2001 Minnesota Statutes

     123A.443 Grant application process. 

    Subdivision 1.    Qualification.  Any group of districts 
 that meets the criteria required under subdivision 2 may apply 
 for an incentive grant for construction of a new secondary 
 facility or for remodeling and improving an existing secondary 
 facility.  A grant for new construction must not exceed the 
 lesser of $5,000,000 or 75 percent of the approved construction 
 costs of a cooperative secondary education facility.  A grant 
 for remodeling and improving an existing facility must not 
 exceed $200,000. 

    Subd. 2.    Review by commissioner.  (a) A group of 
 districts that submits an application for a grant must submit a 
 proposal to the commissioner for review and comment under 
 section 123B.71.  The commissioner shall prepare a review and 
 comment on the proposed facility by July 1 of an odd-numbered 
 year, regardless of the amount of the capital expenditure 
 required to acquire, construct, remodel or improve the secondary 
 facility.  The commissioner shall not approve an application for 
 an incentive grant for any secondary facility unless the 
 facility receives a favorable review and comment under section 
 123B.71 and the following criteria are met: 

    (1) a minimum of two or more districts, with kindergarten 
 to grade 12 enrollments in each district of no more than 1,200 
 pupils, enter into a joint powers agreement; 

    (2) a joint powers board representing all participating 
 districts is established under section 471.59 to govern the 
 cooperative secondary facility; 

    (3) the planned secondary facility will result in the joint 
 powers district meeting the requirements of Minnesota Rules, 
 parts 3500.2010 and 3500.2110; 

    (4) at least 198 pupils would be served in grades 10 to 12, 
 264 pupils would be served in grades 9 to 12, or 396 pupils 
 would be served in grades 7 to 12; 

    (5) no more than one superintendent is employed by the 
 joint powers board as a result of the cooperative secondary 
 facility agreement; 

    (6) a statement of need is submitted, that may include 
 reasons why the current secondary facilities are inadequate, 
 unsafe or inaccessible to the handicapped; 

    (7) an educational plan is prepared, that includes input 
 from both community and professional staff; 

    (8) a combined seniority list for all participating 
 districts is developed by the joint powers board; 

    (9) an education program is developed that provides for 
 more learning opportunities and course offerings, including the 
 offering of advanced placement courses, for students than is 
 currently available in any single member district; 

    (10) a plan is developed for providing instruction of any 
 resident students in other districts when distance to the 
 secondary education facility makes attendance at the facility 
 unreasonably difficult or impractical; and 

    (11) the joint powers board established under clause (2) 
 discusses with technical colleges located in the area how 
 vocational education space in the cooperative secondary facility 
 could be jointly used for secondary and post-secondary purposes. 

    (b) To the extent possible, the joint powers board is 
 encouraged to provide for severance pay or for early retirement 
 incentives under section 122A.48, for any teacher or 
 administrator, as defined under section 122A.40, subdivision 1, 
 who is placed on unrequested leave as a result of the 
 cooperative secondary facility agreement. 

    (c) For the purpose of paragraph (a), clause (8), each 
 district must be considered to have started school each year on 
 the same date. 

    (d) The districts may develop a plan that provides for the 
 location of social service, health, and other programs serving 
 pupils and community residents within the cooperative secondary 
 facility.  The commissioner shall consider this plan when 
 preparing a review and comment on the proposed facility. 

    (e) The districts must schedule and conduct a meeting on 
 library services.  The school districts, in cooperation with the 
 regional public library system and its appropriate member 
 libraries, must discuss the possibility of including jointly 
 operated library services at the cooperative secondary facility. 

    (f) The board of a district that has reorganized under 
 section 123A.37 or 123A.48 and that is applying for a grant for 
 remodeling or improving an existing facility may act in the 
 place of a joint powers board to meet the criteria of this 
 subdivision. 

    Subd. 3.    Reorganizing districts.  A district that is 
 a member of a joint powers board established under subdivision 2 
 and that is planning to reorganize under section 123A.45, 
 123A.46, or 123A.48 must notify the joint powers board one year 
 in advance of the effective date of the reorganization.  
 Notwithstanding section 471.59 or any other law to the contrary, 
 the board of a district that reorganizes under section 123A.45, 
 123A.46, or 123A.48 may appoint representatives to the joint 
 powers board who will serve on the joint powers board for two 
 years after the effective date of the reorganization if 
 authorized in the agreement establishing the joint powers board 
 to govern the cooperative secondary facility.  These 
 representatives shall have the same powers as representatives of 
 any other school district under the joint powers agreement. 

    Subd. 4.    District procedures.  A joint powers board 
 of a secondary district established under subdivision 2 or a 
 school board of a reorganized district that intends to apply for 
 a grant must adopt a resolution stating the proposed costs of 
 the project, the purpose for which the costs are to be incurred, 
 and an estimate of the dates when the facilities for which the 
 grant is requested will be contracted for and completed.  
 Applications for the state grants must be accompanied by (a) a 
 copy of the resolution, (b) a certificate by the clerk and 
 treasurer of the joint powers board showing the current 
 outstanding indebtedness of each member district, and (c) a 
 certificate by the county auditor of each county in which a 
 portion of the joint powers district lies showing the 
 information in the auditor's official records that is required 
 to be used in computing the debt limit of the district under 
 section 475.53, subdivision 4.  The clerk's and treasurer's 
 certificate must show, as to each outstanding bond issue of each 
 member district, the amount originally issued, the purpose for 
 which issued, the date of issue, the amount remaining unpaid as 
 of the date of the resolution, and the interest rates and due 
 dates and amounts of principal thereon.  Applications and 
 necessary data must be in the form prescribed by the 
 commissioner and the rules of the state board of education.  
 Applications must be received by the commissioner by September 1 
 of an odd-numbered year.  When an application is received, the 
 commissioner shall obtain from the commissioner of revenue, and 
 from the public utilities commission when required, the 
 information in their official records that is required to be 
 used in computing the debt limit of the joint powers district 
 under section 475.53, subdivision 4. 

    Subd. 5.    Award of grants.  By November 1 of the 
 odd-numbered year, the commissioner shall examine and consider 
 all applications for grants, and if any district is found not 
 qualified, the commissioner shall promptly notify that board.  

    A grant award is subject to verification by the district as 
 specified in subdivision 8.  A grant award for a new facility 
 must not be made until the site of the secondary facility has 
 been determined.  A grant award to remodel or improve an 
 existing facility must not be made until the districts have 
 reorganized.  If the total amount of the approved applications 
 exceeds the amount that is or can be made available, the 
 commissioner shall allot the available amount equally between 
 the approved applicant districts.  The commissioner shall 
 promptly certify to each qualified district the amount, if any, 
 of the grant awarded to it. 

    Subd. 6.    Collocation grant.  A group of districts 
 that receives a grant for a new facility under subdivision 4 is 
 also eligible to receive an additional grant in the amount of 
 $1,000,000.  To receive the additional grant, the group of 
 districts must develop a plan under subdivision 2, paragraph 
 (d), that provides for the location of a significant number of 
 noneducational student and community service programs within the 
 cooperative secondary facility. 

    Subd. 7.    Referendum; bond issue.  Within 180 days 
 after being awarded a grant for a new facility under subdivision 
 5, the joint powers board must submit the question of 
 authorizing the borrowing of funds for the secondary facility to 
 the voters of the joint powers district at a special election, 
 which may be held in conjunction with the annual election of the 
 school board members of the member districts.  The question 
 submitted must state the total amount of funding needed from all 
 sources.  A majority of those voting in the affirmative on the 
 question is sufficient to authorize the joint powers board to 
 accept the grant and to issue the bonds on public sale in 
 accordance with chapter 475.  The clerk of the joint powers 
 board must certify the vote of the bond election to the 
 commissioner.  If the question is approved by the voters, the 
 commissioner shall notify the approved applicant districts that 
 the grant amount certified under subdivision 5 is available and 
 appropriated for payment under this subdivision.  If a majority 
 of those voting on the question do not vote in the affirmative, 
 the grant must be canceled. 

    Subd. 8.    Contract.  Each grant must be evidenced by a 
 contract between the board and the state acting through the 
 commissioner.  The contract obligates the state to pay to the 
 board an amount computed according to subdivision 5, and 
 according to a schedule, and terms and conditions acceptable to 
 the commissioner of finance. 

    Subd. 9.    Consolidation.  A group of districts that 
 operates a cooperative secondary facility that was acquired, 
 constructed, remodeled, or improved under this section and 
 implements consolidation proceedings according to section 
 123A.48, may propose a temporary school board structure in the 
 petition or resolution required under section 123A.48, 
 subdivision 2.  The districts may propose the number of existing 
 school board members of each district to become members of the 
 board of the consolidated district and a method to gradually 
 reduce the membership to six or seven.  The proposal must be 
 approved, disapproved, or modified by the state board of 
 education.  The election requirements of section 123A.48, 
 subdivision 20, do not apply to a proposal approved by the state 
 board.  Elections conducted after the effective date of the 
 consolidation are subject to the Minnesota Election Law. 

    HIST: 1987 c 400 s 36,59; 1988 c 718 art 8 s 13-15; 1989 c 300 
 art 2 s 2-4,13; 1989 c 329 art 6 s 38; 1990 c 562 art 6 s 27; 
 1992 c 409 s 2; 1992 c 499 art 5 s 10-12; 1993 c 224 art 5 s 
 18-20; 1994 c 643 s 55-61; 1Sp1995 c 2 art 1 s 32-34; 1Sp1995 c 
 3 art 16 s 13; 1998 c 397 art 7 s 68-73,164; art 11 s 3; 1999 c 
 241 art 4 s 29; 2000 c 464 art 3 s 9; 2000 c 489 art 5 s 19,27