Bill Text: MN HF2387 | 2013-2014 | 88th Legislature | Introduced
Bill Title: School district staff development mandate eliminated, compensatory revenue allocation modified, school district authorized to publish its minutes and budget information on its website, and first class mail requirement eliminated for some notices.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2014-03-03 - Author stricken Erickson, S. [HF2387 Detail]
Download: Minnesota-2013-HF2387-Introduced.html
1.2relating to education finance; eliminating the staff development mandate;
1.3modifying the allocation of compensatory revenue; authorizing a school district
1.4to publish its minutes and budget information on its Web site; removing a
1.5requirement that certain notices be sent by first class mail;amending Minnesota
1.6Statutes 2012, sections 123B.09, subdivision 10; 123B.10, subdivisions 1, 3;
1.7Minnesota Statutes 2013 Supplement, sections 122A.61, subdivision 1; 126C.15,
1.8subdivision 2; 126C.17, subdivision 9; repealing Minnesota Statutes 2012,
1.9section 120A.40.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2013 Supplement, section 122A.61, subdivision 1,
1.12is amended to read:
1.13 Subdivision 1. Staff development revenue. A districtis required to, at the
1.14discretion of its board, may reserve an amountequal to at least two percent of the basic
1.15revenue under section126C.10, subdivision 2 , for in-service education for programs
1.16under section120B.22, subdivision 2 , for staff development plans, including plans for
1.17challenging instructional activities and experiences under section122A.60 , and for
1.18curriculum development and programs, other in-service education, teachers' evaluation,
1.19teachers' workshops, teacher conferences, the cost of substitute teachers staff development
1.20purposes, preservice and in-service education for special education professionals and
1.21paraprofessionals, and other related costs for staff development efforts.A district may
1.22annually waive the requirement to reserve their basic revenue under this section if a
1.23majority vote of the licensed teachers in the district and a majority vote of the school board
1.24agree to a resolution to waive the requirement. A district in statutory operating debt is
1.25exempt from reserving basic revenue according to this section. Districts may expend an
1.26additional amount of unreserved revenue for staff development based on their needs.
2.1EFFECTIVE DATE.This section is effective for revenue for fiscal years 2015
2.2and later.
2.3 Sec. 2. Minnesota Statutes 2012, section 123B.09, subdivision 10, is amended to read:
2.4 Subd. 10. Publishing proceedings. The board mustcause publish its official
2.5proceedingsto be published on its Web site or once in the official newspaper of the
2.6district. Such publication shall be made within 30 days of the meeting at which such
2.7proceedings occurred. For a board that chooses to publish its proceedings in the official
2.8newspaper of the district, if the board determines that publication of a summary of the
2.9proceedings would adequately inform the public of the substance of the proceedings, the
2.10board may direct that only a summary be published, conforming to the requirements of
2.11section331A.01, subdivision 10 .
2.12EFFECTIVE DATE.This section is effective July 1, 2014.
2.13 Sec. 3. Minnesota Statutes 2012, section 123B.10, subdivision 1, is amended to read:
2.14 Subdivision 1. Budgets; form of notification. (a) For purposes of this section,
2.15"publish" means to post information on the district's Web site or publish information in the
2.16official newspaper of the district.
2.17 (b) Every board must publish revenue and expenditure budgets for the current year
2.18and the actual revenues, expenditures, fund balances for the prior year and projected fund
2.19balances for the current year in a form prescribed by the commissioner within one week
2.20of the acceptance of the final audit by the board, or November 30, whichever is earlier.
2.21The forms prescribed must be designed so that year to year comparisons of revenue,
2.22expenditures and fund balances can be made.
2.23(b) (c) A school board annually must notify the public of its revenue, expenditures,
2.24fund balances, and other relevant budget information. The board must post the materials
2.25in a conspicuous place on the district's official Web site, including a link to the district's
2.26school report card on the Department of Education's Web site, and.
2.27 (d) The board must publish in the official newspaper of the district asummary of
2.28the information and notice listing the address of the district's official Web site where the
2.29information can be found in a qualified newspaper of general circulation in the district and
2.30stating that the district's budget information, including revenue, expenditures, and fund
2.31balance, is available on the district's Web site.
2.32EFFECTIVE DATE.This section is effective July 1, 2014.
3.1 Sec. 4. Minnesota Statutes 2012, section 123B.10, subdivision 3, is amended to read:
3.2 Subd. 3. Budget inspection. A statement must be included on the Web site or in the
3.3publication official newspaper of the district that the complete budget in detail may be
3.4inspected by any resident of the district upon request to the chief school administrator.
3.5EFFECTIVE DATE.This section is effective July 1, 2014.
3.6 Sec. 5. Minnesota Statutes 2013 Supplement, section 126C.15, subdivision 2, is
3.7amended to read:
3.8 Subd. 2. Building allocation. (a) A district or cooperative must allocate at least 50
3.9percent of its compensatory revenue to each school building in the district or cooperative
3.10where the children who have generated the revenue are served unless the school district or
3.11cooperative has received permission under Laws 2005, First Special Session chapter 5,
3.12article 1, section 50, to allocate compensatory revenue according to student performance
3.13measures developed by the school board.
3.14 (b)Notwithstanding paragraph (a), A district or cooperative may shall allocate up to
3.15five percent of the remaining amount of compensatory revenue that the district it receives
3.16to school sites according to a plan adopted by theschool governing board, and a of the
3.17district or cooperativemay allocate up to an additional five percent of its compensatory
3.18revenue for activities under subdivision 1, clause (10), according to a plan adopted by the
3.19school board. The money reallocated under this paragraph must be spent for the purposes
3.20listed in subdivision 1, but may be spent on students in any grade, including students
3.21attending school readiness or other prekindergarten programs.
3.22 (c) For the purposes of this section and section126C.05, subdivision 3 , "building"
3.23means education site as defined in section123B.04, subdivision 1 .
3.24 (d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue
3.25generated by students served at a cooperative unit shall be paid to the cooperative unit.
3.26 (e) A district or cooperative with school building openings, school building
3.27closings, changes in attendance area boundaries, or other changes in programs or student
3.28demographics between the prior year and the current year may reallocate compensatory
3.29revenue among sites to reflect these changes. A district or cooperative must report to the
3.30department any adjustments it makes according to this paragraph and the department must
3.31use the adjusted compensatory revenue allocations in preparing the report required under
3.32section123B.76, subdivision 3 , paragraph (c).
3.33EFFECTIVE DATE.This section is effective for revenue for fiscal years 2015
3.34and later.
4.1 Sec. 6. Minnesota Statutes 2013 Supplement, section 126C.17, subdivision 9, is
4.2amended to read:
4.3 Subd. 9. Referendum revenue. (a) The revenue authorized by section126C.10,
4.4subdivision 1 , may be increased in the amount approved by the voters of the district
4.5at a referendum called for the purpose. The referendum may be called by the board.
4.6The referendum must be conducted one or two calendar years before the increased levy
4.7authority, if approved, first becomes payable. Only one election to approve an increase
4.8may be held in a calendar year. Unless the referendum is conducted by mail under
4.9subdivision 11, paragraph (a), the referendum must be held on the first Tuesday after the
4.10first Monday in November. The ballot must state the maximum amount of the increased
4.11revenue per adjusted pupil unit. The ballot may state a schedule, determined by the board,
4.12of increased revenue per adjusted pupil unit that differs from year to year over the number
4.13of years for which the increased revenue is authorized or may state that the amount shall
4.14increase annually by the rate of inflation. For this purpose, the rate of inflation shall be the
4.15annual inflationary increase calculated under subdivision 2, paragraph (b). The ballot may
4.16state that existing referendum levy authority is expiring. In this case, the ballot may also
4.17compare the proposed levy authority to the existing expiring levy authority, and express
4.18the proposed increase as the amount, if any, over the expiring referendum levy authority.
4.19The ballot must designate the specific number of years, not to exceed ten, for which the
4.20referendum authorization applies. The ballot, including a ballot on the question to revoke
4.21or reduce the increased revenue amount under paragraph (c), must abbreviate the term
4.22"per adjusted pupil unit" as "per pupil." The notice required under section275.60 may
4.23be modified to read, in cases of renewing existing levies at the same amount per pupil
4.24as in the previous year:
4.25"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING
4.26TO EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS
4.27SCHEDULED TO EXPIRE."
4.28 The ballot may contain a textual portion with the information required in this
4.29subdivision and a question stating substantially the following:
4.30 "Shall the increase in the revenue proposed by (petition to) the board of .........,
4.31School District No. .., be approved?"
4.32 If approved, an amount equal to the approved revenue per adjusted pupil unit times
4.33the adjusted pupil units for the school year beginning in the year after the levy is certified
4.34shall be authorized for certification for the number of years approved, if applicable, or
4.35until revoked or reduced by the voters of the district at a subsequent referendum.
5.1 (b) The board must prepare and deliver byfirst class mail at least 15 ten days but
5.2no more than 30 days before the day of the referendum to each taxpayer a notice of the
5.3referendum and the proposed revenue increase. The board need not mail more than one
5.4notice to any taxpayer. For the purpose of giving mailed notice under this subdivision,
5.5owners must be those shown to be owners on the records of the county auditor or, in any
5.6county where tax statements are mailed by the county treasurer, on the records of the county
5.7treasurer. Every property owner whose name does not appear on the records of the county
5.8auditor or the county treasurer is deemed to have waived this mailed notice unless the
5.9owner has requested in writing that the county auditor or county treasurer, as the case may
5.10be, include the name on the records for this purpose. The notice must project the anticipated
5.11amount of tax increase in annual dollars for typical residential homesteads, agricultural
5.12homesteads, apartments, and commercial-industrial property within the school district.
5.13 The notice for a referendum may state that an existing referendum levy is expiring
5.14and project the anticipated amount of increase over the existing referendum levy in
5.15the first year, if any, in annual dollars for typical residential homesteads, agricultural
5.16homesteads, apartments, and commercial-industrial property within the district.
5.17 The notice must include the following statement: "Passage of this referendum will
5.18result in an increase in your property taxes." However, in cases of renewing existing levies,
5.19the notice may include the following statement: "Passage of this referendum extends an
5.20existing operating referendum at the same amount per pupil as in the previous year."
5.21 (c) A referendum on the question of revoking or reducing the increased revenue
5.22amount authorized pursuant to paragraph (a) may be called by the board. A referendum to
5.23revoke or reduce the revenue amount must state the amount perresident marginal cost
5.24 adjusted pupil unit by which the authority is to be reduced. Revenue authority approved
5.25by the voters of the district pursuant to paragraph (a) must be available to the school
5.26district at least once before it is subject to a referendum on its revocation or reduction for
5.27subsequent years. Only one revocation or reduction referendum may be held to revoke or
5.28reduce referendum revenue for any specific year and for years thereafter.
5.29 (d) The approval of 50 percent plus one of those voting on the question is required to
5.30pass a referendum authorized by this subdivision.
5.31 (e) At least 15 days before the day of the referendum, the district must submit a
5.32copy of the notice required under paragraph (b) to the commissioner and to the county
5.33auditor of each county in which the district is located. Within 15 days after the results
5.34of the referendum have been certified by the board, or in the case of a recount, the
5.35certification of the results of the recount by the canvassing board, the district must notify
5.36the commissioner of the results of the referendum.
6.1EFFECTIVE DATE.This section is effective for notices mailed on or after July
6.21, 2014.
6.3 Sec. 7. REPEALER.
6.4Minnesota Statutes 2012, section 120A.40, is repealed.
6.5EFFECTIVE DATE.This section is effective the day following final enactment.
1.3modifying the allocation of compensatory revenue; authorizing a school district
1.4to publish its minutes and budget information on its Web site; removing a
1.5requirement that certain notices be sent by first class mail;amending Minnesota
1.6Statutes 2012, sections 123B.09, subdivision 10; 123B.10, subdivisions 1, 3;
1.7Minnesota Statutes 2013 Supplement, sections 122A.61, subdivision 1; 126C.15,
1.8subdivision 2; 126C.17, subdivision 9; repealing Minnesota Statutes 2012,
1.9section 120A.40.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2013 Supplement, section 122A.61, subdivision 1,
1.12is amended to read:
1.13 Subdivision 1. Staff development revenue. A district
1.14discretion of its board, may reserve an amount
1.15revenue under section
1.16under section
1.17challenging instructional activities and experiences under section
1.18curriculum development and programs, other in-service education, teachers' evaluation,
1.19teachers' workshops, teacher conferences, the cost of substitute teachers staff development
1.20purposes, preservice and in-service education for special education professionals and
1.21paraprofessionals, and other related costs for staff development efforts.
1.22
1.23
1.24
1.25
1.26
2.1EFFECTIVE DATE.This section is effective for revenue for fiscal years 2015
2.2and later.
2.3 Sec. 2. Minnesota Statutes 2012, section 123B.09, subdivision 10, is amended to read:
2.4 Subd. 10. Publishing proceedings. The board must
2.5proceedings
2.6district. Such publication shall be made within 30 days of the meeting at which such
2.7proceedings occurred. For a board that chooses to publish its proceedings in the official
2.8newspaper of the district, if the board determines that publication of a summary of the
2.9proceedings would adequately inform the public of the substance of the proceedings, the
2.10board may direct that only a summary be published, conforming to the requirements of
2.11section
2.12EFFECTIVE DATE.This section is effective July 1, 2014.
2.13 Sec. 3. Minnesota Statutes 2012, section 123B.10, subdivision 1, is amended to read:
2.14 Subdivision 1. Budgets; form of notification. (a) For purposes of this section,
2.15"publish" means to post information on the district's Web site or publish information in the
2.16official newspaper of the district.
2.17 (b) Every board must publish revenue and expenditure budgets for the current year
2.18and the actual revenues, expenditures, fund balances for the prior year and projected fund
2.19balances for the current year in a form prescribed by the commissioner within one week
2.20of the acceptance of the final audit by the board, or November 30, whichever is earlier.
2.21The forms prescribed must be designed so that year to year comparisons of revenue,
2.22expenditures and fund balances can be made.
2.23
2.24fund balances, and other relevant budget information. The board must post the materials
2.25in a conspicuous place on the district's official Web site, including a link to the district's
2.26school report card on the Department of Education's Web site
2.27 (d) The board must publish in the official newspaper of the district a
2.28
2.29
2.30stating that the district's budget information, including revenue, expenditures, and fund
2.31balance, is available on the district's Web site.
2.32EFFECTIVE DATE.This section is effective July 1, 2014.
3.1 Sec. 4. Minnesota Statutes 2012, section 123B.10, subdivision 3, is amended to read:
3.2 Subd. 3. Budget inspection. A statement must be included on the Web site or in the
3.3
3.4inspected by any resident of the district upon request to the chief school administrator.
3.5EFFECTIVE DATE.This section is effective July 1, 2014.
3.6 Sec. 5. Minnesota Statutes 2013 Supplement, section 126C.15, subdivision 2, is
3.7amended to read:
3.8 Subd. 2. Building allocation. (a) A district or cooperative must allocate at least 50
3.9percent of its compensatory revenue to each school building in the district or cooperative
3.10where the children who have generated the revenue are served unless the school district or
3.11cooperative has received permission under Laws 2005, First Special Session chapter 5,
3.12article 1, section 50, to allocate compensatory revenue according to student performance
3.13measures developed by the school board.
3.14 (b)
3.15
3.16to school sites according to a plan adopted by the
3.17district or cooperative
3.18
3.19
3.20listed in subdivision 1, but may be spent on students in any grade, including students
3.21attending school readiness or other prekindergarten programs.
3.22 (c) For the purposes of this section and section
3.23means education site as defined in section
3.24 (d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue
3.25generated by students served at a cooperative unit shall be paid to the cooperative unit.
3.26 (e) A district or cooperative with school building openings, school building
3.27closings, changes in attendance area boundaries, or other changes in programs or student
3.28demographics between the prior year and the current year may reallocate compensatory
3.29revenue among sites to reflect these changes. A district or cooperative must report to the
3.30department any adjustments it makes according to this paragraph and the department must
3.31use the adjusted compensatory revenue allocations in preparing the report required under
3.32section
3.33EFFECTIVE DATE.This section is effective for revenue for fiscal years 2015
3.34and later.
4.1 Sec. 6. Minnesota Statutes 2013 Supplement, section 126C.17, subdivision 9, is
4.2amended to read:
4.3 Subd. 9. Referendum revenue. (a) The revenue authorized by section
4.4subdivision 1
4.5at a referendum called for the purpose. The referendum may be called by the board.
4.6The referendum must be conducted one or two calendar years before the increased levy
4.7authority, if approved, first becomes payable. Only one election to approve an increase
4.8may be held in a calendar year. Unless the referendum is conducted by mail under
4.9subdivision 11, paragraph (a), the referendum must be held on the first Tuesday after the
4.10first Monday in November. The ballot must state the maximum amount of the increased
4.11revenue per adjusted pupil unit. The ballot may state a schedule, determined by the board,
4.12of increased revenue per adjusted pupil unit that differs from year to year over the number
4.13of years for which the increased revenue is authorized or may state that the amount shall
4.14increase annually by the rate of inflation. For this purpose, the rate of inflation shall be the
4.15annual inflationary increase calculated under subdivision 2, paragraph (b). The ballot may
4.16state that existing referendum levy authority is expiring. In this case, the ballot may also
4.17compare the proposed levy authority to the existing expiring levy authority, and express
4.18the proposed increase as the amount, if any, over the expiring referendum levy authority.
4.19The ballot must designate the specific number of years, not to exceed ten, for which the
4.20referendum authorization applies. The ballot, including a ballot on the question to revoke
4.21or reduce the increased revenue amount under paragraph (c), must abbreviate the term
4.22"per adjusted pupil unit" as "per pupil." The notice required under section
4.23be modified to read, in cases of renewing existing levies at the same amount per pupil
4.24as in the previous year:
4.25"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING
4.26TO EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS
4.27SCHEDULED TO EXPIRE."
4.28 The ballot may contain a textual portion with the information required in this
4.29subdivision and a question stating substantially the following:
4.30 "Shall the increase in the revenue proposed by (petition to) the board of .........,
4.31School District No. .., be approved?"
4.32 If approved, an amount equal to the approved revenue per adjusted pupil unit times
4.33the adjusted pupil units for the school year beginning in the year after the levy is certified
4.34shall be authorized for certification for the number of years approved, if applicable, or
4.35until revoked or reduced by the voters of the district at a subsequent referendum.
5.1 (b) The board must prepare and deliver by
5.2no more than 30 days before the day of the referendum to each taxpayer a notice of the
5.3referendum and the proposed revenue increase. The board need not mail more than one
5.4notice to any taxpayer. For the purpose of giving mailed notice under this subdivision,
5.5owners must be those shown to be owners on the records of the county auditor or, in any
5.6county where tax statements are mailed by the county treasurer, on the records of the county
5.7treasurer. Every property owner whose name does not appear on the records of the county
5.8auditor or the county treasurer is deemed to have waived this mailed notice unless the
5.9owner has requested in writing that the county auditor or county treasurer, as the case may
5.10be, include the name on the records for this purpose. The notice must project the anticipated
5.11amount of tax increase in annual dollars for typical residential homesteads, agricultural
5.12homesteads, apartments, and commercial-industrial property within the school district.
5.13 The notice for a referendum may state that an existing referendum levy is expiring
5.14and project the anticipated amount of increase over the existing referendum levy in
5.15the first year, if any, in annual dollars for typical residential homesteads, agricultural
5.16homesteads, apartments, and commercial-industrial property within the district.
5.17 The notice must include the following statement: "Passage of this referendum will
5.18result in an increase in your property taxes." However, in cases of renewing existing levies,
5.19the notice may include the following statement: "Passage of this referendum extends an
5.20existing operating referendum at the same amount per pupil as in the previous year."
5.21 (c) A referendum on the question of revoking or reducing the increased revenue
5.22amount authorized pursuant to paragraph (a) may be called by the board. A referendum to
5.23revoke or reduce the revenue amount must state the amount per
5.24 adjusted pupil unit by which the authority is to be reduced. Revenue authority approved
5.25by the voters of the district pursuant to paragraph (a) must be available to the school
5.26district at least once before it is subject to a referendum on its revocation or reduction for
5.27subsequent years. Only one revocation or reduction referendum may be held to revoke or
5.28reduce referendum revenue for any specific year and for years thereafter.
5.29 (d) The approval of 50 percent plus one of those voting on the question is required to
5.30pass a referendum authorized by this subdivision.
5.31 (e) At least 15 days before the day of the referendum, the district must submit a
5.32copy of the notice required under paragraph (b) to the commissioner and to the county
5.33auditor of each county in which the district is located. Within 15 days after the results
5.34of the referendum have been certified by the board, or in the case of a recount, the
5.35certification of the results of the recount by the canvassing board, the district must notify
5.36the commissioner of the results of the referendum.
6.1EFFECTIVE DATE.This section is effective for notices mailed on or after July
6.21, 2014.
6.3 Sec. 7. REPEALER.
6.4Minnesota Statutes 2012, section 120A.40, is repealed.
6.5EFFECTIVE DATE.This section is effective the day following final enactment.
