I. PURPOSE
A primary principle of this nation is that public welfare demands an educated and informed citizenry. The power to provide 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 Moorhead Area Public Schools.
II. GENERAL STATEMENTS ON LEGAL STATUS
A. The Moorhead Area Public Schools is a public corporation subject to the control of the legislature, limited only by constitutional restrictions. The school district was created for educational purposes.
B. The legislature has the 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 district'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 Moorhead Area Public Schools is a separate legal entity.
B. The school district is coordinate with and not subordinate to the county(ies) in which it is situated or provides services.
C. The school district is not subservient to municipalities within its territory.
IV. POWERS AND AUTHORITY OF THE SCHOOL DISTRICT
A. Funds
1. Moorhead Area Public Schools, through its School Board, has the authority to raise funds for the operation and maintenance of its schools and school property and the authority to manage and expend such funds as applicable to 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. Moorhead Area Public Schools 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 Minnesota Statutes Chapter 475 or other applicable laws.
3. The school district has the authority to accept gifts and donations for school purposes, subject to applicable law.
C. Property
1. Moorhead Area Public Schools 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 supporting 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. Moorhead Area Public Schools is empowered to enter into contracts in the manner provided by law.
2. The school district has the authority to enter into installment purchases and leases with an option to purchase, pursuant to Minnesota Statutes section 465.71 or other applicable law.
3. The school district has the authority to make contracts with other governmental agencies and units for the purchase, lease, or other acquisition of equipment, supplies, materials, and other property, including real property.
4. Moorhead Area Public Schools has the 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. Moorhead Area Public Schools, through its School Board and administration, 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
Moorhead Area Public Schools has the 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. 465.035 (Public Corporation, Conveyance or Lease of Land)
Minn. Stats. 465.71; 471.345; 471.6161; 471.6175; 471.64 (Rights, Powers, Duties of Municipalities)
Minn. Stat. Ch. 179A (Public Employment Labor Relations)
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:
Moorhead School Board Policy 201: School Board Legal Status
Moorhead School Board Policy 601: Curriculum and Instruction Goals for Moorhead Area Public Schools
Moorhead School Board Policy 620: Selection of Textbooks and Instructional Materials
Moorhead School Board Policy 801: Equal Access to Moorhead Area Public Schools Facilities
Moorhead School Board Policy 706: Public Gifts to the School District
MSBA/MASA Model Policy 704 (Development and Maintenance of an Inventory of Fixed Assets and a Fixed Asset Accounting System)
MSBA/MASA Model Policy 101: Legal Status of the School District
MSBA/MASA Model Policy 101.1: Name of the School District
MSBA/MASA Policy 706 (Acceptance of Gifts)
MSBA/MASA Policy (Public Gifts to the School District