HF 4998

03/19/26   REVISOR  CR/MG  26-08106
This Document can be made available
in alternative formats upon request  State of Minnesota
  HOUSE OF REPRESENTATIVES
  NINETY-FOURTH SESSION
  H. F. No.   4998
04/16/2026     Authored by Skraba
  The bill was read for the first time and referred to the Committee on Education Policy
1.1A bill for an act
1.2relating to education; authorizing the board of Koochiching County to divide
1.3Independent School District, No. 363, South Koochiching.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5Section 1. DIVISION OF SOUTH KOOCHICHING SCHOOL DISTRICT.
1.6Subdivision 1. Instituting proceedings. Proceedings to divide Independent School
1.7District No. 363, South Koochiching, under this section may be instituted by petition executed
1.8by at least ... percent of the eligible voters of the district proposed for division and addressed
1.9to the county board of Koochiching County.
1.10Subd. 2. Petition. (a) A petition executed pursuant to subdivision 1 must be filed with
1.11the auditor before July 1, 2027. If a petition is not timely filed, the county board must not
1.12institute proceedings to divide the district.
1.13(b) The petition must contain the following:
1.14(1) a statement that petitioners desire proceedings instituted leading to division of the
1.15district and other provisions made for the education of the inhabitants of the territory and
1.16that petitioners are eligible voters of the district;
1.17(2) an identification of the district; and
1.18(3) the reasons supporting the petition, which may include recommendations as to
1.19disposition of territory to be divided. The recommendations are advisory in nature only and
1.20are not binding on any petitioners or county board for any purpose.
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2.1      (c) The persons circulating the petition shall attach their affidavit swearing or affirming
2.2  that the persons executing the petition are eligible voters, as defined in Minnesota Statutes,
2.3  section 201.014, of the district and that they signed in the presence of one of the circulators.
2.4      (d) The auditor shall present the petition to the county board at its next meeting. At that
2.5  meeting, the county board must determine a date for a hearing. The hearing shall be not less
2.6  than 20 nor more than 60 days from the date of that meeting.
2.7      Subd. 3. Hearing; notice. The county auditor must give ten days' posted notice of the
2.8  hearing in the school district proposed for division, one week's published notice in the
2.9  county, and ten days' mailed notice to the clerk of the school district proposed for division
2.10 and to the commissioner of education.
2.11     Subd. 4. Order may be issued. (a) Within 90 days of the date set for the original hearing,
2.12 the county board may issue its order:
2.13     (1) dismissing the proceedings; or
2.14     (2) providing for the division of the district.
2.15     (b) If no order is issued within the limited time, the proceedings are dismissed.
2.16     Subd. 5. Order for division. (a) An order providing for division of the district must
2.17 contain the following:
2.18     (1) a statement that the district is to be divided;
2.19     (2) a description by words, plat, or both showing the disposition of territory in the district
2.20 to be divided;
2.21     (3) the outstanding bonded debt; outstanding energy loans made according to Minnesota
2.22 Statutes, section 216C.37, or Minnesota Statutes, sections 298.292 to 298.297; and the
2.23 capital loan obligation of the district to be divided;
2.24     (4) an effective date for the order. The effective date shall be July 1 of an odd-numbered
2.25 year unless the school board and the exclusive representative of the teachers in the school
2.26 district agree to an effective date of July 1 of an even-numbered year. The agreement must
2.27 be in writing and submitted to the commissioner; and
2.28     (5) other information the county board may desire to include.
2.29     (b) The county board must consult with the commissioner of education in preparing the
2.30 order. An order providing for division of the district must also be approved by the
2.31 commissioner of education.
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3.1      (c) The county auditor shall within ten days from its issuance serve a copy of the order
3.2  by mail upon the clerk of the district to be divided and upon the commissioner.
3.3      Subd. 6. School district approval of order. (a) Within 60 days following issuance of
3.4  an order for division, the board of the existing school district may, by resolution, approve
3.5  or disapprove the order. If the board adopts a resolution approving the order, the order
3.6  becomes final and effective as of the date specified in the order and no voter approval is
3.7  required.
3.8      (b) If the board does not adopt a resolution approving the order within the limited time,
3.9  or if the board adopts a resolution disapproving the order, the question on approval of the
3.10 order must be put to the voters under subdivision 7.
3.11     Subd. 7. Voter approval of order. (a) If the order for division requires voter approval
3.12 under the requirements of subdivision 6, the order must be approved by a majority of those
3.13 voting on the question at an election to be called in the district to be divided. The question
3.14 voted on shall be:
3.15     "Shall the order of the county board of ..... County dated ..... providing for the division
3.16 of this school district be approved?
3.17Yes ...................
3.18No .................... "
3.19     (b) If an election is required, then before the expiration of a 45-day period after the date
3.20 of the order for division, the auditor shall set a date and call the election by filing a written
3.21 order for the election and serving a copy of the order personally or by mail to the clerk of
3.22 the district in which the election is to be held. The special election shall be held in the district
3.23 proposed for division and must be held on a date authorized in Minnesota Statutes, section
3.24 205A.05, subdivision 1a. The auditor shall post and publish notice of the election according
3.25 to law. Upon receipt of the notice, the board shall conduct the election.
3.26     (c) The board must certify the results of the election to the auditor. If a majority of all
3.27 votes cast on the question at the election approve the order, the order becomes final and
3.28 effective as of the date specified in the order. Each person served with the order shall be so
3.29 notified. If a majority of all votes cast on the question disapprove the order, the proceedings
3.30 are dismissed, and the order becomes void.
3.31     Subd. 8. Assets and liabilities. (a) The commissioner of education shall, within 30 days
3.32 after the order is finally approved under subdivision 6 or 7, issue an order for the distribution
3.33 of the preexisting school district's current assets and liabilities, real and personal.
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4.1      (b) Title to all the real and personal property of the preexisting school district that is
4.2  located in the newly created independent school district must pass to the newly created
4.3  independent school district upon the effective date of the order.
4.4      Subd. 9. Bonded debt. As of the effective date of the order, all taxable property in the
4.5  newly created district is taxable for the payment of any bonded debt already incurred by
4.6  the preexisting district in the proportion which the net tax capacity of that part of the newly
4.7  created district bears to the net tax capacity of the entire preexisting district as of the time
4.8  of the division.
4.9      Subd. 10. School board elections; duties. (a) The county auditor shall determine a date,
4.10 not less than 30 nor more than 60 days from the date that the order setting the effective date
4.11 of the division was finally approved under subdivision 6 or 7, to hold a special election in
4.12 each of the divided districts for the purpose of electing a board of six members for terms
4.13 of four years and until a successor is elected and qualifies according to provisions of law
4.14 governing the election of board members in independent districts. Notwithstanding the
4.15 foregoing, three members of the first board must be elected to terms that expire on the first
4.16 Monday in January following the first regularly scheduled school district general election
4.17 that occurs more than six months after the election of the first board, and three members
4.18 must be elected to terms that expire on the first Monday in January following the second
4.19 school district general election that occurs more than six months after the election of the
4.20 first board.
4.21     (b) The county auditor shall give ten days' posted notice of election in the area in which
4.22 the election is to be held, and also if a newspaper is published in the district, one weeks'
4.23 published notice. The notice must specify the time, place, and purpose of the election.
4.24     (c) Any person desiring to be a candidate for a school election shall file an application
4.25 with the county auditor to have the applicant's name placed on the ballot for such office,
4.26 specifying the term for which the application is made. The application must be filed not
4.27 less than 21 days before the election.
4.28     (d) The county auditor shall prepare, at the expense of the county, necessary ballots for
4.29 the election of officers, placing the names of the proposed candidates for each office on the
4.30 ballots. The ballots must be marked and signed as official ballots and shall be used
4.31 exclusively at the election. The county auditor shall determine the number and boundaries
4.32 of voting precincts. The county auditor shall determine the location of polling places,
4.33 determine the hours the polls shall be open, and appoint three election judges for each polling
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5.1  place who shall act as clerks of election. Election judges shall certify ballots and results to
5.2  the county auditor for tabulation and canvass.
5.3      (e) After making a canvass and tabulation, the county auditor shall issue a certificate of
5.4  election to the candidate for each office who received the largest number of votes cast for
5.5  the office. The county auditor shall deliver the certificate to the person entitled to a certificate
5.6  by certified mail, and each person so certified shall file an acceptance and oath of office
5.7  with the county auditor within 30 days of the date of mailing the certificate. A person who
5.8  fails to qualify prior to the time specified shall be deemed to have refused to serve, but the
5.9  filing may be made at any time an action to fill a vacancy has been taken.
5.10     (f) The board of the existing district shall continue to maintain the schools within the
5.11 district until the effective date of the division.
5.12     (g) The newly elected board of each divided district has the immediate duty, after the
5.13 members have qualified and the board has been organized, to plan for the maintenance of
5.14 the school or schools of the district for the next school year, to enter into the necessary
5.15 negotiations and contracts for the employment of personnel, purchase of equipment and
5.16 supplies, and other acquisition and betterment purposes, when authorized by the voters to
5.17 issue bonds under the provisions of Minnesota Statutes, chapter 475. On the effective date
5.18 of the division, the newly elected board must assume the full duties of the care, management,
5.19 and control of the district. The board of the district must give due consideration to the
5.20 feasibility of maintaining the school or schools of the district and of establishing other
5.21 schools, especially in rural areas, as will afford equitable and efficient school administration
5.22 and assure the convenience and welfare of the pupils residing in the district.
5.23     Subd. 11. Teacher assignment. The school board and the exclusive representative of
5.24 teachers of the existing district may negotiate a plan for assigning teachers to each of the
5.25 divided districts.
5.26     Subd. 12. Nonlicensed employees. The school board and the exclusive representative
5.27 of the nonlicensed employees of the existing district may negotiate a plan for assigning
5.28 nonlicensed employees to each of the divided districts.
5.29     Subd. 13. Commissioner duties. (a) Notwithstanding Minnesota Statutes, section
5.30 126C.05, subdivision 3, or 126C.10, subdivision 3a, compensatory aid for each site in the
5.31 divided districts must be computed using data for the current fiscal year.
5.32     (b) The commissioner may calculate other aid amounts for each of the divided districts
5.33 on data for the current fiscal year as necessary and recalculate previously certified amounts
5.34 in the form and manner determined by the commissioner.
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6.1     EFFECTIVE DATE. This section is effective the day following final enactment.
      Section 1.  6