download 123b

Product description



　　123B.09 Boards of independent school districts.

　　Subdivision 1. School board membership. The care,

　　management, and control of independent districts is vested in a

　　board of directors, to be known as the school board. The term

　　of office of a member shall be four years commencing on the

　　first Monday in January and until a successor qualifies. The

　　membership of the board shall consist of six elected directors

　　together with such ex officio member as may be provided by law.

　　The board may submit to the electors at any school election the

　　question whether the board shall consist of seven members. If a

　　majority of those voting on the proposition favor a seven-member

　　board, a seventh member shall be elected at the next election of

　　directors for a four-year term and thereafter the board shall

　　consist of seven members.

　　Those districts with a seven-member board may submit to the

　　electors at any school election at least 150 days before the

　　next election of three members of the board the question whether

　　the board shall consist of six members. If a majority of those

　　voting on the proposition favor a six-member board instead of a

　　seven-member board, two members instead of three members shall

　　be elected at the next election of the board of directors and

　　thereafter the board shall consist of six members.

　　Subd. 1a. Sex offender school board ineligibility. A

　　sex offender who has been convicted of an offense for which

　　registration under section 243.166 is required is ineligible to

　　become a candidate for the office of school board member, as

　　defined in subdivision 1. Ineligibility is determined by the

　　registration requirements in effect at the time the offender

　　files for office, not by the registration requirements, if any,

　　that were in effect at the time the offender was convicted.

　　Subd. 2. School board member training. A member

　　shall receive training in school finance and management

　　developed in consultation with the Minnesota school boards

　　association and consistent with section 127A.19. The school

　　boards association must make available to each newly elected

　　school board member training in school finance and management

　　consistent with section 127A.19 within 180 days of that member

　　taking office. The program shall be developed in consultation

　　with the department and appropriate representatives of higher

　　education.

　　Subd. 3. Causes for school board member vacancy. A

　　vacancy in any board occurs when a member (a) dies, (b) resigns,

　　(c) ceases to be a resident of the district, or (d) is unable to

　　serve on such board and attend its meetings for not less than 90

　　days because of illness or prolonged absence from the district.

　　Subd. 4. Ill or absent member. A vacancy caused by a

　　member being unable to serve on such board and attend its

　　meetings for not less than 90 days because of illness or

　　prolonged absence from the district, may, after the board has by

　　resolution declared such vacancy to exist, be filled by the

　　board at any regular or special meeting thereof for the

　　remainder of the unexpired term, or until such ill or absent

　　member is again able to resume duties as a member of such board,

　　whichever date is earliest. When the ill or absent member is

　　able to resume duties as a member of the board, the board must

　　by resolution so determine and declare such person to be again a

　　member of the board, and the member appointed by the board to be

　　no longer a member thereof.

　　Subd. 5. Appointments to fill vacancies. Any other

　　vacancy in a board must be filled by board appointment at a

　　regular or special meeting. The appointment shall be evidenced

　　by a resolution entered in the minutes and shall continue until

　　an election is held under this subdivision. All elections to

　　fill vacancies shall be for the unexpired term. If the vacancy

　　occurs before the first day to file affidavits of candidacy for

　　the next school district general election and more than two

　　years remain in the unexpired term, a special election shall be

　　held in conjunction with the school district general election.

　　The appointed person shall serve until the qualification of the

　　successor elected to fill the unexpired part of the term at that

　　special election. If the vacancy occurs on or after the first

　　day to file affidavits of candidacy for the school district

　　general election, or when less than two years remain in the

　　unexpired term, there shall be no special election to fill the

　　vacancy and the appointed person shall serve the remainder of

　　the unexpired term and until a successor is elected and

　　qualifies at the school district election.

　　Subd. 6. Meetings. A majority of the voting members

　　of the board shall constitute a quorum. No contract shall be

　　made or authorized, except at a regular meeting of the board or

　　at a special meeting at which all members are present or of

　　which all members have had notice. Special meetings may be

　　called by the chair or clerk or any three members upon notice

　　mailed to each member at least three days prior thereto.

　　Subd. 7. Policy making. The board shall make, and

　　when deemed advisable, change or repeal rules relating to the

　　organization and management of the board and the duties of its

　　officers.

　　Subd. 8. Duties. The board must superintend and

　　manage the schools of the district; adopt rules for their

　　organization, government, and instruction; keep registers; and

　　prescribe textbooks and courses of study. The board may enter

　　into an agreement with a post-secondary institution for

　　secondary or post-secondary nonsectarian courses to be taught at

　　a secondary school, nonsectarian post-secondary institution, or

　　another location.

　　Subd. 9. Removing board members. The board may

　　remove, for proper cause, any member or officer of the board and

　　fill the vacancy; but such removal must be by a concurrent vote

　　of at least four members, at a meeting of whose time, place, and

　　object the charged member has been duly notified, with the

　　reasons for such proposed removal and after an opportunity to be

　　heard in defense against the removal.

　　Subd. 10. Publishing proceedings. The board must

　　cause its official proceedings to be published once in the

　　official newspaper of the district. Such publication shall be

　　made within 30 days of the meeting at which such proceedings

　　occurred. If the board determines that publication of a summary

　　of the proceedings would adequately inform the public of the

　　substance of the proceedings, the board may direct that only a

　　summary be published, conforming to the requirements of section

　　331A.01, subdivision 10.

　　Subd. 11. Mailing summary of proceedings. If a board

　　of a district that has no newspaper with its known office of

　　issue or a secondary office located within the boundaries of the

　　district and no newspaper that is distributed to more than

　　one-third of the residences in the district determines that

　　mailing a summary of its proceedings would be more economical

　　than publication of the proceedings and that it would adequately

　　inform the public, it may mail a summary of its proceedings to

　　each residence in the district that can be identified as a

　　homestead from the property tax records and to each other

　　residence in the district that the board can identify. The

　　county must make the property tax records available to the board

　　for this purpose. The board must keep a copy of the summary of

　　the proceedings as part of its records. The decision of a board

　　to mail summaries, rather than publish the proceedings under

　　this subdivision shall be presumed valid, subject to challenge

　　by a court action.

　　Subd. 12. Board to fix compensation. The clerk,

　　treasurer, and superintendent of any district shall receive such

　　compensation as may be fixed by the board. Unless otherwise

　　provided by law, the other members of the board shall also

　　receive such compensation as may be fixed by the board. All

　　members of the board may receive reimbursement for

　　transportation at the rate provided for in section 471.665.

　　HIST: Ex1959 c 71 art 4 s 15; 1965 c 434 s 1; 1967 c 176 s 2;

　　1967 c 713 s 1; 1973 c 263 s 1,2; 1973 c 690 s 1; 1974 c 82 s

　　1,2; 1975 c 162 s 24; 1983 c 314 art 7 s 16,17; 1984 c 543 s 6;

　　1985 c 122 s 1; 1986 c 444; 1987 c 42 s 1; 1987 c 266 art 2 s 9;

　　1989 c 329 art 9 s 7; 1990 c 562 art 7 s 3; art 8 s 20; 1992 c

　　499 art 9 s 2; 1993 c 224 art 7 s 6; 1993 c 374 s 17; 1994 c 646

　　s 2; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 6 s 45-53,124; art

　　11 s 3; 1999 c 101 s 1; 2000 c 467 s 4