Minnesota Administrative Rules
Agency 129 - Education Department
Chapter 3535 - EQUAL OPPORTUNITY IN SCHOOLS
SCHOOL DESEGREGATION/INTEGRATION
Part 3535.0170 - INTEGRATION OF RACIALLY ISOLATED SCHOOL DISTRICTS

Universal Citation: MN Rules 3535.0170

Current through Register Vol. 49, No. 13, September 23, 2024

Subpart 1. Evaluation.

A. The commissioner shall annually evaluate the enrollment of protected students in each district to determine whether the district as a whole is racially isolated. If the commissioner determines that a district is racially isolated, as defined in part 3535.0110, subpart 7, the commissioner shall immediately notify the district and its adjoining districts. The commissioner may also send notice to other districts that are not adjoining if the commissioner determines that it would be geographically feasible for such districts to participate in cross-district planning. Districts that are not adjoining may choose whether to participate in the cross-district planning.

B. A racially isolated district shall not be required to follow subparts 2 to 8 if the district is isolated only as a result of the enrollment of American Indian students whose unique academic and culturally related educational needs are being addressed by district programs and the district has established a parent committee under Minnesota Statutes, section 124D.78. A district racially isolated as a result of the enrollment of American Indian students shall be required to follow subparts 2 to 8, if the district is also racially isolated as a result of the enrollment of other protected students excluding the enrollment of American Indian students.

Subp. 2. Establishment of multidistrict collaboration council.

Upon receiving notice under subpart 1, the isolated and adjoining districts shall establish a multidistrict collaboration council, as provided in subpart 3, to develop a plan under this part. The council shall work as provided under subpart 5 to identify ways to offer cross-district opportunities to improve integration.

Subp. 3. Membership of multidistrict collaboration council.

Each isolated district and each of its adjoining districts shall appoint individuals to participate in the multidistrict collaboration council. The council shall be reasonably representative of the diversity of the participating districts. If any of the participating districts have an American Indian parent committee formed under Minnesota Statutes, section 124D.78, a representative of those committees shall also be appointed.

Subp. 4. Alternatives to a multidistrict collaboration council.

A. Participating districts that are members of joint powers boards that have advisory councils meeting the requirements of subpart 3 may use those joint powers boards and advisory councils in lieu of creating a new council under subpart 2.

B. Participating districts that have an existing committee whose composition reflects the membership requirements of subpart 3, may use this committee in lieu of creating a new council under subpart 2.

Subp. 5. Council cooperation and plan.

The multidistrict collaboration council shall identify ways of creating increased opportunities for interracial contact and establish goals for meeting this objective. After identifying these opportunities and goals, the council shall develop a joint collaboration plan for cross-district integration that may include the incentives contained in subpart 6, item B.

Subp. 6. District plan.

A. After receiving the plan required in subpart 5 from its council, each district shall review, modify if necessary, and ratify the integration plan. Each district shall provide a plan to the commissioner that describes how the goal of greater opportunities for interracial contact between students will be met and that describes the interdistrict integration efforts the district plans to implement. The plan shall be completed and ratified no longer than 12 months after the district receives notice under part 3535.0180, subpart 1. The plan shall include:
(1) the extent of community outreach that preceded the interdistrict plan;

(2) cross-district integration issues identified;

(3) goals of the integration effort; and

(4) how the goals will be or are being accomplished.

B. All collaboration plans under this part must be educationally justifiable and contain options for interdistrict integration that may include, for example:
(1) providing cooperative transportation that helps balance racially isolated districts;

(2) providing incentives for low-income students to transfer to districts that are not racially isolated;

(3) developing cooperative magnet programs or schools designed to increase racial balance in the affected districts;

(4) designing cooperative programs to enhance the experience of students of all races and from all backgrounds and origins;

(5) providing cooperative efforts to recruit teachers of color, and encouraging teacher exchanges, parent exchanges, and cooperative staff development programs;

(6) encouraging shared extracurricular opportunities, including, for example, community education programs that promote understanding, respect, and interaction among diverse community populations; and

(7) documenting, in districts with ten or more American Indian students, how American Indian students are able to participate in program options uniquely relevant to American Indian students, including, for example, language and culture programs under Minnesota Statutes, section 124D.74, and how the students may participate in the district's voluntary integration efforts.

Subp. 7. Limits on participation in multidistrict collaboration councils.

Notwithstanding subpart 2:

A. an isolated school district shall not be required to be part of two or more collaboration councils;

B. adjoining districts shall not be required to be part of two or more collaboration councils;

C. two adjoining racially isolated school districts shall not be required to participate together on the same collaboration council;

D. if a racially isolated district is a member of a joint powers board under subpart 4, its adjoining districts shall not be required to participate on the joint powers board; and

E. if an adjoining district is a racially isolated district exempted from subparts 2 to 8 under subpart 1, item B, the district shall not be required to be part of an interdistrict collaboration council and shall not be required to provide a plan of interdistrict integration efforts to the commissioner.

Subp. 8. Timeline for reports.

Once a multidistrict collaboration plan has been filed with the commissioner, it does not need to be renewed for a period of four years from the date of filing.

Statutory Authority: MS s 124D.896

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