Adopted:
1996 District
599 Policy 101
Revised:
2004
101 LEGAL
STATUS OF THE SCHOOL
DISTRICT
I.
PURPOSE
It
is a primary principle of this nation that the public welfare demands an
educated and informed citizenry. The
power to provide for public education is a state function vested in the state
legislature and delegated to local school districts. The purpose of this policy is to clarify the
legal status of the school district.
II. GENERAL
STATEMENT OF POLICY
A.
The school district is a public corporation
subject to the control of the legislature, limited only by constitutional
restrictions. The school district has
been created for educational purposes.
B.
The legislature has authority to
prescribe the school district's powers and privileges, its boundaries and
territorial jurisdictions.
C.
The school district has only the powers
conferred on it by the legislature; however, the school board’s authority to govern,
manage, and control the school district, to carry out its duties and
responsibilities, and to conduct the business of the school district includes
implied powers in addition to any specific powers granted by the legislature.
III. RELATIONSHIP
TO OTHER ENTITIES
A.
The school district is a separate legal
entity.
B.
The school district is coordinate with
and not subordinate to the counties in which it is situated.
C.
The school district is not subservient to
municipalities within its territory.
IV. POWERS
AND AUTHORITY OF THE SCHOOL DISTRICT
A.
Funds
1.
The school district, through its school
board, has authority to raise funds for the operation and maintenance of its
schools, and authority to manage and expend such funds, subject to applicable
law.
2.
The school district has wide discretion
over the expenditure of funds under its control for public purposes, subject to
the limitations provided by law.
3.
School district officials occupy a
fiduciary position in the management and expenditure of funds entrusted to
them.
B.
Raising Funds
1.
The school district shall, within the
limitations specified by law, provide by levy of tax necessary funds for the
conduct of schools, payment of indebtedness, and all proper expenses.2.
The school district may issue bonds in
accordance with the provisions of Minn. Stat. Ch. 475, or other applicable law.3.
The school district has authority to
accept gifts and donations for school purposes, subject to applicable law.
C.
Property
1.
The school district may acquire property
for school purposes. It may sell,
exchange, or otherwise dispose of property which is no longer needed for school
purposes, subject to applicable law.2.
The school district shall manage its
property in a manner consistent with the educational functions of the district.3.
The school district may permit the use of
its facilities for community purposes which are not inconsistent with, nor
disruptive of, its educational mission.4.
School district officials hold school
property as trustees for the use and benefit of students, taxpayers and the
community.
D.
Contracts
1.
The school district is empowered to enter
into contracts in the manner pro vided by law.2.
The school district has authority to
enter into installment purchases and leases with an option to purchase,
pursuant to Minn. Stat. § 465.71 or other applicable law.3.
The school district has authority to make
contracts with other governmental agencies and units for the purchase, lease or
other acquisition of equipment, supplies, materials, or other property,
including real property.4.
The school district has authority to
enter into employment contracts. As a
public employer, the school district, through its designated representatives,
shall meet and negotiate with public employees in an appropriate bargaining
unit and enter into written collective bargaining agreements with such
employees, subject to applicable law.
E.
Textbooks, Educational Materials, and
Studies
1.
The school district, through its school
board and administrators, has the authority to determine what textbooks,
educational materials, and studies should be pursued.2.
The school district shall establish and
apply the school curriculum.
F.
Actions and Suits
The
school district has authority to sue and to be sued.
Legal
References: Minn.
Const. art. 13, § 1
Minn.
Stat. Ch. 123B. (School Districts, Powers
and Duties)
Minn.
Stat. Ch. 179A (Public Employment Labor Relations)
Minn.
Stat. § 465.035 (Conveyance or Lease of Land)
Minn.
Stat. §§ 465.71; 471.345; 471.6161; 471.64 (rights, powers, duties of political
subdivisions)
Minnesota
Association of Public Schools v. Hanson, 287 Minn.
415, 178 N.W.2d 846 (1970)
Independent
School District No. 581 v. Mattheis, 275 Minn.
383, 147 N.W.2d 374 (1966)
Village
of Blaine v.
Independent School District No. 12, 272 Minn.
343, 138 N.W.2d 32 (1965)
Huffman
v. School Board, 230 Minn.
289, 41 N.W.2d 455 (1950)
State
v. Lakeside Land Co., 71 Minn.
283, 73 N.W.970 (1898)
Cross
References: Policy
201 (Legal Status of School Board)
Policy
603 (Curriculum Development)
Policy
604 (Instructional Curriculum)
Policy
606 (Textbooks and Instructional Materials)
Policy 705
(Investments)
Policy 706
(Acceptance of Gifts)
Policy 801
(Equal Access to Facilities of Secondary Schools)
MSBA Service
Manual, Chapter 4, Employee Negotiations
MSBA
Service Manual, Chapter 13, School Law Bulletin “F” (Contract and Bidding
Procedures)