Title Minnesota Statutes, Minnesota Statutes

123B.23 LIABILITY INSURANCE; OFFICERS AND EMPLOYEES. The governing body of any independent school district may procure insurance against liability of the district or of its officers and employees for damages resulting from wrongful acts and omissions of the district and its offic…

123B.24 LEGAL ACTIONS BY DISTRICTS. Any board may prosecute actions in the name of the district in the following cases: (1) On a contract made with the district, or with the board in its official capacity; (2) To enforce a liability, or a duty enjoined by law, in its favor or in …

123B.25 LEGAL ACTIONS AGAINST DISTRICTS AND TEACHERS. (a) An action may be brought against any district, either upon a contract made with the district or its board, in its official capacity and within the scope of its authority, or for an injury to the rights of the plaintiff ari…

123B.28 RECORDS AS EVIDENCE. The records of all districts and boards and all transcripts thereof, or any part thereof, certified by the clerk or other officer having custody of the records or transcripts, shall be prima facie evidence of the facts stated in the records or transcr…

123B.29 SALE AT AUCTION. Notwithstanding sections 123B.52, subdivision 1, 471.345 or any other law, the board of a school district or of a cooperative center for vocational education may, in lieu of advertising for bids, sell at public auction to the highest responsible bidder a …

123B.30 IMPROPER CLASSIFICATION OF PUPILS. No district shall classify its pupils with reference to race, color, social position, or nationality, nor separate its pupils into different schools or departments upon any of such grounds. Any district so classifying or separating any o…

123B.31 LIMITATION OF SECTIONS. Material contained in sections 120A.22, subdivision 1a, 120B.14, 120B.35, 121A.21, 122A.44, 122A.69, 123A.22, 123A.24, 123B.02, subdivisions 1 to 15 and 17 to 20, 123B.09, 123B.11, 123B.14, 123B.143, 123B.147, 123B.23, 123B.49, 123B.51, 123B.52, 12…

123B.32 LANGUAGE ACCESS PLAN. § Subdivision 1.Language access plan required. Starting in the 2025-2026 school year, during a regularly scheduled public board hearing, a school board must adopt a language access plan that specifies the district's process and procedures to render e…

123B.34 MINNESOTA PUBLIC SCHOOL FEE LAW, CITATION. Sections 123B.34 to 123B.39 may be cited as the "Minnesota Public School Fee Law." History: 1974 c 561 s 1; 1998 c 397 art 1 s 58; art 11 s 3

123B.35 GENERAL POLICY. It is the policy of the state of Minnesota that public school education shall be free and no pupil shall be denied an education because of economic inability to furnish educational books and supplies necessary to complete educational requirements necessary…

123B.36 AUTHORIZED FEES. § Subdivision 1.School boards may require fees. (a) For purposes of this subdivision, "home school" means a home school as defined in sections 120A.22 and 120A.24 with five or fewer students receiving instruction. (b) A school board is authorized to requi…

123B.37 PROHIBITED FEES. § Subdivision 1.Boards shall not charge certain fees. (a) A board is not authorized to charge fees in the following areas: (1) textbooks, workbooks, art materials, laboratory supplies, towels; (2) supplies necessary for participation in any instructional …

123B.38 HEARING. Before the initiation of any fee not authorized or prohibited by sections 123B.36 and 123B.37, the local board must hold a public hearing within the district upon three weeks published notice in the district's official newspaper, or such notice as is otherwise re…

123B.39 POSTSECONDARY INSTRUCTIONAL PROGRAMS. Sections 123B.34 to 123B.39 may not be construed to prohibit a board from charging reasonable fees for goods and services provided in connection with any postsecondary instructional program, including but not limited to vocational tec…

123B.40 DECLARATION OF POLICY. It is the intent of the legislature to provide for distribution of educational aids such as textbooks, standardized tests and pupil support services so that every school pupil in the state will share equitably in education benefits and therefore fur…

123B.41 DEFINITIONS. § Subdivision 1.Application. As used in sections 123B.40 to 123B.48, the terms defined in this section shall have the meanings ascribed to them. § Subd. 2.Textbook. (a) "Textbook" means any book or book substitute, including electronic books as well as other …

123B.42 TEXTBOOKS; INDIVIDUAL INSTRUCTION OR COOPERATIVE LEARNING MATERIAL; STANDARD TESTS. § Subdivision 1.Providing education materials and tests. The commissioner of education shall promulgate rules under the provisions of chapter 14 requiring that in each school year, based u…

123B.43 USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS. (a) The commissioner shall assure that textbooks and individualized instructional materials loaned to nonpublic school pupils are secular, neutral, nonideological and that they are incapable of diversion for religious use. (b…

123B.44 PROVISION OF PUPIL SUPPORT SERVICES. § Subdivision 1.Provided services. The commissioner of education shall promulgate rules under the provisions of chapter 14 requiring each district or other intermediary service area: (a) to provide each year upon formal request by a sp…

123B.445 NONPUBLIC EDUCATION COUNCIL. (a) The commissioner shall appoint a 15-member Council on Nonpublic Education. The 15 members shall represent various areas of the state, represent various methods of providing nonpublic education, and shall be knowledgeable about nonpublic e…

123B.45 PAYMENTS FOR CONTRACTUAL OBLIGATIONS. The commissioner shall make such payments to school districts or intermediary service areas pursuant to sections 123B.40 to 123B.42, and 123B.44 to 123B.48 as are needed to meet contractual obligations incurred for the provision of be…

123B.46 ADMINISTRATIVE COSTS. Each year, a district or intermediary service area may claim and receive from the department an additional sum for the administration of sections 123B.42, 123B.44, and 123B.445, equal to five percent of the district's or area's allocation for that ye…

123B.47 NOTICE TO DISTRICTS; PRORATION. If the appropriation for nonpublic educational aid under sections 123B.40 to 123B.48 is not sufficient to meet the required payments in any fiscal year, the department must notify the school districts at the earliest possible date of the ne…

123B.48 LIMIT ON DISTRICT OBLIGATIONS. If the amount appropriated for purposes of sections 123B.40 to 123B.42, and 123B.44 to 123B.48, for any year is not sufficient to make the payments required pursuant to sections 123B.40 to 123B.42, and 123B.44 to 123B.48, for that year, then…

123B.49 EXTRACURRICULAR ACTIVITIES; INSURANCE. § Subdivision 1.Activities outside district limits. Whenever it appears to be beneficial and for the best interest of the district and the pupils of the district to carry on any school sport activities or educational activities conne…

123B.492 SUPERVISED COMPETITIVE HIGH SCHOOL DIVING. Notwithstanding Minnesota Rules, part 4717.3750, any pool built before January 1, 1987, that was used for a one-meter board high school diving program during the 2000-2001 school year may be used for supervised competitive one-m…

123B.50 SPECIAL SCHOOL DISTRICTS, LAWS APPLICABLE. Special districts as now organized shall continue to operate under the special legislation and charter provisions governing them until conversion to independent districts. The provisions of law relating to independent districts s…

123B.51 SCHOOLHOUSES AND SITES; USES FOR SCHOOL AND NONSCHOOL PURPOSES; CLOSINGS. § Subdivision 1.Sites. According to section 126C.40, subdivision 1, or 465.71, when funds are available, the board may locate and acquire necessary sites of schoolhouses or enlargements, or addition…

123B.52 CONTRACTS. § Subdivision 1.Contracts. A contract for work or labor, or for the purchase of furniture, fixtures, or other property, except books registered under the copyright laws and information systems software, or for the construction or repair of school houses, the es…

123B.53 DEBT SERVICE EQUALIZATION PROGRAM. § Subdivision 1.Definitions. (a) For purposes of this section, the eligible debt service revenue of a district is defined as follows: (1) the amount needed to produce between five and six percent in excess of the amount needed to meet wh…

123B.535 NATURAL DISASTER DEBT SERVICE EQUALIZATION. § Subdivision 1.Definitions. (a) For purposes of this section, the eligible natural disaster debt service revenue of a district is defined as the amount needed to produce between five and six percent in excess of the amount nee…

123B.54 DEBT SERVICE APPROPRIATION. (a) The amount necessary to make debt service equalization aid payments under sections 123B.53 and 123B.535 is annually appropriated from the general fund to the commissioner of education. (b) The appropriations in paragraph (a) must be reduced…

123B.55 DEBT SERVICE LEVY. A district may levy the amounts necessary to make payments for bonds issued and for interest on them, including the bonds and interest on them, issued as authorized by Minnesota Statutes 1974, section 275.125, subdivision 3, clause (7)(C); and the amoun…

123B.56 HEALTH, SAFETY, AND ENVIRONMENTAL MANAGEMENT. "Health, safety, and environmental management" means school district activities necessary for a district's compliance with state law and rules of the Departments of Health, Labor and Industry, Public Safety, and Pollution Cont…

123B.57 HEALTH AND SAFETY PROJECTS. § Subdivision 1. [Repealed by amendment, 1Sp2015 c 3 art 6 s 3] § Subd. 2. [Repealed by amendment, 1Sp2015 c 3 art 6 s 3] § Subd. 3. [Repealed by amendment, 1Sp2015 c 3 art 6 s 3] § Subd. 4. [Repealed by amendment, 1Sp2015 c 3 art 6 s 3] § Subd…

123B.571 RADON TESTING. § Subdivision 1.Voluntary plan. The commissioners of health and education may jointly develop a plan to encourage school districts to accurately and efficiently test for the presence of radon in public school buildings serving students in kindergarten thro…

123B.572 SOLAR PANEL FIRE SAFETY. A solar photovoltaic system installed at a school must comply with chapter 690 of the most current edition of NFPA 70, the National Electrical Code, adopted under the authority given in section 326B.32, subdivision 2. History: 2016 c 189 art 30 s…

123B.58 DISABILITY ACCESS AND FIRE SAFETY IMPROVEMENTS TO SCHOOL BUILDINGS. § Subdivision 1.Removal of architectural barriers. If a board has insufficient money in its capital expenditure fund to remove architectural barriers from a building it owns in order to allow a pupil to a…

123B.595 LONG-TERM FACILITIES MAINTENANCE REVENUE. § Subdivision 1.Long-term facilities maintenance revenue. (a) Long-term facilities maintenance revenue equals the greater of (1) the sum of (i) $380 times the district's adjusted pupil units times the lesser of one or the ratio o…

123B.60 BUILDING BONDS FOR CALAMITIES. § Subdivision 1.Bonds. When a building owned by a district is substantially damaged by an act of God or other means beyond the control of the district, the district may issue general obligation bonds without an election to provide money imme…

123B.61 PURCHASE OF CERTAIN EQUIPMENT. The board of a district may issue general obligation certificates of indebtedness or capital notes subject to the district debt limits to: (a) purchase vehicles, computers, telephone systems, cable equipment, photocopy and office equipment, …

123B.62 BONDS FOR CERTAIN CAPITAL FACILITIES. (a) In addition to other bonding authority, with approval of the commissioner, a district may issue general obligation bonds for certain capital projects under this section. The bonds must be used only to make capital improvements inc…

123B.63 CAPITAL PROJECT REFERENDUM. § Subdivision 1.Creation of capital project referendum account. A district may create a capital project referendum account as a separate account in its general fund or its building construction fund. All proceeds from the capital project levy m…

123B.65 ENERGY-EFFICIENCY PROJECTS. § Subdivision 1.Definitions. The definitions in this subdivision apply to this section. (a) "Energy conservation measure" means a training program or facility alteration designed to reduce energy consumption or operating costs and includes: (1)…

123B.651 ENERGY USE REDUCTION AND REPORTING FOR PUBLIC SCHOOLS. Beginning October 1, 2019, each public school or school district reporting on behalf of a public school must enter and maintain monthly utility consumption data into the Minnesota B3 benchmarking program for all buil…

123B.662 AIR VENTILATION PILOT PROGRAM; DEFINITIONS. § Subdivision 1.General. For purposes of this section and section 123B.663, the terms in this section have the meanings given unless the language or context clearly indicates that a different meaning is intended. § Subd. 2.ANSI…