123A.37 COMMISSIONER AND VOTER APPROVAL.
Subdivision 1. Commissioner approval.
Before submitting the question of combining
districts to the voters at a referendum, the cooperating districts must submit the proposed
combination to the commissioner. The commissioner shall determine the date for submission and
may require any information it determines necessary. The commissioner shall disapprove the
proposed combination if it is educationally unsound, will not reasonably enable the combined
district to fulfill statutory and rule requirements, or if the plan or modifications are incomplete.
If disapproved by the commissioner, the referendum shall be postponed, but not canceled,
by the boards.
Subd. 2. Voter approval.
A referendum on the question of combination must be conducted
during the first or second year of cooperation for districts that cooperate according to section
, or no more than 18 months before the effective date of combination for districts that
do not cooperate. The referendum must be on a date called by the boards. The referendum must
be conducted by the boards according to the Minnesota Election Law, as defined in section
. If the referendum fails, the same question or a modified question may be submitted. If the
referendum fails again, the districts must modify their cooperation and combination plan. A third
referendum may be conducted. If a second or third referendum is conducted after October 1, the
newly combined district may not levy under section
123A.39, subdivision 3
, until the following
year. Referendums shall be conducted on the same date in all districts.
History: 1989 c 329 art 6 s 7; 1990 c 562 art 6 s 5; 1991 c 265 art 6 s 13; 1992 c 499 art 6 s
10; 1993 c 224 art 6 s 6; art 13 s 15; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 5 s 39,104; art 11 s 3