Koochiching County board authorized to divide Independent School District, No. 363, South Koochiching.

A bill for an act

relating to education; authorizing the board of Koochiching County to divide

Independent School District, No. 363, South Koochiching.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.
new text begin
DIVISION OF SOUTH KOOCHICHING SCHOOL DISTRICT.
new text end

new text begin

Subdivision 1.

new text end

new text begin

Instituting proceedings.

new text end

new text begin

Proceedings to divide Independent School

District No. 363, South Koochiching, under this section may be instituted by petition executed

by at least ... percent of the eligible voters of the district proposed for division and addressed

to the county board of Koochiching County.

new text end

new text begin

Subd. 2.

new text end

new text begin

Petition.

new text end

new text begin

(a) A petition executed pursuant to subdivision 1 must be filed with

the auditor before July 1, 2027. If a petition is not timely filed, the county board must not

institute proceedings to divide the district.

new text end

new text begin

(b) The petition must contain the following:

new text end

new text begin

(1) a statement that petitioners desire proceedings instituted leading to division of the

district and other provisions made for the education of the inhabitants of the territory and

that petitioners are eligible voters of the district;

new text end

new text begin

(2) an identification of the district; and

new text end

new text begin

(3) the reasons supporting the petition, which may include recommendations as to

disposition of territory to be divided. The recommendations are advisory in nature only and

are not binding on any petitioners or county board for any purpose.

new text end

new text begin

(c) The persons circulating the petition shall attach their affidavit swearing or affirming

that the persons executing the petition are eligible voters, as defined in Minnesota Statutes,

section 201.014, of the district and that they signed in the presence of one of the circulators.

new text end

new text begin

(d) The auditor shall present the petition to the county board at its next meeting. At that

meeting, the county board must determine a date for a hearing. The hearing shall be not less

than 20 nor more than 60 days from the date of that meeting.

new text end

new text begin

Subd. 3.

new text end

new text begin

Hearing; notice.

new text end

new text begin

The county auditor must give ten days' posted notice of the

hearing in the school district proposed for division, one week's published notice in the

county, and ten days' mailed notice to the clerk of the school district proposed for division

and to the commissioner of education.

new text end

new text begin

Subd. 4.

new text end

new text begin

Order may be issued.

new text end

new text begin

(a) Within 90 days of the date set for the original hearing,

the county board may issue its order:

new text end

new text begin

(1) dismissing the proceedings; or

new text end

new text begin

(2) providing for the division of the district.

new text end

new text begin

(b) If no order is issued within the limited time, the proceedings are dismissed.

new text end

new text begin

Subd. 5.

new text end

new text begin

Order for division.

new text end

new text begin

(a) An order providing for division of the district must

contain the following:

new text end

new text begin

(1) a statement that the district is to be divided;

new text end

new text begin

(2) a description by words, plat, or both showing the disposition of territory in the district

to be divided;

new text end

new text begin

(3) the outstanding bonded debt; outstanding energy loans made according to Minnesota

Statutes, section 216C.37, or Minnesota Statutes, sections 298.292 to 298.297; and the

capital loan obligation of the district to be divided;

new text end

new text begin

(4) an effective date for the order. The effective date shall be July 1 of an odd-numbered

year unless the school board and the exclusive representative of the teachers in the school

district agree to an effective date of July 1 of an even-numbered year. The agreement must

be in writing and submitted to the commissioner; and

new text end

new text begin

(5) other information the county board may desire to include.

new text end

new text begin

(b) The county board must consult with the commissioner of education in preparing the

order. An order providing for division of the district must also be approved by the

commissioner of education.

new text end

new text begin

(c) The county auditor shall within ten days from its issuance serve a copy of the order

by mail upon the clerk of the district to be divided and upon the commissioner.

new text end

new text begin

Subd. 6.

new text end

new text begin

School district approval of order.

new text end

new text begin

(a) Within 60 days following issuance of

an order for division, the board of the existing school district may, by resolution, approve

or disapprove the order. If the board adopts a resolution approving the order, the order

becomes final and effective as of the date specified in the order and no voter approval is

required.

new text end

new text begin

(b) If the board does not adopt a resolution approving the order within the limited time,

or if the board adopts a resolution disapproving the order, the question on approval of the

order must be put to the voters under subdivision 7.

new text end

new text begin

Subd. 7.

new text end

new text begin

Voter approval of order.

new text end

new text begin

(a) If the order for division requires voter approval

under the requirements of subdivision 6, the order must be approved by a majority of those

voting on the question at an election to be called in the district to be divided. The question

voted on shall be:

new text end

new text begin

"Shall the order of the county board of ..... County dated ..... providing for the division

of this school district be approved?

new text end

new text begin

Yes

.

new text end

new text begin

No

.

new text end

new text begin

"

new text end

new text begin

(b) If an election is required, then before the expiration of a 45-day period after the date

of the order for division, the auditor shall set a date and call the election by filing a written

order for the election and serving a copy of the order personally or by mail to the clerk of

the district in which the election is to be held. The special election shall be held in the district

proposed for division and must be held on a date authorized in Minnesota Statutes, section

205A.05, subdivision 1a. The auditor shall post and publish notice of the election according

to law. Upon receipt of the notice, the board shall conduct the election.

new text end

new text begin

(c) The board must certify the results of the election to the auditor. If a majority of all

votes cast on the question at the election approve the order, the order becomes final and

effective as of the date specified in the order. Each person served with the order shall be so

notified. If a majority of all votes cast on the question disapprove the order, the proceedings

are dismissed, and the order becomes void.

new text end

new text begin

Subd. 8.

new text end

new text begin

Assets and liabilities.

new text end

new text begin

(a) The commissioner of education shall, within 30 days

after the order is finally approved under subdivision 6 or 7, issue an order for the distribution

of the preexisting school district's current assets and liabilities, real and personal.

new text end

new text begin

(b) Title to all the real and personal property of the preexisting school district that is

located in the newly created independent school district must pass to the newly created

independent school district upon the effective date of the order.

new text end

new text begin

Subd. 9.

new text end

new text begin

Bonded debt.

new text end

new text begin

As of the effective date of the order, all taxable property in the

newly created district is taxable for the payment of any bonded debt already incurred by

the preexisting district in the proportion which the net tax capacity of that part of the newly

created district bears to the net tax capacity of the entire preexisting district as of the time

of the division.

new text end

new text begin

Subd. 10.

new text end

new text begin

School board elections; duties.

new text end

new text begin

(a) The county auditor shall determine a date,

not less than 30 nor more than 60 days from the date that the order setting the effective date

of the division was finally approved under subdivision 6 or 7, to hold a special election in

each of the divided districts for the purpose of electing a board of six members for terms

of four years and until a successor is elected and qualifies according to provisions of law

governing the election of board members in independent districts. Notwithstanding the

foregoing, three members of the first board must be elected to terms that expire on the first

Monday in January following the first regularly scheduled school district general election

that occurs more than six months after the election of the first board, and three members

must be elected to terms that expire on the first Monday in January following the second

school district general election that occurs more than six months after the election of the

first board.

new text end

new text begin

(b) The county auditor shall give ten days' posted notice of election in the area in which

the election is to be held, and also if a newspaper is published in the district, one weeks'

published notice. The notice must specify the time, place, and purpose of the election.

new text end

new text begin

(c) Any person desiring to be a candidate for a school election shall file an application

with the county auditor to have the applicant's name placed on the ballot for such office,

specifying the term for which the application is made. The application must be filed not

less than 21 days before the election.

new text end

new text begin

(d) The county auditor shall prepare, at the expense of the county, necessary ballots for

the election of officers, placing the names of the proposed candidates for each office on the

ballots. The ballots must be marked and signed as official ballots and shall be used

exclusively at the election. The county auditor shall determine the number and boundaries

of voting precincts. The county auditor shall determine the location of polling places,

determine the hours the polls shall be open, and appoint three election judges for each polling

place who shall act as clerks of election. Election judges shall certify ballots and results to

the county auditor for tabulation and canvass.

new text end

new text begin

(e) After making a canvass and tabulation, the county auditor shall issue a certificate of

election to the candidate for each office who received the largest number of votes cast for

the office. The county auditor shall deliver the certificate to the person entitled to a certificate

by certified mail, and each person so certified shall file an acceptance and oath of office

with the county auditor within 30 days of the date of mailing the certificate. A person who

fails to qualify prior to the time specified shall be deemed to have refused to serve, but the

filing may be made at any time an action to fill a vacancy has been taken.

new text end

new text begin

(f) The board of the existing district shall continue to maintain the schools within the

district until the effective date of the division.

new text end

new text begin

(g) The newly elected board of each divided district has the immediate duty, after the

members have qualified and the board has been organized, to plan for the maintenance of

the school or schools of the district for the next school year, to enter into the necessary

negotiations and contracts for the employment of personnel, purchase of equipment and

supplies, and other acquisition and betterment purposes, when authorized by the voters to

issue bonds under the provisions of Minnesota Statutes, chapter 475. On the effective date

of the division, the newly elected board must assume the full duties of the care, management,

and control of the district. The board of the district must give due consideration to the

feasibility of maintaining the school or schools of the district and of establishing other

schools, especially in rural areas, as will afford equitable and efficient school administration

and assure the convenience and welfare of the pupils residing in the district.

new text end

new text begin

Subd. 11.

new text end

new text begin

Teacher assignment.

new text end

new text begin

The school board and the exclusive representative of

teachers of the existing district may negotiate a plan for assigning teachers to each of the

divided districts.

new text end

new text begin

Subd. 12.

new text end

new text begin

Nonlicensed employees.

new text end

new text begin

The school board and the exclusive representative

of the nonlicensed employees of the existing district may negotiate a plan for assigning

nonlicensed employees to each of the divided districts.

new text end

new text begin

Subd. 13.

new text end

new text begin

Commissioner duties.

new text end

new text begin

(a) Notwithstanding Minnesota Statutes, section

126C.05, subdivision 3, or 126C.10, subdivision 3a, compensatory aid for each site in the

divided districts must be computed using data for the current fiscal year.

new text end

new text begin

(b) The commissioner may calculate other aid amounts for each of the divided districts

on data for the current fiscal year as necessary and recalculate previously certified amounts

in the form and manner determined by the commissioner.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end