Subdivision 1. Commissioner approval. (a) In determining whether to give a school facility a positive, negative, or unfavorable review and comment, the commissioner must evaluate the proposals for facilities using the information provided under section 123B.71, subdivision 9.
(b) In the case of a proposal for a new school, the local school board retains the authority to determine the minimum acreage needed to accommodate the school and related facilities. The commissioner may evaluate the proposals but must not issue a negative or unfavorable review and comment under this section for a school facility solely based on too little acreage of the proposed school site.
(c) In the case of a proposal to renovate an existing school, the local school board retains the authority to determine whether to renovate an existing school or to build a new school regardless of the acreage of the current school site or the cost of the renovation relative to the cost of building a new school. The commissioner's evaluation of whether to replace a facility must not be solely based upon the ratio of renovation costs to replacement costs.
Subd. 2. Positive review and comment. If the commissioner submits a positive review and comment for a proposal according to section 123B.71, the school board may proceed with the construction according to the requirements of applicable laws.
Subd. 3. Negative review and comment. (a) If the commissioner submits a negative review and comment for a proposal according to section 123B.71, the following steps must be taken:
(1) the commissioner must notify the school board of the proposed negative review and comment and schedule a public meeting within 60 days of the notification within that school district to discuss the proposed negative review and comment on the school facility; and
(2) the school board shall appoint an advisory task force of up to five members to advise the school board and the commissioner on the advantages, disadvantages, and alternatives to the proposed facility at the public meeting. One member of the advisory task force must also be a member of the county facilities group.
(b) After attending the public meeting, the commissioner shall reconsider the proposal. If the commissioner submits a negative review and comment, the school board may appeal that decision under chapter 14.
(c) A school board may not proceed with construction if the commissioner's negative review and comment is upheld or if the commissioner's negative review and comment is not appealed.
Subd. 4. Unfavorable review and comment. If the commissioner submits an unfavorable review and comment for a proposal under section 123B.71, the school board, by resolution of the board, must reconsider construction. If, upon reconsideration, the school board decides to proceed with construction, it may initiate proceedings for issuing bonds to finance construction under chapter 475. Unless 60 percent of the voters at the election approve of issuing the obligations, the board is not authorized to issue the obligations.
1988 c 718 art 8 s 1; 1990 c 562 art 5 s 1; 1991 c 265 art 5 s 1; 1992 c 499 art 5 s 1; 1996 c 399 art 2 s 2; 1998 c 397 art 1 s 58; art 11 s 3; 1998 c 398 art 6 s 3; 2000 c 254 s 11; 2009 c 96 art 4 s 6
Structure Minnesota Statutes
Chapters 120 - 129C — Education Code: Prekindergarten - Grade 12
Chapter 123B — School District Powers And Duties
Section 123B.01 — Definitions.
Section 123B.02 — General Powers Of Independent School Districts.
Section 123B.025 — School Sponsorship And Advertising Revenue.
Section 123B.03 — Background Check.
Section 123B.04 — Site Decision Making; Individualized Learning Agreement; Other Agreements.
Section 123B.045 — District-created Site-governed Schools.
Section 123B.06 — Evaluation Of Pupil Growth And Progress; Permanent Records.
Section 123B.07 — Missing Children; Voluntary Fingerprinting.
Section 123B.08 — Flag School Records Of Missing Children.
Section 123B.09 — Boards Of Independent School Districts.
Section 123B.10 — Publication Of Financial Information.
Section 123B.11 — Imprest Cash Funds.
Section 123B.12 — Insufficient Funds To Pay Orders.
Section 123B.13 — Land In Settlement Of Claim Against Surety.
Section 123B.14 — Officers Of Independent School Districts.
Section 123B.143 — Superintendent.
Section 123B.147 — Principals.
Section 123B.19 — Failure Of Auditor To Report.
Section 123B.195 — Board Members' Right To Employment.
Section 123B.20 — Dealing In School Supplies.
Section 123B.21 — Duty Of Officers To Report Violations Of Law.
Section 123B.22 — Combination To Control Prices.
Section 123B.23 — Liability Insurance; Officers And Employees.
Section 123B.24 — Legal Actions By Districts.
Section 123B.25 — Legal Actions Against Districts And Teachers.
Section 123B.28 — Records As Evidence.
Section 123B.29 — Sale At Auction.
Section 123B.30 — Improper Classification Of Pupils.
Section 123B.31 — Limitation Of Sections.
Section 123B.34 — Minnesota Public School Fee Law, Citation.
Section 123B.35 — General Policy.
Section 123B.36 — Authorized Fees.
Section 123B.37 — Prohibited Fees.
Section 123B.39 — Postsecondary Instructional Programs.
Section 123B.40 — Declaration Of Policy.
Section 123B.41 — Definitions.
Section 123B.43 — Use Of Individualized Instructional Materials.
Section 123B.44 — Provision Of Pupil Support Services.
Section 123B.445 — Nonpublic Education Council.
Section 123B.45 — Payments For Contractual Obligations.
Section 123B.46 — Administrative Costs.
Section 123B.47 — Notice To Districts; Proration.
Section 123B.48 — Limit On District Obligations.
Section 123B.49 — Extracurricular Activities; Insurance.
Section 123B.492 — Supervised Competitive High School Diving.
Section 123B.50 — Special School Districts, Laws Applicable.
Section 123B.51 — Schoolhouses And Sites; Uses For School And Nonschool Purposes; Closings.
Section 123B.53 — Debt Service Equalization Program.
Section 123B.535 — Natural Disaster Debt Service Equalization.
Section 123B.54 — Debt Service Appropriation.
Section 123B.55 — Debt Service Levy.
Section 123B.56 — Health, Safety, And Environmental Management.
Section 123B.57 — Health And Safety Projects.
Section 123B.571 — Radon Testing.
Section 123B.572 — Solar Panel Fire Safety.
Section 123B.58 — Disability Access And Fire Safety Improvements To School Buildings.
Section 123B.595 — Long-term Facilities Maintenance Revenue.
Section 123B.60 — Building Bonds For Calamities.
Section 123B.61 — Purchase Of Certain Equipment.
Section 123B.62 — Bonds For Certain Capital Facilities.
Section 123B.63 — Capital Project Referendum.
Section 123B.65 — Energy-efficiency Projects.
Section 123B.651 — Energy Use Reduction And Reporting For Public Schools.
Section 123B.67 — School Building Accessibility Capital Improvement Grant Act.
Section 123B.68 — Approval; Application Forms.
Section 123B.69 — Grant Application Process.
Section 123B.70 — School District Construction.
Section 123B.71 — Review And Comment For School District Construction.
Section 123B.72 — School Facility Commissioning.
Section 123B.74 — Eminent Domain.
Section 123B.744 — Agricultural Education.
Section 123B.747 — National Forest Land Funds, Handling And Disposition.
Section 123B.75 — Revenue; Reporting.
Section 123B.76 — Expenditures; Reporting.
Section 123B.77 — Accounting, Budgeting, And Reporting Requirement.
Section 123B.79 — Permanent Fund Transfers.
Section 123B.80 — Exceptions For Permanent Fund Transfers.
Section 123B.81 — Statutory Operating Debt.
Section 123B.82 — Reorganization Operating Debt.
Section 123B.83 — Expenditure Limitations.
Section 123B.85 — Definitions.
Section 123B.86 — Equal Treatment.
Section 123B.87 — Funds And Aids.
Section 123B.88 — Independent School Districts; Transportation.
Section 123B.885 — Diesel School Buses; Operation Of Engine; Parking.
Section 123B.90 — School Bus Safety Training.
Section 123B.91 — School District Bus Safety Responsibilities.
Section 123B.92 — Transportation Aid Entitlement.
Section 123B.93 — Advertising On School Buses.
Section 123B.94 — Common School Districts; Meetings, Elections.
Section 123B.95 — Boards Of Common School Districts.
Section 123B.97 — Schoolhouses And Sites; Common School Districts.