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Minnesota Legislature

Office of the Revisor of Statutes

123B.09 BOARDS OF INDEPENDENT SCHOOL DISTRICTS.
    Subdivision 1. School board membership. The care, management, and control of
independent districts is vested in a board of directors, to be known as the school board. The
term of office of a member shall be four years commencing on the first Monday in January and
until a successor qualifies. The membership of the board shall consist of six elected directors
together with such ex officio member as may be provided by law. The board may submit to the
electors at any school election the question whether the board shall consist of seven members. 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. 1a. Sex offender school board ineligibility. A sex offender who has been convicted
of an offense for which registration under section 243.166 is required is ineligible to become a
candidate for the office of school board member, as defined in subdivision 1. Ineligibility is
determined by the registration requirements in effect at the time the offender files for office, not
by the registration requirements, if any, that were in effect at the time the offender was convicted.
    Subd. 2. School board member training. A member shall receive training in school finance
and management developed in consultation with the Minnesota School Boards Association and
consistent with section 127A.19. The School Boards Association must make available to each
newly elected school board member training in school finance and management consistent with
section 127A.19 within 180 days of that member taking office. The program shall be developed in
consultation with the department and appropriate representatives of higher education.
    Subd. 3. Causes for school board member vacancy. A vacancy in any board occurs when a
member (a) dies, (b) resigns, (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. 4. Ill or absent member. 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 the ill or absent member is able to resume duties as a member
of the board, the board must 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. 5. Appointments to fill vacancies. Any other vacancy in a board must 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. 6. Meetings. 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. 7. Policy making. 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. 8. Duties. The board must 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 postsecondary institution for
secondary or postsecondary nonsectarian courses to be taught at a secondary school, nonsectarian
postsecondary institution, or another location.
    Subd. 9. Removing board members. 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. 10. Publishing proceedings. The board must 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. 11. Mailing summary of proceedings. If a 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 must make the property tax records available to the board for this purpose. The board must
keep a copy of the summary of the proceedings as part of its records. The decision of a 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. Board to fix compensation. 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.
History: 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; 1998 c 397 art 6 s 45-53,124; art 11 s 3; 1999 c 101 s 1; 2000 c 467 s 4