2006 Minnesota Statutes

123A.35 COOPERATION AND COMBINATION.
    Subdivision 1. Scope. Sections 123A.35 to 123A.43 establish procedures for boards that
adopt, by resolution, a five-year written agreement:
(1) to provide at least secondary instruction cooperatively for at least one or two years, if the
districts cooperate according to subdivision 2; and
(2) to combine into one district.
    Subd. 2. Cooperation requirements. Cooperating districts must:
(1) implement a written agreement according to section 123A.32 no later than the first
year of cooperation;
(2) all be members of one education district, if any one of the districts is a member, no later
than the end of the second year of cooperation; and
(3) all be members of one service cooperative, if any one of the districts is a member.
Clause (1) does not apply to a district that implemented an agreement for secondary
education, according to Minnesota Statutes 1996, section 122.535, during any year before the
1991-1992 school year. If the districts cooperate for one or more years, the agreement may be
continued during those years.
    Subd. 3. Combination requirements. Combining districts must be contiguous and meet
one of the following requirements at the time of combination:
(1) at least two districts with at least 400 resident pupils enrolled in grades 7 through 12 in
the combined district and projections, approved by the department, of enrollment at least at that
level for five years;
(2) at least two districts if either:
(i) both of the districts qualify for secondary sparsity revenue under section 126C.10,
subdivision 7 , and have an average isolation index over 23; or
(ii) the combined district qualifies for secondary sparsity revenue;
(3) at least three districts with fewer than 400 resident pupils enrolled in grades 7 through 12
in the combined district; or
(4) at least two districts with fewer than 400 resident pupils enrolled in grades 7 through 12
in the combined district if either district is located on the border of the state.
A combination under clause (2), (3), or (4) must be approved by the commissioner. The
commissioner shall disapprove a combination under clause (2), (3), or (4) if the combination is
educationally unsound or would not reasonably enable the districts to fulfill statutory and rule
requirements.
History: 1989 c 329 art 6 s 5; 1989 c 356 s 48; 1990 c 562 art 6 s 4; 1991 c 265 art 6 s
10,11; 1992 c 499 art 6 s 8; 1993 c 224 art 13 s 14; 1Sp1995 c 3 art 16 s 13; 1996 c 305 art 1
s 138; 1998 c 397 art 5 s 34,104; art 11 s 3