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201 LEGAL STATUS OF SCHOOL BOARDS

The constitution of the State of Minnesota provides for the establishment of the public school system as follows:

Article VIII School Funds, Education and Science, Uniform System of Public Schools.

Section 1. The stability of a republican form of government depending mainly upon the intelligence of the people. It shall be the duty of the legislature to establish a general and uniform system of public schools.

The constitution and statutes of the State of Minnesota also provide for the establishment of local boards of education: Minnesota Statutes 123B.09 Boards of Independent School Districts:

Subdivision 1. The care, management, and control of independent districts shall be vested in a board of directors, to be known as the school board.....

Minnesota Statutes 123B.02 General Powers of Independent School Districts:

Subdivision l. The board shall have the general charge of the business of the district, the school buildings and of the interest of the school thereof.

Subdivision 8. The board shall provide by levy of tax necessary funds for the conduct of schools, the payment of indebtedness, and all proper expenses of the district.

As a body created under law by the State of Minnesota, the board of education has full authority within the limitations of federal and state law to carry out the will of the people of the district in matters of education. In all cases where laws or the regulations of the MN Department of Education do not provide, permit or prohibit, the board shall consider itself the agent responsible for establishing educational activities. Board members have no authority over school affairs as individuals. They have authority only when acting as a body duly called in session.


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