The 
 allotment shall not exceed the product of the statewide average 
 expenditure per pupil, according to clause (a), adjusted 
 pursuant to clause (b), multiplied by the number of nonpublic 
 school pupils who make requests pursuant to this section and who 
 are enrolled as of September 15 of the current school year. 

    HIST: 1975 c 396 s 3; 1978 c 733 s 14; 1980 c 609 art 4 s 3; 
 1982 c 424 s 130; 1982 c 642 s 10; 1983 c 314 art 1 s 22; art 6 
 s 9; 1988 c 486 s 18; 1Sp1995 c 3 art 16 s 13; 1996 c 412 art 8 
 s 5 

  123.934 Repealed, 1978 c 733 s 26 

     123.935 Provision of pupil support services. 

    Subdivision 1.    Provided services.  The state board of 
 education shall promulgate rules under the provisions of chapter 
 14 requiring each school district or other intermediary service 
 area:  (a) to provide each year upon formal request by a 
 specific date by or on behalf of a nonpublic school pupil 
 enrolled in a nonpublic school located in that district or area, 
 the same specific health services as are provided for public 
 school pupils by the district where the nonpublic school is 
 located; and (b) to provide each year upon formal request by a 
 specific date by or on behalf of a nonpublic school secondary 
 pupil enrolled in a nonpublic school located in that district or 
 area, the same specific guidance and counseling services as are 
 provided for public school secondary pupils by the district 
 where the nonpublic school is located.  The district where the 
 nonpublic school is located shall provide the necessary 
 transportation within the district boundaries between the 
 nonpublic school and a public school or neutral site for 
 nonpublic school pupils who are provided pupil support services 
 pursuant to this section.  Each request for pupil support 
 services shall set forth the guidance and counseling or health 
 services requested by or on behalf of all eligible nonpublic 
 school pupils enrolled in a given nonpublic school.  No district 
 or intermediary service area shall expend an amount for these 
 pupil support services which exceeds the amount allotted to it 
 under this section. 

    Subd. 2.    Location of services.  Health services may 
 be provided to nonpublic school pupils pursuant to this section 
 at a public school, a neutral site, the nonpublic school or any 
 other suitable location.  Guidance and counseling services may 
 be provided to nonpublic school pupils pursuant to this section 
 only at a public school or a neutral site.  District or 
 intermediary service area personnel and representatives of the 
 nonpublic school pupils receiving pupil support services shall 
 hold an annual consultation regarding the type of services, 
 provider of services, and the location of the provision of these 
 services.  The district board or intermediary service area 
 governing board shall make the final decision on the location of 
 the provision of these services. 

    Subd. 3.    Guidance and counseling; exclusions.  
 Guidance and counseling services provided to nonpublic school 
 pupils pursuant to this section shall not include the planning 
 or selection of particular courses or classroom activities of 
 the nonpublic school. 

    Subd. 4.    Health services; allotment.  Each school 
 year the commissioner shall allot to the school districts or 
 other intermediary service areas for the provision of health 
 services pursuant to this section the actual cost of the 
 services provided for the pupils in each respective nonpublic 
 school for that school year, but not to exceed the average 
 expenditure per public school pupil for these services by those 
 Minnesota public elementary and secondary schools which provide 
 health services to public school pupils, multiplied by the 
 number of pupils in that particular nonpublic school who request 
 these health services and who are enrolled as of September 15 of 
 the current school year. 

    Subd. 5.    Guidance and counseling services; allotment. 
  Each school year the commissioner shall allot to the school 
 districts or intermediary service areas for the provision of 
 guidance and counseling services pursuant to this section the 
 actual cost of the services provided for the pupils in each 
 respective nonpublic school for that school year.  The allotment 
 for guidance and counseling services for the secondary pupils in 
 each nonpublic school shall not exceed the average expenditure 
 per public school secondary pupil for these services by those 
 Minnesota public schools which provide these services to their 
 secondary pupils, multiplied by the number of secondary pupils 
 in that particular nonpublic school who request these services 
 and who are enrolled as of September 15 of the current school 
 year. 

    Subd. 6.    Computation of maximum allotments.  For 
 purposes of computing maximum allotments for each school year 
 pursuant to this section, the average public school expenditure 
 per pupil for health services and the average public school 
 expenditure per secondary pupil for guidance and counseling 
 services shall be computed and established by the department of 
 children, families, and learning by March 1 of the preceding 
 school year from the most recent public school year data then 
 available. 

    Subd. 7.    Nonpublic education council.  (a) The 
 commissioner shall appoint a 15-member council on nonpublic 
 education.  The 15 members shall represent various areas of the 
 state, represent various methods of providing nonpublic 
 education, and shall be knowledgeable about nonpublic 
 education.  The compensation, removal of members, filling of 
 vacancies, and terms are governed by section 15.0575.  The 
 council shall not expire.  The council shall advise the 
 commissioner and the state board on issues affecting nonpublic 
 education and nonpublic schools.  The council may recognize 
 educational accrediting agencies, for the sole purpose of 
 sections 120.101, 120.102, and 120.103.  

    (b) A parent or guardian of a nonpublic school pupil or a 
 nonpublic school may file a complaint about services provided 
 under sections 123.931 to 123.937 with the nonpublic education 
 council.  The council may review the complaint and make a 
 recommendation for resolution to the commissioner. 

    HIST: 1975 c 396 s 5; 1978 c 733 s 15; 1982 c 424 s 130; 
 1Sp1985 c 12 art 7 s 17; 1987 c 178 s 6; 1988 c 629 s 27; 1993 c 
 224 art 9 s 27; 1Sp1995 c 3 art 16 s 13; 1996 c 412 art 8 s 6,7 

     123.936 Payments for contractual obligations. 

    In every event the commissioner shall make such payments to 
 school districts or intermediary service areas pursuant to 
 sections 123.931 to 123.937 as are needed to meet contractual 
 obligations incurred for the provision of benefits to nonpublic 
 school students pursuant to section 123.933 or 123.935. 

    HIST: 1975 c 396 s 6; 1978 c 733 s 16 

     123.9361 Administrative costs. 

    Each year, a school district or intermediary service area 
 may claim and receive from the department of children, families, 
 and learning an additional sum for the administration of 
 sections 123.933 and 123.935, equal to five percent of the 
 district's or area's allocation for that year pursuant to those 
 sections.  

    HIST: 1978 c 733 s 17; 1990 c 562 art 7 s 5; 1Sp1995 c 3 art 
 16 s 13 

     123.9362 Notice to districts; proration. 

    In the event the appropriation for nonpublic educational 
 aid under sections 123.931 to 123.947 is not sufficient to meet 
 the required payments in any fiscal year, the department of 
 children, families, and learning must notify the school 
 districts at the earliest possible date of the need to prorate 
 the appropriation among the districts.  

    HIST: 1987 c 398 art 6 s 1; 1Sp1995 c 3 art 16 s 13 

     123.937 Limit on district obligations. 

    If the amount appropriated for purposes of sections 123.931 
 to 123.937 for any year is not sufficient to make the payments 
 required pursuant to sections 123.931 to 123.937 for that year, 
 then no school district or intermediary service area is required 
 to expend an amount pursuant to sections 123.931 to 123.937 for 
 that year which exceeds the amount of the payments it receives 
 pursuant to sections 123.931 to 123.937 for that year. 

    HIST: 1975 c 396 s 8; 1978 c 733 s 18; 1979 c 334 art 6 s 18; 
 1980 c 609 art 4 s 4; 1981 c 358 art 6 s 17 

  123.938 Expired 

  123.939 Repealed, 1981 c 359 s 18 

     123.947 Use of individualized instructional materials. 

    (a) The commissioner shall assure that textbooks and 
 individualized instructional materials loaned to nonpublic 
 school pupils are secular, neutral, nonideological and that they 
 are incapable of diversion for religious use.  

    (b) Textbooks and individualized instructional materials 
 shall not be used in religious courses, devotional exercises, 
 religious training or any other religious activity.  

    (c) Textbooks and individualized instructional materials 
 shall be loaned only to individual pupils upon the request of a 
 parent or guardian or the pupil on a form designated for this 
 use by the commissioner.  The request forms shall provide for 
 verification by the parent or guardian or pupil that the 
 requested textbooks and individualized instructional materials 
 are for the use of the individual pupil in connection with a 
 program of instruction in the pupil's elementary or secondary 
 school.  

    (d) The servicing school district or the intermediary 
 service area shall take adequate measures to ensure an accurate 
 and periodic inventory of all textbooks and individualized 
 instructional materials loaned to elementary and secondary 
 school pupils attending nonpublic schools.  The state board of 
 education shall promulgate rules under the provisions of chapter 
 14 to terminate the eligibility of any nonpublic school pupil if 
 the commissioner determines, after notice and opportunity for 
 hearing, that the textbooks or individualized instructional 
 materials have been used in a manner contrary to the provisions 
 of section 123.932, subdivision 1e, 123.933, or this section or 
 any rules promulgated by the state board of education. 

    (e) Nothing contained in section 123.932, subdivision 1e, 
 123.933, or this section shall be construed to authorize the 
 making of any payments to a nonpublic school or its faculty, 
 staff or administrators for religious worship or instruction or 
 for any other purpose.  

    HIST: 1980 c 609 art 4 s 5; 1982 c 424 s 130; 1990 c 562 art 7 
 s 6; 1993 c 224 art 13 s 30 

     123.951 School site decision-making agreement. 

    Subdivision 1.    Definition.  "Education site" means a 
 separate facility.  A program within a facility is an education 
 site if the school board recognizes it as a site.  

    Subd. 2.    Agreement.  (a) Either the school board or 
 the school site decision-making team may request that the school 
 board enter into an agreement with a school site decision-making 
 team concerning the governance, management, or control of the 
 school.  A school site decision-making team may include the 
 school principal, teachers in the school or their designee, 
 other employees in the school, parents of pupils in the school, 
 representatives of pupils in the school, or other members in the 
 community.  The school site decision-making team shall include 
 the school principal or other person having general control and 
 supervision of the school.  The site decision-making team must 
 reflect the diversity of the education site.  No more than 
 one-half of the members shall be employees of the district. 

    (b) School site decision-making agreements must delegate 
 powers, duties, and broad management responsibilities to site 
 teams and involve staff members, students as appropriate, and 
 parents in decision making. 

    (c) An agreement shall include a statement of powers, 
 duties, responsibilities, and authority to be delegated to and 
 within the site. 

    (d) An agreement may include: 

    (1) an achievement contract according to subdivision 4; 

    (2) a mechanism to allow principals, or other persons 
 having general control and supervision of the school, to make 
 decisions regarding how financial and personnel resources are 
 best allocated at the site and from whom goods or services are 
 purchased; 

    (3) a mechanism to implement parental involvement programs 
 under section 126.69 and to provide for effective parental 
 communication and feedback on this involvement at the site 
 level; 

    (4) a provision that would allow the team to determine who 
 is hired into licensed and nonlicensed positions; 

    (5) a provision that would allow teachers to choose the 
 principal or other person having general control; 

    (6) an amount of revenue allocated to the site under 
 subdivision 3; and 

    (7) any other powers and duties determined appropriate by 
 the board. 

    The school board of the district remains the legal employer 
 under clauses (4) and (5). 

    (e) Any powers or duties not delegated to the school site 
 management team in the school site management agreement shall 
 remain with the school board. 

    (f) Approved agreements shall be filed with the 
 commissioner.  If a school board denies a request to enter into 
 a school site management agreement, it shall provide a copy of 
 the request and the reasons for its denial to the commissioner.  

    Subd. 3.    Revenue and cost allocation.  Revenue for a 
 fiscal year received or receivable by the district shall be 
 allocated to education sites based on the agreement between the 
 school board and the site decision-making team.  Revenue shall 
 remain allocated to each site until used by the site.  The site 
 teams and the board may enter an agreement that permits the 
 district to provide services and retain the revenue required to 
 pay for the services provided.  The district remains responsible 
 for legally entering into contracts and expending funds.  For 
 the purposes of this subdivision, "allocation" means that the 
 determination of the use of the revenue shall be under the 
 control of the site.  The district may charge the accounts of 
 each site the actual costs of goods and services from the 
 general or capital funds attributable to the site. 

    Subd. 4.    Achievement contract.  A school board may 
 enter a written education site achievement contract with each 
 site decision-making team for the purpose of setting learning 
 performance expectations for that site, including the goals for 
 improvement in each area of student performance during the next 
 year, a plan to assist the education site if their goals are not 
 achieved, and other performance expectations and measures 
 determined by the board and the site decision-making team. 

    Subd. 5.    Commissioner's role.  The commissioner of 
 children, families, and learning, in consultation with 
 appropriate educational organizations, shall: 

    (1) upon request, provide technical support for districts 
 and sites with agreements under this section; 

    (2) conduct and compile research on the effectiveness of 
 site decision making; and 

    (3) periodically report on and evaluate the effectiveness 
 of site management agreements on a statewide basis. 

    HIST: 1987 c 398 art 7 s 22; 1991 c 265 art 7 s 9; 1993 c 224 
 art 7 s 7; 1Sp1997 c 4 art 5 s 11 

     123.97 Findings; improving instruction and curriculum. 

    The legislature finds that a process is needed to enable 
 school boards and communities to decide matters related to 
 planning, providing, and improving education instruction and 
 curriculum in the context of the state's high school graduation 
 standards.  The process should help districts evaluate the 
 impact of instruction and curriculum on students' abilities to 
 meet graduation standards, use evaluation results to improve 
 instruction and curriculum, and determine services that 
 districts and other public education entities can provide 
 collaboratively with institutions including families and private 
 or public organizations and agencies.  The legislature 
 anticipates that a highly focused public education strategy will 
 be an integral part of each district's review and improvement of 
 instruction and curriculum. 

    HIST: 1996 c 412 art 7 s 3 

     123.972 School district process. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section and section 123.97, the following terms have the 
 meanings given them. 

    (a) "Instruction" means methods of providing learning 
 experiences that enables a student to meet graduation standards. 

    (b) "Curriculum" means written plans for providing students 
 with learning experiences that lead to knowledge, skills, and 
 positive attitudes. 

    Subd. 2.    Adopting policies.  (a) A school board shall 
 adopt annually a written policy that includes the following: 

    (1) district goals for instruction and curriculum; 

    (2) a process for evaluating each student's progress toward 
 meeting graduation standards and identifying the strengths and 
 weaknesses of instruction and curriculum affecting students' 
 progress; 

    (3) a system for periodically reviewing all instruction and 
 curriculum; 

    (4) a plan for improving instruction and curriculum; and 

    (5) an instruction plan that includes education 
 effectiveness processes developed under section 121.608 and 
 integrates instruction, curriculum, and technology. 

    Subd. 3.    Instruction and curriculum advisory committee. 
  Each school board shall establish an instruction and 
 curriculum advisory committee to ensure active community 
 participation in all phases of planning and improving the 
 instruction and curriculum affecting state graduation 
 standards.  A district advisory committee, to the extent 
 possible, shall reflect the diversity of the district and its 
 learning sites, and shall include teachers, parents, support 
 staff, pupils, and other community residents.  The district may 
 establish building teams as subcommittees of the district 
 advisory committee under subdivision 4.  The district advisory 
 committee shall recommend to the school board districtwide 
 education standards, assessments, and program evaluations.  
 Learning sites may expand upon district evaluations of 
 instruction, curriculum, assessments, or programs.  Whenever 
 possible, parents and other community residents shall comprise 
 at least two-thirds of advisory committee members. 

    Subd. 4.    Building team.  A school may establish a 
 building team to develop and implement an education 
 effectiveness plan to improve instruction and curriculum.  The 
 team shall advise the board and the advisory committee about 
 developing an instruction and curriculum improvement plan that 
 aligns curriculum, assessment of student progress in meeting 
 state graduation standards, and instruction. 

    Subd. 5.    Report.  (a) By October 1 of each year, the 
 school board shall use standard statewide reporting procedures 
 the commissioner develops and adopt a report that includes the 
 following: 

    (1) student performance goals for meeting state graduation 
 standards adopted for that year; 

    (2) results of local assessment data, and any additional 
 test data; 

    (3) the annual school district improvement plans; 

    (4) information about district and learning site progress 
 in realizing previously adopted improvement plans; and 

    (5) the amount and type of revenue attributed to each 
 education site as defined in section 123.951, subdivision 2. 

    (b) The school board shall publish the report in the local 
 newspaper with the largest circulation in the district or by 
 mail.  The board shall make a copy of the report available to 
 the public for inspection.  The board shall send a copy of the 
 report to the commissioner of children, families, and learning 
 by October 15 of each year. 

    (c) The title of the report shall contain the name and 
 number of the school district and read "Annual Report on 
 Curriculum, Instruction, and Student Performance."  The report 
 must include at least the following information about advisory 
 committee membership: 

    (1) the name of each committee member and the date when 
 that member's term expires; 

    (2) the method and criteria the school board uses to select 
 committee members; and 

    (3) the date by which a community resident must apply to 
 next serve on the committee. 

    Subd. 6.    Student evaluation.  The school board 
 annually shall provide high school graduates or GED recipients 
 who receive a diploma or its equivalent from the school district 
 with an opportunity to report to the board on the following: 

    (1) the quality of district instruction, curriculum, and 
 services; 

    (2) the quality of district delivery of instruction, 
 curriculum, and services; 

    (3) the utility of district facilities; and 

    (4) the effectiveness of district administration. 

    Subd. 7.    Periodic report.  Each school district shall 
 periodically ask affected constituencies about their level of 
 satisfaction with school.  The district shall include the 
 results of this evaluation in the report required under 
 subdivision 5. 

    Subd. 8.    Biennial evaluation; assessment program.  At 
 least once every two years, the district report shall include an 
 evaluation of the district testing programs, according to the 
 following: 

    (1) written objectives of the assessment program; 

    (2) names of tests and grade levels tested; 

    (3) use of test results; and 

    (4) implementation of an assurance of mastery program. 

    HIST: 1996 c 412 art 7 s 4; 1Sp1997 c 4 art 5 s 12