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　　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 postsecondary institution for

　　secondary or postsecondary nonsectarian courses to be taught at a secondary school, nonsectarian

　　postsecondary 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.

　　History: 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