1998 Minnesota Statutes

CHAPTER 128C. High school league

     128C.01 Form, makeup, delegated power, board members. 

    Subdivision 1.    Voluntary association.  The Minnesota 
 state high school league is a nonprofit corporation that is a 
 voluntary association of high schools.  A high school that is a 
 school under section 120A.22, subdivision 4, may be a member of 
 the league.  The league is made up of high schools whose 
 governing boards have delegated their control of extracurricular 
 activities, as described in section 123B.49, subdivision 4, to 
 the league.  The delegation is made when the governing board 
 files a certificate of delegation with the commissioner of 
 children, families, and learning. 

    Subd. 2.    Power to delegate to, pay for, league.  The 
 governing board of a high school may delegate its control of 
 extracurricular activities to the league.  A school board may 
 spend money for, and pay dues to, the league. 

    Subd. 3.    League power to control.  The state high 
 school league may control contests by and between pupils of the 
 Minnesota high schools that are delegated to it under this 
 section.  

    Subd. 4.    Board.  (a) The league must have a 20-member 
 governing board. 

    (1) The governor must appoint four members according to 
 section 15.0597.  Each of the four appointees must be a parent.  
 At least one of them must be an American Indian, an Asian, a 
 Black, or a Hispanic. 

    (2) The Minnesota association of secondary school 
 principals must appoint two of its members. 

    (3) The remaining 14 members must be selected according to 
 league bylaws.  

    (b) The terms, compensation, removal of members, and the 
 filling of membership vacancies are governed by section 15.0575. 

    Subd. 5.    Certain commercial relationships prohibited. 
  The board may not enter into corporate partnerships or 
 similar agreements with any business or commercial organization 
 that sells products or services used by student or adult 
 participants in league activities while they participate in 
 activities regulated by the league.  The board may sell 
 advertising to any such business or organization if the 
 advertising is clearly identified as advertising paid for by the 
 business or commercial organization. 

    HIST: 1973 c 492 s 14; 1973 c 738 s 1; 1980 c 355 s 2; 1982 c 
 424 s 34,130; 1985 c 248 s 70; 1986 c 444; 1987 c 243 s 1,2; 
 1988 c 718 art 7 s 45-49; 1989 c 220 s 4;; 1991 c 265 art 9 s 
 59; 1992 c 499 art 8 s 18; 1Sp1995 c 3 art 16 s 13; 1998 c 397 
 art 11 s 3 

     128C.02 Duties, policies, criteria, rules of board. 

    Subdivision 1.    Decisions, policies, advisory 
 committees.  The board shall establish and adopt policies, 
 make decisions on behalf of the league, and establish advisory 
 committees necessary to carry out board functions. 

    Subd. 2.    Sexual harassment and violence; hazing.  The 
 board of the league shall adopt a policy, rules, penalties, and 
 recommendations addressing sexual harassment and sexual violence 
 and hazing toward and by participants in league activities. 

    Subd. 3.    Criteria for conference arrangements.  The 
 board must develop criteria for the league to use when it is 
 asked to arrange for membership in an interscholastic conference 
 by a league member under section 128C.07.  The league must give 
 notice and an opportunity for league members to be heard before 
 adopting the criteria.  The criteria must include, at least, the 
 distance to be traveled by competing schools, the relative 
 enrollments of the schools, and the comparability of 
 extracurricular activities in the schools. 

    Subd. 4.    Rules are apa exempt.  The rules of the 
 league are exempt from chapter 14, including section 14.386. 

    Subd. 5.    Rules for open enrollees.  The league shall 
 adopt league rules and regulations governing the athletic 
 participation of pupils attending school in a nonresident 
 district under section 124D.03. 

    Subd. 6.    Annual report.  The board annually shall 
 prepare a written report containing the information about the 
 league that the commissioner is required to obtain and review 
 under section 128C.20.  The board shall present copies of the 
 report in a timely manner to the education committees of the 
 legislature. 

    Subd. 7.    Women referees.  The league shall adopt 
 league rules and policy requiring, to the extent possible, the 
 equal employment of women as referees for high school activities 
 and sports contests, from game level to tournament level. 

    Subd. 8.    Budget.  The league is subject to the 
 commissioner of finance's rules and instructions governing 
 budget preparation.  The league budget must be submitted to the 
 commissioner of finance and to the legislature in the same 
 manner as budgets of executive branch agencies. 

    HIST: 1989 c 220 s 4; 1989 c 329 art 8 s 9; art 9 s 16; 1990 c 
 425 s 2; 1992 c 499 art 8 s 19; 1993 c 224 art 9 s 40; 1995 c 
 233 art 2 s 56; 1997 c 187 art 4 s 5; 1Sp1997 c 4 art 7 s 36,37; 
 1998 c 397 art 11 s 3 

     128C.03 Procedures. 

    The league shall adopt procedures to ensure public notice 
 of all eligibility rules and policies that will afford the 
 opportunity for public hearings on proposed eligibility rules.  
 If requested by 100 or more parents or guardians of students, 
 the public hearing must be conducted by an administrative law 
 judge from the office of administrative hearings, by a person 
 hired under contract by the office of administrative hearings, 
 or by an independent hearing officer appointed by the 
 commissioner of children, families, and learning from a list 
 maintained for that purpose.  At the conclusion of a hearing 
 requested by 100 or more parents or guardians of students, the 
 person conducting the hearing shall write a report evaluating 
 the extent to which the league has shown that the proposed rule 
 is needed and reasonable and the legality of the proposed rule.  
 The league shall pay for hearings under this section. 

    HIST: 1997 c 187 art 4 s 6 

     128C.05 Tournaments, classes of athletic competition. 

    Subdivision 1.    Tournaments.  The Minnesota state 
 high school league shall establish, conduct, and regulate 
 championship high school tournament activities. 

    Subd. 2.    Classes.  The league shall determine the 
 number of classes in all interscholastic athletic activities 
 under its jurisdiction. 

    HIST: 1989 c 329 art 9 s 16; 1990 c 425 s 2 

     128C.07 Arranging interscholastic conference membership. 

    Subdivision 1.    Policy.  The league may establish a 
 policy to guide member high schools in forming or altering 
 interscholastic conferences. 

    Subd. 1a.    Request.  A league member high school that 
 is not in a conference may ask the league to arrange membership 
 for the league member in an interscholastic conference. 

    Subd. 2.    Reason not in conference.  The reason the 
 member is not in a conference must be:  (1) the conference was 
 dissolved, or (2) the member was involuntarily excluded. 

    Subd. 3.    Prerequisite:  180-day good faith effort.  
 Before asking the league to arrange membership, the school must 
 make a good faith attempt over at least 180 days to join a 
 conference.  The 180 days run from the date of the school's 
 first written request to join or rejoin a conference. 

    Subd. 4.    League deadline:  90 days.  The league must 
 arrange the conference membership within 90 days after receiving 
 a timely written request from a league member high school. 

    Subd. 5.    Must use criteria.  The league must follow 
 its criteria in arranging the conference membership. 

    Subd. 6.    Right to hearing, notice.  (a) The 
 requesting school or a high school already in the conference 
 that is the subject of the proposed arrangement may request a 
 timely public hearing on the proposed arrangement. 

    (b) The league must notify the schools mentioned in 
 paragraph (a) of the right to a hearing. 

    Subd. 7.    Decision is binding.  The league's final 
 decision on a matter of conference membership under this section 
 is binding on all of the schools required to be notified of the 
 right to a hearing. 

    Subd. 8.    Otherwise, conferences are voluntary.  
 Except to the extent the league arranges conference membership 
 under this section, an interscholastic conference of schools 
 participating in activities delegated to the league may be 
 formed and changed freely. 

    HIST: 1989 c 220 s 4 

     128C.08 Assaulting a sports official prohibited. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section, the following terms have the meaning given in this 
 subdivision. 

    "Assault" is (1) an act done with intent to cause fear in 
 another of immediate bodily harm or death, or (2) the infliction 
 of or attempt to inflict bodily harm upon another. 

    "Sports official" is a person who serves as an umpire, 
 referee, judge, linesperson, timer, scorekeeper, or in another 
 similar capacity for an interscholastic athletic activity. 

    "Interscholastic athletic activity" or "activity" means an 
 interscholastic athletic activity whose control, supervision, 
 and regulation have been delegated to the Minnesota state high 
 school league pursuant to section 128C.01. 

    Subd. 2.    Prohibited conduct.  Any person who assaults 
 a sports official in connection with an interscholastic athletic 
 activity may be excluded from attending an activity for up to 12 
 months. 

    Subd. 3.    Sanction.  The board of directors of the 
 Minnesota state high school league or a school board may exclude 
 any person except as provided in subdivision 5. 

    The board of directors of the Minnesota state high school 
 league may exclude a person from: 

    (1) any activity of the kind in connection with which the 
 assault occurred; or 

    (2) all interscholastic athletic activities. 

    A school board may exclude a person from any activity 
 sponsored or participated in by the school district. 

    Subd. 4.    Procedure.  The board of directors of the 
 Minnesota state high school league or a school board may exclude 
 a person from any interscholastic athletic activity if the 
 person assaulted a sports official in connection with an 
 activity.  A person alleged to have assaulted a sports official 
 shall be entitled to an informal hearing on the matter by the 
 board of directors of the Minnesota state high school league or 
 school board.  Upon finding that the person assaulted a sports 
 official, the board of directors of the Minnesota state high 
 school league or school board shall notify the individual in 
 writing and shall indicate any activity from which, and the 
 period of time for which, the person is excluded. 

    Subd. 5.    Head varsity coach.  A head varsity coach 
 may be excluded under this section only by the school board 
 employing the coach. 

    HIST: 1991 c 168 s 1; 1995 c 186 s 119 

     128C.10 Expense limits. 

    Subdivision 1.    Employee expenses.  Employees of the 
 league may be reimbursed only for expenses as authorized by the 
 commissioner's plan for state employees adopted under section 
 43A.18, subdivision 2. 

    Subd. 2.    No credit cards.  The league cannot have 
 credit cards. 

    Subd. 3.    Director's expense account.  The executive 
 director of the league may have a department head expense 
 account.  The account is subject to the same limits and 
 guidelines as the same account for the commissioner of children, 
 families, and learning.  The executive director may spend money 
 to entertain from this account only.  The executive director may 
 reimburse the expenses of guests of the league from this account 
 only. 

    Subd. 4.    Advisory committee pay.  A member of an 
 advisory committee may be paid for expenses only.  The only way 
 the expenses may be reimbursed is in the same way board members' 
 expenses are reimbursed. 

    Subd. 5.    Auto policy.  The board must have a policy 
 on the use of automobiles by league staff.  The board must show 
 annually how the policy is the most cost-effective alternative 
 available. 

    HIST: 1989 c 220 s 4; 1Sp1995 c 3 art 16 s 13 

     128C.12 Audits and reports by state auditor. 

    Subdivision 1.    Dues and events revenue.  The state 
 auditor annually must examine the accounts of, and audit all 
 money paid to, the state high school league by its members.  The 
 audit must include financial and compliance issues.  The state 
 auditor must also audit all money derived from any event 
 sponsored by the league.  League audits must include audits of 
 administrative regions of the league.  The league and its 
 administrative regions may not contract with private auditors.  
 The scope of the state auditor's examinations of the league must 
 be agreed upon by the board and the state auditor, provided that 
 all requirements of this section must be met. 

    Subd. 2. Repealed, 1991 c 265 art 11 s 26 

    Subd. 3.    Copies.  The state auditor must file copies 
 of the financial and compliance audit report with the 
 commissioner of children, families, and learning and the 
 director of the legislative reference library. 

    Subd. 4.    Coverage of report.  The audit report must 
 include the aggregate totals for all revenues and expenditures 
 for the current year and the three years before the current year 
 and the percent and dollar change from the year before each of 
 the four years.  Revenue items from student activities, 
 membership dues, publications, registration of officials and 
 judges, interest, automobile sales; and from other sources 
 including medals, refunds, and reimbursements must be audited 
 annually.  Expenditure items related to staff, the board of 
 directors, student activities, capital outlay, and office and 
 other purposes including membership services must be audited 
 annually.  

    Subd. 5.    League to pay for audit.  The league must 
 pay for the audit. 

    HIST: 1989 c 220 s 4; 1991 c 265 art 11 s 13; 1991 c 345 art 1 
 s 75; 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 art 7 s 38 

     128C.13 Investment. 

    The governing board of the league may request the state 
 board of investment to invest nonretirement funds of the league, 
 and the state board of investment may invest these funds when 
 requested. 

    HIST: 1Sp1997 c 4 art 7 s 39 

     128C.15 Employment. 

    Subdivision 1.    Affirmative action.  The state high 
 school league must adopt an affirmative action policy.  The 
 reason for the policy is to ensure that jobs within the league 
 are equally accessible to all qualified persons.  The policy is 
 also needed to eliminate underemployment by the league of the 
 protected groups that are defined in section 43A.02, subdivision 
 33. 

    Subd. 2.    Recruiting.  The league must actively and 
 publicly recruit qualified people to become its employees.  The 
 league must give special emphasis to recruiting members of 
 protected groups.  The league must advertise available positions 
 in newspapers of general circulation.  The advertisement must 
 contain a deadline for submitting applications that is at least 
 14 days after the date of the last advertisement.  The league 
 must keep each application for at least six months and must 
 notify an applicant when a position, for which the applicant is 
 qualified, becomes available. 

    Subd. 3.    Comparable worth.  The league is a political 
 subdivision under sections 471.992 to 471.999, except that the 
 league must report to the commissioner of employee relations by 
 February 1, 1989, on its implementation plan.  A cause of action 
 against the league does not arise before August 1, 1989, for 
 failure to comply with sections 471.992 to 471.999. 

    HIST: 1989 c 220 s 4 

     128C.17 League is subject to Data Practices Act. 

    The collection, creation, receipt, maintenance, 
 dissemination, or use of information by the state high school 
 league is subject to chapter 13.  The league must make data 
 relating to its eligibility determinations available to the 
 public in the form of summary data, with all personal 
 identifiers removed. 

    HIST: 1989 c 220 s 4; 1995 c 259 art 1 s 30 

     128C.20 Commissioner review of league. 

    Subdivision 1.    Annually.  Each year the commissioner 
 of children, families, and learning shall obtain and review the 
 following information about the league: 

    (1) an accurate and concise summary of the annual financial 
 and compliance audit prepared by the state auditor that includes 
 information about the compensation of and the expenditures by 
 the executive director of the league and league staff; 

    (2) a list of all complaints filed with the league and all 
 lawsuits filed against the league and the disposition of those 
 complaints and lawsuits; 

    (3) an explanation of the executive director's performance 
 review; 

    (4) information about the extent to which the league has 
 implemented its affirmative action policy, its comparable worth 
 plan, and its sexual harassment and violence policy and rules; 
 and 

    (5) an evaluation of any proposed changes in league policy. 

    Subd. 2.    Recommend laws.  The commissioner may 
 recommend to the legislature whether any legislation is made 
 necessary by league activities.  

    HIST: 1989 c 220 s 4; 1990 c 562 art 7 s 9; 1991 c 265 art 11 
 s 14; 1Sp1995 c 3 art 16 s 13 

     128C.22 League must have open meetings. 

    For the purposes of section 471.705, the state high school 
 league is considered a state agency required by law to transact 
 business in meetings open to the public. 

    HIST: 1989 c 220 s 4