Bill Text: MN HF2846 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Technology and educational service innovative partnership authorized.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-03-06 - Introduction and first reading, referred to Education Policy [HF2846 Detail]
Download: Minnesota-2013-HF2846-Introduced.html
1.2relating to education; authorizing an innovative partnership to deliver certain
1.3technology and educational services;proposing coding for new law in Minnesota
1.4Statutes, chapter 123A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [123A.215] INNOVATIVE TECHNOLOGY COOPERATIVE.
1.7 Subdivision 1. Establishment and organization. (a) Two or more independent
1.8school districts may enter into an agreement to establish an innovative cooperative center
1.9to provide for technology and other educational services upon the vote of a majority of the
1.10full membership of each of the boards of the districts entering into the agreement. The
1.11agreement may also provide for membership by a Minnesota state college or university
1.12under section 136F.01. When a resolution approving this action has been adopted by
1.13the board of a district, the resolution shall be published once in a newspaper of general
1.14circulation in the district.
1.15(b) The agreement may provide for the center to be organized into up to four regions.
1.16A region may consist of only school districts, only higher education institutions, or a
1.17combination of both.
1.18 Subd. 2. Name. A public corporation so created shall be known as ....(insert
1.19name).... Cooperative Center No. ..... and shall have an identification number assigned
1.20according to section 123A.56.
1.21 Subd. 3. Governing board. (a) The center must be operated by a center board
1.22consisting of 12 members. Membership on the center board must be established under
1.23the agreement in subdivision 1, paragraph (a), consistent with the requirements of this
1.24paragraph. If organized into regions, each region shall have equal representation on the
2.1center board. No more than four board members of the center board may represent higher
2.2education institutions. Center board membership for individual school districts or a region
2.3including school districts must include one superintendent with the remaining school
2.4district positions filled by school board members. When possible, no school district may
2.5have more than one representative.
2.6(b) The terms of office of the first members of the center board must be determined
2.7by lot as follows: one-third of the members for one year, one-third of the members for two
2.8years, and the remainder of the members for three years, all terms to expire on June 30 of
2.9the appropriate year. Thereafter the terms shall be for three years commencing on July 1
2.10of each year. If a vacancy occurs on the center board, it must be filled by the district, by
2.11the members of the appropriate region, or by the higher education members, within 90
2.12days. A person appointed to the center board shall qualify as a center board member by
2.13filing with the chair a written certificate of appointment from the appointing school board.
2.14(c) The first meeting of a center board must be at a time mutually agreed upon by
2.15center board members. At this meeting, the center board must choose its officers and
2.16conduct any other necessary organizational business. Thereafter, the center board must
2.17meet on July 1 of each year or as soon thereafter as practicable pursuant to notice sent to
2.18all center board members by the chief executive officer of the center.
2.19(d) The officers of the center board shall be a chair, vice-chair, clerk, and treasurer,
2.20no two of whom when possible shall be from the same school district. The chair shall
2.21preside at all meetings of the center board, except that in the chair's absence the vice-chair
2.22shall preside. The clerk shall keep a complete record of the minutes of each meeting
2.23and the treasurer shall be the custodian of the funds of the center. Insofar as applicable,
2.24sections 123B.09, 123B.14, 123B.143, and 123B.147, shall apply to the board and officers
2.25of the center.
2.26(e) A majority of the center board shall be a quorum. Any motion other than
2.27adjournment shall pass only upon receiving a majority of the votes of the entire center
2.28board.
2.29 Subd. 4. Center powers and duties. (a) The center board shall have the general
2.30charge of the business of the center. Where applicable, sections 123B.51 and 123B.52,
2.31subdivision 4, shall apply. The center board may not issue bonds on its behalf.
2.32(b) The center board may furnish technology offerings to any eligible person residing
2.33in any participating district and may provide any other educational programs or services
2.34agreed upon by the participating members. Academic offerings shall be provided only
2.35under the direction of properly licensed academic supervisory personnel.
3.1(c) The center board must employ an executive director, contract with necessary
3.2qualified teachers and administrators, and may discharge the same for cause pursuant to
3.3section 122A.40. The authority for selection and employment of a director shall be vested
3.4in the center board. Notwithstanding the provisions of section 122A.40, subdivision 10 or
3.511, no individual shall have a right to employment as a director based on seniority or order
3.6of employment by the center. The center board may employ and discharge other necessary
3.7employees and may contract for other services deemed necessary.
3.8(d) The center board may prescribe rates of tuition for services provided to
3.9nonmember students.
3.10 Subd. 5. Finances. (a) The center board established under this section is a public
3.11corporation and agency and may receive and disburse federal, state, and local funds made
3.12available to it. A participating school district or member must not have any additional
3.13individual liability for the debts or obligations of the center except that assessment
3.14which has been certified as its proportionate share in accordance with paragraph (b) and
3.15subdivision 4. A member of the center board shall have the liability that is applicable to a
3.16member of an independent school district board. Any property, real or personal, acquired
3.17or owned by the center board for its purposes shall be exempt from taxation by the state or
3.18any of its political subdivisions.
3.19(b) The center board may, in each year, for the purpose of paying any administrative,
3.20planning, operating, or capital expenses incurred or to be incurred, assess and certify
3.21to each participating school district its proportionate share of any and all expenses.
3.22This share must be based upon an equitable distribution formula agreed upon by the
3.23participating districts. Each participating district shall remit its assessment to the center
3.24board within 30 days after receipt.
3.25 Subd. 6. Laws governing independent school districts apply. As of the effective
3.26date of the creation of any center as contained in the agreement establishing the center,
3.27the organization, operation, maintenance, and conduct of the affairs of the center shall be
3.28governed by the general laws relating to independent school districts of the state unless
3.29provided otherwise in statute. The center does not have the authority to issue bonds or
3.30impose a property tax levy.
3.31 Subd. 7. Addition and withdrawal of districts. Upon approval by majority vote of
3.32a school board and of the center board, an adjoining district may become a member in
3.33the center and be governed by the provisions of this section and the agreement in effect.
3.34Any participating district may withdraw from the center and from the agreement in effect
3.35by a majority vote of the full board membership of the participating district desiring
3.36withdrawal and upon compliance with provisions in the agreement establishing the center.
4.1Upon receipt of the withdrawal resolution reciting the necessary facts, the center board
4.2must file a certified copy with the county auditors of the counties affected. The withdrawal
4.3shall become effective at the end of the next following school year, but the withdrawal
4.4shall not affect the continued liability of the withdrawing district for liabilities incurred
4.5prior to the effective withdrawal date.
4.6 Subd. 8. Dissolution. The boards of each participating district may agree to dissolve
4.7the center effective at the end of any school year or at an earlier time as they may mutually
4.8agree. A dissolution must be accomplished in accordance with any applicable provisions
4.9of the agreement establishing the center. Upon receipt of the dissolution resolutions from
4.10the boards of the participating districts, the center board shall file a certified copy with the
4.11county auditors of the counties affected. The dissolution must not affect the continuing
4.12liability of the previously participating districts for any continuing obligations, including
4.13unemployment benefits.
4.14EFFECTIVE DATE.This section is effective July 1, 2014.
1.3technology and educational services;proposing coding for new law in Minnesota
1.4Statutes, chapter 123A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [123A.215] INNOVATIVE TECHNOLOGY COOPERATIVE.
1.7 Subdivision 1. Establishment and organization. (a) Two or more independent
1.8school districts may enter into an agreement to establish an innovative cooperative center
1.9to provide for technology and other educational services upon the vote of a majority of the
1.10full membership of each of the boards of the districts entering into the agreement. The
1.11agreement may also provide for membership by a Minnesota state college or university
1.12under section 136F.01. When a resolution approving this action has been adopted by
1.13the board of a district, the resolution shall be published once in a newspaper of general
1.14circulation in the district.
1.15(b) The agreement may provide for the center to be organized into up to four regions.
1.16A region may consist of only school districts, only higher education institutions, or a
1.17combination of both.
1.18 Subd. 2. Name. A public corporation so created shall be known as ....(insert
1.19name).... Cooperative Center No. ..... and shall have an identification number assigned
1.20according to section 123A.56.
1.21 Subd. 3. Governing board. (a) The center must be operated by a center board
1.22consisting of 12 members. Membership on the center board must be established under
1.23the agreement in subdivision 1, paragraph (a), consistent with the requirements of this
1.24paragraph. If organized into regions, each region shall have equal representation on the
2.1center board. No more than four board members of the center board may represent higher
2.2education institutions. Center board membership for individual school districts or a region
2.3including school districts must include one superintendent with the remaining school
2.4district positions filled by school board members. When possible, no school district may
2.5have more than one representative.
2.6(b) The terms of office of the first members of the center board must be determined
2.7by lot as follows: one-third of the members for one year, one-third of the members for two
2.8years, and the remainder of the members for three years, all terms to expire on June 30 of
2.9the appropriate year. Thereafter the terms shall be for three years commencing on July 1
2.10of each year. If a vacancy occurs on the center board, it must be filled by the district, by
2.11the members of the appropriate region, or by the higher education members, within 90
2.12days. A person appointed to the center board shall qualify as a center board member by
2.13filing with the chair a written certificate of appointment from the appointing school board.
2.14(c) The first meeting of a center board must be at a time mutually agreed upon by
2.15center board members. At this meeting, the center board must choose its officers and
2.16conduct any other necessary organizational business. Thereafter, the center board must
2.17meet on July 1 of each year or as soon thereafter as practicable pursuant to notice sent to
2.18all center board members by the chief executive officer of the center.
2.19(d) The officers of the center board shall be a chair, vice-chair, clerk, and treasurer,
2.20no two of whom when possible shall be from the same school district. The chair shall
2.21preside at all meetings of the center board, except that in the chair's absence the vice-chair
2.22shall preside. The clerk shall keep a complete record of the minutes of each meeting
2.23and the treasurer shall be the custodian of the funds of the center. Insofar as applicable,
2.24sections 123B.09, 123B.14, 123B.143, and 123B.147, shall apply to the board and officers
2.25of the center.
2.26(e) A majority of the center board shall be a quorum. Any motion other than
2.27adjournment shall pass only upon receiving a majority of the votes of the entire center
2.28board.
2.29 Subd. 4. Center powers and duties. (a) The center board shall have the general
2.30charge of the business of the center. Where applicable, sections 123B.51 and 123B.52,
2.31subdivision 4, shall apply. The center board may not issue bonds on its behalf.
2.32(b) The center board may furnish technology offerings to any eligible person residing
2.33in any participating district and may provide any other educational programs or services
2.34agreed upon by the participating members. Academic offerings shall be provided only
2.35under the direction of properly licensed academic supervisory personnel.
3.1(c) The center board must employ an executive director, contract with necessary
3.2qualified teachers and administrators, and may discharge the same for cause pursuant to
3.3section 122A.40. The authority for selection and employment of a director shall be vested
3.4in the center board. Notwithstanding the provisions of section 122A.40, subdivision 10 or
3.511, no individual shall have a right to employment as a director based on seniority or order
3.6of employment by the center. The center board may employ and discharge other necessary
3.7employees and may contract for other services deemed necessary.
3.8(d) The center board may prescribe rates of tuition for services provided to
3.9nonmember students.
3.10 Subd. 5. Finances. (a) The center board established under this section is a public
3.11corporation and agency and may receive and disburse federal, state, and local funds made
3.12available to it. A participating school district or member must not have any additional
3.13individual liability for the debts or obligations of the center except that assessment
3.14which has been certified as its proportionate share in accordance with paragraph (b) and
3.15subdivision 4. A member of the center board shall have the liability that is applicable to a
3.16member of an independent school district board. Any property, real or personal, acquired
3.17or owned by the center board for its purposes shall be exempt from taxation by the state or
3.18any of its political subdivisions.
3.19(b) The center board may, in each year, for the purpose of paying any administrative,
3.20planning, operating, or capital expenses incurred or to be incurred, assess and certify
3.21to each participating school district its proportionate share of any and all expenses.
3.22This share must be based upon an equitable distribution formula agreed upon by the
3.23participating districts. Each participating district shall remit its assessment to the center
3.24board within 30 days after receipt.
3.25 Subd. 6. Laws governing independent school districts apply. As of the effective
3.26date of the creation of any center as contained in the agreement establishing the center,
3.27the organization, operation, maintenance, and conduct of the affairs of the center shall be
3.28governed by the general laws relating to independent school districts of the state unless
3.29provided otherwise in statute. The center does not have the authority to issue bonds or
3.30impose a property tax levy.
3.31 Subd. 7. Addition and withdrawal of districts. Upon approval by majority vote of
3.32a school board and of the center board, an adjoining district may become a member in
3.33the center and be governed by the provisions of this section and the agreement in effect.
3.34Any participating district may withdraw from the center and from the agreement in effect
3.35by a majority vote of the full board membership of the participating district desiring
3.36withdrawal and upon compliance with provisions in the agreement establishing the center.
4.1Upon receipt of the withdrawal resolution reciting the necessary facts, the center board
4.2must file a certified copy with the county auditors of the counties affected. The withdrawal
4.3shall become effective at the end of the next following school year, but the withdrawal
4.4shall not affect the continued liability of the withdrawing district for liabilities incurred
4.5prior to the effective withdrawal date.
4.6 Subd. 8. Dissolution. The boards of each participating district may agree to dissolve
4.7the center effective at the end of any school year or at an earlier time as they may mutually
4.8agree. A dissolution must be accomplished in accordance with any applicable provisions
4.9of the agreement establishing the center. Upon receipt of the dissolution resolutions from
4.10the boards of the participating districts, the center board shall file a certified copy with the
4.11county auditors of the counties affected. The dissolution must not affect the continuing
4.12liability of the previously participating districts for any continuing obligations, including
4.13unemployment benefits.
4.14EFFECTIVE DATE.This section is effective July 1, 2014.
