Bill Text: MN SF1620 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Unfunded education mandates prohibition
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2013-04-19 - Referred to Education [SF1620 Detail]
Download: Minnesota-2013-SF1620-Introduced.html
1.2relating to education finance; prohibiting unfunded mandates;proposing coding
1.3for new law in Minnesota Statutes, chapter 126C.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [126C.24] UNFUNDED MANDATES PROHIBITED.
1.6(a) No school district, charter school, or private school is obligated to comply with
1.7the following types of mandates unless a separate appropriation has been enacted into law
1.8providing full funding for the mandate for the school year during which the mandate is
1.9required:
1.10(1) any mandate enacted into law by the Minnesota legislature after the effective
1.11date of this section except as provided in paragraph (d); and
1.12(2) any regulatory mandate promulgated by the commissioner of education or the
1.13Board of Teaching and adopted by rule after the effective date of this section other than
1.14those promulgated with respect to this section or laws already enacted on or before the
1.15effective date of this section.
1.16(b) If the amount appropriated to fund a mandate described in paragraph (a) does
1.17not fully fund the mandated activity, then the school district, charter school, or private
1.18school may choose to discontinue or modify the mandated activity to ensure that the costs
1.19of compliance do not exceed the funding received under the procedure in paragraph (c). If
1.20a school district, charter school, or private school discontinues or modifies a mandated
1.21activity due to lack of full funding from the state, then the school district, charter school,
1.22or private school shall annually maintain and update a list of discontinued or modified
1.23mandated activities. The list shall be provided to the commissioner of education upon
1.24request.
2.1(c) Before discontinuing or modifying the mandate, the school district or charter
2.2school shall petition the commissioner on or before February 15 of each year to request to
2.3be exempt from implementing the mandate in a school or schools in the next school year.
2.4The petition shall include all legitimate costs associated with implementing and operating
2.5the mandate, the estimated reimbursement from state and federal sources, and any unique
2.6circumstances the school district or charter school can verify that exist that would
2.7cause the implementation and operation of such a mandate to be cost prohibitive. The
2.8commissioner shall review the petition. In accordance with the open meetings law under
2.9chapter 13D, the commissioner shall convene a public hearing to hear testimony from the
2.10school district or charter school and interested community members. The commissioner
2.11shall, on or before March 15 of each year, inform the school district or charter school of
2.12the commissioner's decision, along with the reasons why the exemption was granted or
2.13denied, in writing. If the commissioner grants an exemption to the school district or
2.14charter school, then the school district or charter school is relieved from the requirement
2.15to establish and implement the mandate in the school or schools granted an exemption for
2.16the next school year. If the commissioner does not grant an exemption, then the school
2.17district or charter school shall implement the mandate in accordance with the applicable
2.18law or rule by the first student attendance day of the next school year.
2.19(d) This section does not apply to:
2.20(1) any new statutory or regulatory mandates related to revised learning standards
2.21under sections 120B.02 to 120B.024;
2.22(2) new statutory or regulatory mandates required under federal law including
2.23mandates implementing the waiver from the Elementary and Secondary Education Act; or
2.24(3) new statutory or regulatory mandates implementing judicially created mandates
2.25as certified by the attorney general.
2.26EFFECTIVE DATE.This section is effective the day following final enactment.
1.3for new law in Minnesota Statutes, chapter 126C.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [126C.24] UNFUNDED MANDATES PROHIBITED.
1.6(a) No school district, charter school, or private school is obligated to comply with
1.7the following types of mandates unless a separate appropriation has been enacted into law
1.8providing full funding for the mandate for the school year during which the mandate is
1.9required:
1.10(1) any mandate enacted into law by the Minnesota legislature after the effective
1.11date of this section except as provided in paragraph (d); and
1.12(2) any regulatory mandate promulgated by the commissioner of education or the
1.13Board of Teaching and adopted by rule after the effective date of this section other than
1.14those promulgated with respect to this section or laws already enacted on or before the
1.15effective date of this section.
1.16(b) If the amount appropriated to fund a mandate described in paragraph (a) does
1.17not fully fund the mandated activity, then the school district, charter school, or private
1.18school may choose to discontinue or modify the mandated activity to ensure that the costs
1.19of compliance do not exceed the funding received under the procedure in paragraph (c). If
1.20a school district, charter school, or private school discontinues or modifies a mandated
1.21activity due to lack of full funding from the state, then the school district, charter school,
1.22or private school shall annually maintain and update a list of discontinued or modified
1.23mandated activities. The list shall be provided to the commissioner of education upon
1.24request.
2.1(c) Before discontinuing or modifying the mandate, the school district or charter
2.2school shall petition the commissioner on or before February 15 of each year to request to
2.3be exempt from implementing the mandate in a school or schools in the next school year.
2.4The petition shall include all legitimate costs associated with implementing and operating
2.5the mandate, the estimated reimbursement from state and federal sources, and any unique
2.6circumstances the school district or charter school can verify that exist that would
2.7cause the implementation and operation of such a mandate to be cost prohibitive. The
2.8commissioner shall review the petition. In accordance with the open meetings law under
2.9chapter 13D, the commissioner shall convene a public hearing to hear testimony from the
2.10school district or charter school and interested community members. The commissioner
2.11shall, on or before March 15 of each year, inform the school district or charter school of
2.12the commissioner's decision, along with the reasons why the exemption was granted or
2.13denied, in writing. If the commissioner grants an exemption to the school district or
2.14charter school, then the school district or charter school is relieved from the requirement
2.15to establish and implement the mandate in the school or schools granted an exemption for
2.16the next school year. If the commissioner does not grant an exemption, then the school
2.17district or charter school shall implement the mandate in accordance with the applicable
2.18law or rule by the first student attendance day of the next school year.
2.19(d) This section does not apply to:
2.20(1) any new statutory or regulatory mandates related to revised learning standards
2.21under sections 120B.02 to 120B.024;
2.22(2) new statutory or regulatory mandates required under federal law including
2.23mandates implementing the waiver from the Elementary and Secondary Education Act; or
2.24(3) new statutory or regulatory mandates implementing judicially created mandates
2.25as certified by the attorney general.
2.26EFFECTIVE DATE.This section is effective the day following final enactment.
