1.1.................... moves to amend H.F. No. 2397, the delete everything amendment
1.2(H2397DE1), as follows:
1.3Page 75, after line 33, insert:

1.4    "Sec. 17. [123A.215] INNOVATIVE TECHNOLOGY COOPERATIVE.
1.5    Subdivision 1. Establishment and organization. (a) Two or more independent
1.6school districts may enter into an agreement to establish an innovative cooperative center
1.7to provide for technology and other educational services upon the vote of a majority of the
1.8full membership of each of the boards of the districts entering into the agreement. The
1.9agreement may also provide for membership by a Minnesota state college or university
1.10under section 136F.01. When a resolution approving this action has been adopted by
1.11the board of a district, the resolution shall be published once in a newspaper of general
1.12circulation in the district.
1.13(b) The agreement may provide for the center to be organized into up to four regions.
1.14A region may consist of only school districts, only higher education institutions, or a
1.15combination of both.
1.16    Subd. 2. Name. A public corporation so created shall be known as ....(insert
1.17name).... Cooperative Center No. ..... and shall have an identification number assigned
1.18according to section 123A.56.
1.19    Subd. 3. Governing board. (a) The center must be operated by a center board
1.20consisting of 12 members. Membership on the center board must be established under
1.21the agreement in subdivision 1, paragraph (a), consistent with the requirements of this
1.22paragraph. If organized into regions, each region shall have equal representation on the
1.23center board. No more than four board members of the center board may represent higher
1.24education institutions. Center board membership for individual school districts or a region
1.25including school districts must include one superintendent with the remaining school
1.26district positions filled by school board members. When possible, no school district may
1.27have more than one representative.
2.1(b) The terms of office of the first members of the center board must be determined
2.2by lot as follows: one-third of the members for one year, one-third of the members for two
2.3years, and the remainder of the members for three years, all terms to expire on June 30 of
2.4the appropriate year. Thereafter the terms shall be for three years commencing on July 1
2.5of each year. If a vacancy occurs on the center board, it must be filled by the district, by
2.6the members of the appropriate region, or by the higher education members, within 90
2.7days. A person appointed to the center board shall qualify as a center board member by
2.8filing with the chair a written certificate of appointment from the appointing school board.
2.9(c) The first meeting of a center board must be at a time mutually agreed upon by
2.10center board members. At this meeting, the center board must choose its officers and
2.11conduct any other necessary organizational business. Thereafter, the center board must
2.12meet on July 1 of each year or as soon thereafter as practicable pursuant to notice sent to
2.13all center board members by the chief executive officer of the center.
2.14(d) The officers of the center board shall be a chair, vice-chair, clerk, and treasurer,
2.15no two of whom when possible shall be from the same school district. The chair shall
2.16preside at all meetings of the center board, except that in the chair's absence the vice-chair
2.17shall preside. The clerk shall keep a complete record of the minutes of each meeting
2.18and the treasurer shall be the custodian of the funds of the center. Insofar as applicable,
2.19sections 123B.09, 123B.14, 123B.143, and 123B.147, shall apply to the board and officers
2.20of the center.
2.21(e) A majority of the center board shall be a quorum. Any motion other than
2.22adjournment shall pass only upon receiving a majority of the votes of the entire center
2.23board.
2.24    Subd. 4. Center powers and duties. (a) The center board shall have the general
2.25charge of the business of the center. Where applicable, sections 123B.51 and 123B.52,
2.26subdivision 4, shall apply. The center board may not issue bonds on its behalf.
2.27(b) The center board may furnish technology offerings to any eligible person residing
2.28in any participating district and may provide any other educational programs or services
2.29agreed upon by the participating members. Academic offerings shall be provided only
2.30under the direction of properly licensed academic supervisory personnel.
2.31(c) The center board must employ an executive director, contract with necessary
2.32qualified teachers and administrators, and may discharge the same for cause pursuant to
2.33section 122A.40. The authority for selection and employment of a director shall be vested
2.34in the center board. Notwithstanding the provisions of section 122A.40, subdivision 10 or
2.3511, no individual shall have a right to employment as a director based on seniority or order
3.1of employment by the center. The center board may employ and discharge other necessary
3.2employees and may contract for other services deemed necessary.
3.3(d) The center board may prescribe rates of tuition for services provided to
3.4nonmember students.
3.5    Subd. 5. Finances. (a) The center board established under this section is a public
3.6corporation and agency and may receive and disburse federal, state, and local funds made
3.7available to it. A participating school district or member must not have any additional
3.8individual liability for the debts or obligations of the center except that assessment
3.9which has been certified as its proportionate share in accordance with paragraph (b) and
3.10subdivision 4. A member of the center board shall have the liability that is applicable to a
3.11member of an independent school district board. Any property, real or personal, acquired
3.12or owned by the center board for its purposes shall be exempt from taxation by the state or
3.13any of its political subdivisions.
3.14(b) The center board may, in each year, for the purpose of paying any administrative,
3.15planning, operating, or capital expenses incurred or to be incurred, assess and certify
3.16to each participating school district its proportionate share of any and all expenses.
3.17This share must be based upon an equitable distribution formula agreed upon by the
3.18participating districts. Each participating district shall remit its assessment to the center
3.19board within 30 days after receipt.
3.20    Subd. 6. Laws governing independent school districts apply. As of the effective
3.21date of the creation of any center as contained in the agreement establishing the center,
3.22the organization, operation, maintenance, and conduct of the affairs of the center shall be
3.23governed by the general laws relating to independent school districts of the state unless
3.24provided otherwise in statute. The center does not have the authority to issue bonds or
3.25impose a property tax levy.
3.26    Subd. 7. Addition and withdrawal of districts. Upon approval by majority vote of
3.27a school board and of the center board, an adjoining district may become a member in
3.28the center and be governed by the provisions of this section and the agreement in effect.
3.29Any participating district may withdraw from the center and from the agreement in effect
3.30by a majority vote of the full board membership of the participating district desiring
3.31withdrawal and upon compliance with provisions in the agreement establishing the center.
3.32Upon receipt of the withdrawal resolution reciting the necessary facts, the center board
3.33must file a certified copy with the county auditors of the counties affected. The withdrawal
3.34shall become effective at the end of the next following school year, but the withdrawal
3.35shall not affect the continued liability of the withdrawing district for liabilities incurred
3.36prior to the effective withdrawal date.
4.1    Subd. 8. Dissolution. The boards of each participating district may agree to dissolve
4.2the center effective at the end of any school year or at an earlier time as they may mutually
4.3agree. A dissolution must be accomplished in accordance with any applicable provisions
4.4of the agreement establishing the center. Upon receipt of the dissolution resolutions from
4.5the boards of the participating districts, the center board shall file a certified copy with the
4.6county auditors of the counties affected. The dissolution must not affect the continuing
4.7liability of the previously participating districts for any continuing obligations, including
4.8unemployment benefits.
4.9EFFECTIVE DATE.This section is effective July 1, 2014."
4.10Renumber the sections in sequence and correct the internal references
4.11Amend the title accordingly