Bill Text: MN HF1007 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Carver, Scott, and Le Sueur Counties; new intermediate school district created.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-02-28 - Introduction and first reading, referred to Education Policy [HF1007 Detail]
Download: Minnesota-2013-HF1007-Introduced.html
1.2relating to education; creating a new intermediate school district in Carver, Scott,
1.3and LeSeuer counties;proposing coding for new law in Minnesota Statutes,
1.4chapter 136D.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [136D.41] LISTED DISTRICTS MAY FORM INTERMEDIATE
1.7DISTRICT.
1.8Notwithstanding any other law to the contrary, two or more of the Independent School
1.9Districts Nos. 108, 110, 111, and 112 of Carver County, Independent School Districts Nos.
1.10716, 717, 719, 720, and 721 of Scott County, and Independent School District No. 2905 of
1.11LeSeuer County, whether or not contiguous, may enter into agreements to accomplish
1.12jointly and cooperatively the acquisition, betterment, construction, maintenance, and
1.13operation of facilities for, and instruction in, special education, career and technical
1.14education, adult basic education, and alternative education. Each school district that
1.15becomes a party to such an agreement is a "participating school district" for purposes
1.16of sections 136D.41 to 136D.49. The agreement may provide for the exercise of these
1.17powers by a joint school board created as set forth in sections 136D.41 to 136D.49.
1.18 Sec. 2. [136D.42] JOINT SCHOOL BOARD; MEMBERS; BYLAWS.
1.19 Subdivision 1. Board. The agreement shall provide for a joint school board
1.20representing the parties to the agreement. The agreement shall specify the name of the
1.21board, the number and manner of election or appointment of its members, their terms and
1.22qualifications, and other necessary and desirable provisions.
2.1 Subd. 2. Bylaws. The board may adopt bylaws specifying the duties and powers of
2.2its officers and the meeting dates of the board, and containing such other provisions as
2.3may be usual and necessary for the efficient conduct of the business of the board.
2.4 Sec. 3. [136D.43] STATUS OF JOINT SCHOOL BOARD.
2.5 Subdivision 1. Public agency. The joint school board shall be a public agency of the
2.6participating school districts and may receive and disburse federal and state funds made
2.7available to it or to the participating school districts.
2.8 Subd. 2. Liability. No participating school district shall have individual liability
2.9for the debts and obligations of the board, nor shall any individual serving as a member
2.10of the board have such liability.
2.11 Subd. 3. Tax exempt. Any properties, real or personal, acquired, owned, leased,
2.12controlled, used, or occupied by the board for its purposes shall be exempt from taxation
2.13by the state or any of its political subdivisions.
2.14 Sec. 4. [136D.44] JOINT BOARD HAS ALL POWERS OF MEMBER
2.15DISTRICTS.
2.16To effectuate the agreement, the joint school board shall have all the powers granted
2.17by law to any or all of the participating school districts with the exception of bond and
2.18levy authority beyond lease-levy.
2.19 Sec. 5. [136D.45] AGREEMENT APPROVAL; NOTICE; PETITION;
2.20REFERENDUM.
2.21 Subdivision 1. Resolution. The agreement shall, before it becomes effective, be
2.22approved by a resolution adopted by the school board of each school district named therein.
2.23 Subd. 2. When effective. Each resolution shall be published once in a newspaper
2.24published in the district, if there is one, or in a newspaper having general circulation in the
2.25district, and shall become effective 30 days after publication, unless within the 30-day
2.26period a petition for referendum on the resolution is filed with the school board, signed by
2.27qualified voters of the school district equal in number to five percent of the number of
2.28voters voting at the last annual school district election. In such case, the resolution shall
2.29not become effective until approved by a majority of the voters voting thereon at a regular
2.30or special election. The agreement may provide conditions under which it shall become
2.31effective even though it may not be approved in all districts.
3.1 Sec. 6. [136D.46] DISTRICT CONTRIBUTIONS, DISBURSEMENTS,
3.2CONTRACTS.
3.3The participating school districts may contribute funds to the board. Disbursements
3.4shall be made by the board in accordance with sections 123B.14, 123B.143, and 123B.147.
3.5The board shall be subject to section 123B.52, subdivisions 1, 2, 3, and 5.
3.6 Sec. 7. [136D.47] TERM OF AGREEMENT.
3.7The agreement shall state the term of its duration and may provide for the method of
3.8termination and distribution of assets after payment of all liabilities of the joint school
3.9board.
3.10 Sec. 8. [136D.48] NON-POSTSECONDARY PROGRAMS; LICENSED
3.11DIRECTION.
3.12The board may also provide any other educational programs or other services
3.13requested by a participating district. However, these programs and services may not be
3.14postsecondary programs or services. Academic offerings shall be provided only under the
3.15direction of properly licensed academic supervisory personnel.
3.16 Sec. 9. [136D.49] OTHER MEMBERSHIP AND POWERS.
3.17In addition to the districts listed in sections 136D.21, 136D.41, 136D.71, and
3.18136D.81, the agreement of an intermediate school district established under this chapter
3.19may provide for the membership of other school districts and cities, counties, and other
3.20governmental units as defined in section 471.59. In addition to the powers listed in
3.21sections 136D.25, 136D.73, and 136D.84, an intermediate school board may provide the
3.22services defined in section 123A.21, subdivisions 7 and 8.
1.3and LeSeuer counties;proposing coding for new law in Minnesota Statutes,
1.4chapter 136D.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [136D.41] LISTED DISTRICTS MAY FORM INTERMEDIATE
1.7DISTRICT.
1.8Notwithstanding any other law to the contrary, two or more of the Independent School
1.9Districts Nos. 108, 110, 111, and 112 of Carver County, Independent School Districts Nos.
1.10716, 717, 719, 720, and 721 of Scott County, and Independent School District No. 2905 of
1.11LeSeuer County, whether or not contiguous, may enter into agreements to accomplish
1.12jointly and cooperatively the acquisition, betterment, construction, maintenance, and
1.13operation of facilities for, and instruction in, special education, career and technical
1.14education, adult basic education, and alternative education. Each school district that
1.15becomes a party to such an agreement is a "participating school district" for purposes
1.16of sections 136D.41 to 136D.49. The agreement may provide for the exercise of these
1.17powers by a joint school board created as set forth in sections 136D.41 to 136D.49.
1.18 Sec. 2. [136D.42] JOINT SCHOOL BOARD; MEMBERS; BYLAWS.
1.19 Subdivision 1. Board. The agreement shall provide for a joint school board
1.20representing the parties to the agreement. The agreement shall specify the name of the
1.21board, the number and manner of election or appointment of its members, their terms and
1.22qualifications, and other necessary and desirable provisions.
2.1 Subd. 2. Bylaws. The board may adopt bylaws specifying the duties and powers of
2.2its officers and the meeting dates of the board, and containing such other provisions as
2.3may be usual and necessary for the efficient conduct of the business of the board.
2.4 Sec. 3. [136D.43] STATUS OF JOINT SCHOOL BOARD.
2.5 Subdivision 1. Public agency. The joint school board shall be a public agency of the
2.6participating school districts and may receive and disburse federal and state funds made
2.7available to it or to the participating school districts.
2.8 Subd. 2. Liability. No participating school district shall have individual liability
2.9for the debts and obligations of the board, nor shall any individual serving as a member
2.10of the board have such liability.
2.11 Subd. 3. Tax exempt. Any properties, real or personal, acquired, owned, leased,
2.12controlled, used, or occupied by the board for its purposes shall be exempt from taxation
2.13by the state or any of its political subdivisions.
2.14 Sec. 4. [136D.44] JOINT BOARD HAS ALL POWERS OF MEMBER
2.15DISTRICTS.
2.16To effectuate the agreement, the joint school board shall have all the powers granted
2.17by law to any or all of the participating school districts with the exception of bond and
2.18levy authority beyond lease-levy.
2.19 Sec. 5. [136D.45] AGREEMENT APPROVAL; NOTICE; PETITION;
2.20REFERENDUM.
2.21 Subdivision 1. Resolution. The agreement shall, before it becomes effective, be
2.22approved by a resolution adopted by the school board of each school district named therein.
2.23 Subd. 2. When effective. Each resolution shall be published once in a newspaper
2.24published in the district, if there is one, or in a newspaper having general circulation in the
2.25district, and shall become effective 30 days after publication, unless within the 30-day
2.26period a petition for referendum on the resolution is filed with the school board, signed by
2.27qualified voters of the school district equal in number to five percent of the number of
2.28voters voting at the last annual school district election. In such case, the resolution shall
2.29not become effective until approved by a majority of the voters voting thereon at a regular
2.30or special election. The agreement may provide conditions under which it shall become
2.31effective even though it may not be approved in all districts.
3.1 Sec. 6. [136D.46] DISTRICT CONTRIBUTIONS, DISBURSEMENTS,
3.2CONTRACTS.
3.3The participating school districts may contribute funds to the board. Disbursements
3.4shall be made by the board in accordance with sections 123B.14, 123B.143, and 123B.147.
3.5The board shall be subject to section 123B.52, subdivisions 1, 2, 3, and 5.
3.6 Sec. 7. [136D.47] TERM OF AGREEMENT.
3.7The agreement shall state the term of its duration and may provide for the method of
3.8termination and distribution of assets after payment of all liabilities of the joint school
3.9board.
3.10 Sec. 8. [136D.48] NON-POSTSECONDARY PROGRAMS; LICENSED
3.11DIRECTION.
3.12The board may also provide any other educational programs or other services
3.13requested by a participating district. However, these programs and services may not be
3.14postsecondary programs or services. Academic offerings shall be provided only under the
3.15direction of properly licensed academic supervisory personnel.
3.16 Sec. 9. [136D.49] OTHER MEMBERSHIP AND POWERS.
3.17In addition to the districts listed in sections 136D.21, 136D.41, 136D.71, and
3.18136D.81, the agreement of an intermediate school district established under this chapter
3.19may provide for the membership of other school districts and cities, counties, and other
3.20governmental units as defined in section 471.59. In addition to the powers listed in
3.21sections 136D.25, 136D.73, and 136D.84, an intermediate school board may provide the
3.22services defined in section 123A.21, subdivisions 7 and 8.
