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123A.15 ESTABLISHING EDUCATION DISTRICTS.
    Subdivision 1. Purpose. The purpose of an education district is to increase educational
opportunities for learners by increasing cooperation and coordination among school districts,
other governmental units, and postsecondary institutions, and to replace other existing cooperative
structures.
    Subd. 2. Agreement to establish an education district; special provision. (a) Boards
meeting the requirements of subdivision 3 may enter into a written agreement to establish an
education district. Once established, cities, counties, and other governmental units as defined in
section 471.59, may become members of the education district. The agreement and subsequent
amendments must be adopted by majority vote of the full membership of each board.
(b) The education district agreement may contain a special provision adopted by the vote
of a majority of the full membership of each of the boards of the member districts to allow a
postsecondary institution or cities, counties, and other governmental units to become a member of
the education district.
    Subd. 3. Requirements for formation. (a) An education district must have one of the
following at the time of formation:
(1) at least five districts;
(2) at least four districts with a total of at least 5,000 pupils in average daily membership; or
(3) at least four districts with a total of at least 2,000 square miles.
Members of an education district must be contiguous. Districts with a cooperation agreement
according to section 123A.32 may belong to an education district only as a unit.
(b) A noncontiguous district may be a member of an education district if the commissioner
of education determines that:
(1) a district between the education district and the noncontiguous district has considered and
is unwilling to become a member; or
(2) a noncontiguous configuration of member districts has sufficient technological or other
resources to offer effective levels of programs and services.
    Subd. 4. Meeting with teacher representatives. Before entering into an agreement, the
board of each member district must meet and confer with the exclusive representatives of the
teachers of each district proposing to enter the education district.
    Subd. 5. Notice and public hearing on proposed agreement. Before entering into an
agreement, the board of each member district must publish a summary of the proposed agreement
and its effect upon the district at least once in a newspaper of general circulation in the district.
The board must conduct a public hearing on the proposed agreement not more than ten days after
the notice and at least 30 days before entering into an agreement.
    Subd. 6. Service cooperatives to assist in establishing education districts. If requested,
service cooperatives must provide assistance to districts in establishing education districts.
The assistance may include determination of appropriate boundaries of the education district
and development of the agreement. The service cooperatives may provide any other services
requested by the education district.
History: 1987 c 398 art 8 s 2; 1988 c 718 art 6 s 3; 1989 c 329 art 6 s 19-23; 1990 c 562 art
6 s 8,9; 1991 c 265 art 6 s 19; 1994 c 647 art 6 s 42; art 13 s 2; 1Sp1995 c 3 art 9 s 13-15; 1996 c
305 art 1 s 138; 1998 c 397 art 5 s 77-81,104; art 11 s 3; 1998 c 398 art 5 s 55; 2003 c 130 s 12