Management Services Newsletter · The resolutions can be found in the MSBA Service Manual, Chapter...

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Updated information about board vacancies and special elections By Gary Lee, MSBA Director of Management Services e May 2016 Management Services Newsletter provided an overview of the new school board vacancy law. e law now requires vacancies to be filled by appointment for the short term and then permanently via a special election. e timing of and/or need for a special election is determined by the vacancy date and the remaining period of time in the vacant term. See the aforementioned article for more information. e special election must be held on the general election date in November. School districts should take note that a special election resolution and notice cannot be melded into the general election resolutions and notices. A special election is authorized via a separate resolution, even though the actual election is held at the same time as the general election. MSBA has created new model resolutions for making school board appointments and for authorizing a special election to fill a school board vacancy. e resolutions can be found in the MSBA Service Manual, Chapter 14, Appendices 20 and 21. School districts should also be aware of the first election deadline, July 19, for school districts without primaries. Election schedules can be found on the Elections and Referendums page of the MSBA website. For additional information, contact Gary Lee ([email protected]) or Greg Abbott ([email protected]). Management Services Newsletter ursday, June 16, 2016 Gary Lee Director of Management Services 800-324-4459 [email protected] FREE webinar regarding Fair Labor Standards Act Final Rule is scheduled for June 21 and June 27 MSBA and the Minnesota Association of School Business Officials (MASBO) are partnering on a webinar, “e Fair Labor Standards Act Final Rule Becomes Effective December 1 — Is Your School District Ready?” is FREE webinar — presented and sponsored by Knutson, Flynn & Deans, P.A. — is scheduled for 1 p.m. Tuesday, June 21, and 1 p.m. Monday, June 27. Each webinar will last approximately one hour and will conclude with a question-and-answer session. Knutson, Flynn & Deans school law attorneys Peter Martin and Michelle Kenney will provide participants with an overview of the current Fair Labor Standards Act (FLSA) Rule and the updated Final Rule. Topics will include: What changed — and what didn’t change e definition of exempt employee vs. nonexempt employee Special provisions for teachers What school districts should do now to prepare for December 1 And much more Visit https://attendee.gotowebinar.com/register/4970152473127403012 to register for the June 21 webinar. Visit https://attendee.gotowebinar.com/register/2029125994594294276 to register for the June 27 webinar. Send questions to MSBA’s Amy Fullenkamp-Taylor ([email protected]) or Gary Lee ([email protected]).

Transcript of Management Services Newsletter · The resolutions can be found in the MSBA Service Manual, Chapter...

Page 1: Management Services Newsletter · The resolutions can be found in the MSBA Service Manual, Chapter 14, Appendices 20 and 21. ... Registration is now open for the 2016 MSBA Summer

Updated information about board vacancies and special electionsBy Gary Lee, MSBA Director of Management Services

The May 2016 Management Services Newsletter provided an overview of the new school board vacancy law. The law now requires vacancies to be filled by appointment for the short term and then permanently via a special election. The timing of and/or need for a special election is determined by the vacancy date and the remaining period of time in the vacant term. See the aforementioned article for more information.

The special election must be held on the general election date in November. School districts should take note that a special election resolution and notice cannot be melded into the general election resolutions and notices. A special election is authorized via a separate resolution, even though the actual election is held at the same time as the general election.

MSBA has created new model resolutions for making school board appointments and for authorizing a special election to fill a school board vacancy. The resolutions can be found in the MSBA Service Manual, Chapter 14, Appendices 20 and 21.

School districts should also be aware of the first election deadline, July 19, for school districts without primaries. Election schedules can be found on the Elections and Referendums page of the MSBA website.

For additional information, contact Gary Lee ([email protected]) or Greg Abbott ([email protected]).

Management Services NewsletterThursday, June 16, 2016

Gary LeeDirector of

Management Services800-324-4459

[email protected]

FREE webinar regarding Fair Labor Standards Act Final Rule is scheduled for June 21 and June 27

MSBA and the Minnesota Association of School Business Officials (MASBO) are partnering on a webinar, “The Fair Labor Standards Act Final Rule Becomes Effective December 1 — Is Your School District Ready?”

This FREE webinar — presented and sponsored by Knutson, Flynn & Deans, P.A. — is scheduled for 1 p.m. Tuesday, June 21, and 1 p.m. Monday, June 27.

Each webinar will last approximately one hour and will conclude with a question-and-answer session.Knutson, Flynn & Deans school law attorneys Peter Martin and Michelle Kenney will provide participants

with an overview of the current Fair Labor Standards Act (FLSA) Rule and the updated Final Rule.Topics will include:■ What changed — and what didn’t change■ The definition of exempt employee vs. nonexempt employee■ Special provisions for teachers■ What school districts should do now to prepare for December 1■ And much more

Visit https://attendee.gotowebinar.com/register/4970152473127403012 to register for the June 21 webinar.

Visit https://attendee.gotowebinar.com/register/2029125994594294276 to register for the June 27 webinar.

Send questions to MSBA’s Amy Fullenkamp-Taylor ([email protected]) or Gary Lee ([email protected]).

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Minnesota’s minimum wage will increase August 1By Amy Fullenkamp-Taylor, MSBA Associate Director of Management Services

As a reminder, Minnesota school districts are required to comply with both the federal and state minimum wage laws which means covered, nonexempt employees are entitled to the higher of the two minimum wages. Currently, the federal minimum wage is $7.25/hour. On August 1, 2016, Minnesota’s minimum wage for both large and small employers is increasing.

According to Minnesota’s Department of Labor and Industry (DOLI), a school district will need to look at its total funding revenues in order to determine if it is a “small employer” or a “large employer.”

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Amy Fullenkamp-TaylorAssociate Director of Management Services

[email protected]

The contents of this newsletter are provided for informational use only and are not to be construed as legal advice. If you need legal advice, consult your attorney.

DefinitionCurrent Minnesota

minimum wageNew Minnesota minimum wage as of August 1, 2016

Large employer wage“Large employer” means an enterprise whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35.

$9.00/hour on Aug. 1, 2015 $9.50/hour

Small employer wage“Small employer” means an enterprise whose annual gross volume of sales made or business done is less than $500,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35.

$7.25/hour on Aug. 1, 2015 $7.75/hour

Visit http://www.doli.mn.gov/LS/MinWage.asp for more information regarding Minnesota’s minimum wage, including training wages and youth wages, on the Minnesota DOLI website.

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School counselor or school social worker?By Bill Kautt, MSBA Associate Director of Management Services

Recently, your MSBA staff was asked the following question — “Is a school district required to have a licensed school counselor on staff or could the school district hire a school social worker in a similar capacity?” As far as MSBA knows, a school district is not required to have a licensed school counselor on staff. However, the answer to the second half of the question is not an easy one. The rules adopted by the Minnesota Board of Teaching require the candidates for school counselor licensure to demonstrate the knowledge and skills in items “A” to “K” in Subp. 3. of Minnesota Rule 8710.6400. School social workers have no such requirement and are limited by law to “provide services and hold out as competent only to the extent the social worker’s education, training, license, consultation received, supervision experience, or other relevant professional experience demonstrate competence in the services provided” (M.S. 148E.200, Subd. 1). In fact, M.R. 8710.6300 states, “A school social worker is authorized to provide social work services to prekindergarten through grade 12 students in a school setting. Board of Teaching school social worker licensure is not authorization to practice as a social worker in a school setting without current Board of Social Work licensure to practice as a social worker.”

Thus, if a school district decides to replace its school counselor with a school social worker, it must be careful to limit the duties of the school social worker to the limitations of his/her licensure. Also, prior to making any changes, the school district should check with the Minnesota Department of Education to determine if the school district is subject to maintenance of effort requirements, and, if so, will the proposed change(s) satisfy such requirements.

As an aside, the 2016 Legislature amended M.S. 122A.09, Subd. 4. in pertinent part ... “(n) The board must adopt rules that require all licensed teachers who are renewing their continuing license professional five-year teaching licenses to include in their renewal requirements at least one hour of suicide prevention best practices in each licensure renewal period that are based on nationally recognized evidence-based programs and practices, among the continuing education credits required to renew a license under this paragraph, and ...”

The amended language is effective the day following final enactment and applies to teachers renewing their teaching licenses beginning August 1, 2017. Therefore, school districts should consider adding such professional development to their back-to-school programs or other workshop opportunities during the school year.

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Bill KauttAssociate Director of Management Services

[email protected]

Updated: Use only approved companies for bus driver criminal background checksSchool districts are reminded to use approved companies for running criminal background checks on their

bus drivers. For type III school bus drivers, school districts should refer to M.S. 171.02, Subd. 2b., and for school bus drivers that have not lived in Minnesota for the last five years and the school district wants to use these drivers prior to receiving their federal background check results (M.S. 171.321, Subd. 3.), school districts need to use a company on the Minnesota Department of Public Safety’s approved list, which is provided below.

Additional information regarding school bus endorsement and pupil transportation may be found on the following websites:

The McDowell Agency, Inc.1714 University Ave. W., St. Paul, MN 55104

Phone: 651-644-3880 or 651-248-3182Fax: 651-644-3877

Website: www.mcdowellagency.com

Hire Right4500 S. 129th Ave. E., Tulsa, OK 74134

Phone: 800-331-9175Fax: 918-664-9074

Website: www.hireright.com

■ https://dps.mn.gov/divisions/dvs/Pages/School-Bus-Endorsement.aspx■ http://www.nasdpts.org/Directors/Minnesota.html

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Registration open for MSBA Summer Seminar

Visit www.mnmsba.org/SummerSeminar for more information. Ask your district office to register you in advance through www.mnmsba.org/EventRegistrationHome.

Mary Fertakis

Bukata Hayes

Registration is now open for the 2016 MSBA Summer Seminar. The seminar — “Framing the Equity Conversation” — is scheduled for Monday, August 8, at the Minneapolis Marriott Northwest in Brooklyn Park.

Equity in schools will be the focus of the seminar and will include keynote speakers Mary Fertakis and Bukata Hayes.

Fertakis currently serves on the Tukwila School Board in Washington and will deliver a pair of presentations: “Framing the Equity Conversation” and “Eliminating Barriers for Under-Represented and Students of Color through Board Policy.”

Hayes is the Executive Director of the Greater Mankato Diversity Council and will present “The Power of YOU in the Equity Conversation.”

See www.mnmsba.org/ Portals/0/PDFs/SummerSeminar-

2016Brochure.pdf for the seminar brochure.

Sunday, August 7Summer Seminar Early Bird Session | 7 p.m. to 9 p.m. “A Racial Equity Approach to Critical Teacher Shortages”

Gain an understanding of the current racial disparity in academic performance between white students and students of color in Minnesota, and learn how Minnesota State University, Mankato, is working to intentionally shift its approach to recruit, prepare, and retain teachers and leaders who are culturally competent. This session will also examine your own personal beliefs around student achievement and alignment in regard to behaviors, policies, and district practices. It will help board members determine the next steps in beginning to examine the language, beliefs, and behaviors currently in place within their district and solving misalignments.

Visit www.mnmsba.org/EventRegistrationHome for registration. Please ask your school district office to register you in advance. The adv nce registration fee is $95 ($105 for walk-in registrants).

Tuesday, August 9Phase I-II Combo Workshop | 8 a.m. to 4:30 p.m.

Learn about the role of the board, the school district budget, Minnesota’s system of school finance, local levies and policies, laws affecting boards, and more.

Visit www.mnmsba.org/EventRegistrationHome for registration. Please ask your school district office to register you in advance. The adv nce registration fee is $230 ($250 for walk-in registrants).

Charter School Board Training | 8:30 a.m. to 3:30 p.m.Charter school board members can receive the state-required training in finance, governance, and

employment all in one day. Learn the basics of working successfully as a board and with your director.See www.mnmsba.org/Portals/0/PDFs/CharterRegistrationForm-August2016.pdf for a registration form.

Monday, August 8Summer Seminar | 8:45 a.m. to 4 p.m.

Visit www.mnmsba.org/EventRegistrationHome for registration. Please ask your school district office to register you in advance. The adv nce registration fee is $265 ($285 for walk-in registrants).

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Running a cash flow deficit? Apply by June 23 for MNTAAB’s borrowing pool

The MSBA-endorsed Minnesota Tax and Aid Anticipation Borrowing Program (MNTAAB) is available to any school district that expects to have a cash flow deficit in an operating fund or the capital expenditure fund. The power of pooled purchasing gives districts an advantage in the short-term debt market. It’s easy to participate, the borrowing costs are low, and the pool proceeds can be reinvested to provide a competitive rate of return to districts.

MNTAAB recently announced a summer cash flow borrowing pool for school districts. The pplication deadline is Thursday, June 23.

Please visit www.mnmsba.org/MNTAAB or check out the links below for more information.■ Borrowing pool announcement: www.mnmsba.org/Portals/0/PDFs/MNTAAB-2016-Postcard.pdf

■ Borrowing pool application:www.springsted.com/minnesota-tax-and-aid-anticipation-borrowing-pool-mntaab

■ Calendar of events for 2016 borrowing pool:www.mnmsba.org/Portals/0/PDFs/MNTABB-EventCalendar-2016.pdf

■ Borrowing pool results, 2011-2015:http://www.mnmsba.org/Portals/0/PDFs/MNTAAB-Results-2011-2015.pdf

■ Top questions: www.mnmsba.org/Portals/0/PDFs/MNTAAB-TopQuestions2016.pdf

Set your district’s direction with MSBA’s Strategic Planning ServicesDo you want to get everyone on the same page? Does your school board-superintendent team believe

improvement is important? If so, check out MSBA’s Strategic Planning Services. Effective school boards provide leadership to set high expectations for student achievement and learning. School boards accomplish this by clarifying the school district’s purpose and direction. MSBA’s experience and knowledge can help you put your district’s strategic plan on the right course. Visit www.mnmsba.org/StrategicPlanningServices — or contact MSBA’s Jeff Olson at [email protected] or 800-324-4459 for more information.

Model Student Handbook available to Policy Services membersMSBA’s Model Student Handbook helps school districts provide information

and required notices to students and parents or guardians. The Model Student Handbook is available to members of MSBA’s Policy Services for $625. The price will increase to $650 effective July 1, 2016. Direct questions to MSBA’s Cathy Miller at 800-324-4459 or [email protected].

Please see the fl er located at the end of

this document for more information.

Educational Equity in Action event scheduled for June 20-21 at the UThe University of Minnesota is hosting a convening of education leaders, researchers, policymakers, and

nonprofit organizations committed to improving educational equity in Minnesota. This Educational Equity in Action event will take place June 20-21. Visit z.umn.edu/edequityinaction for details and registration.

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Reminder: MSBAIT to endorse Marsh & McLennan Agency effective July 1, 2016

Effective July 1, the Minnesota School Boards Association Insurance Trust (MSBAIT) will no longer endorse Riverport Insurance Company. Instead, MSBAIT will endorse Marsh & McLennan Agency (MMA) for property, casualty and workers’ compensation insurance and risk management products and services for eligible MSBA members.

The MSBAIT Risk Protection Program leverages the experience, resources, and relationships of MSBAIT, MMA, and other insurance and risk management providers to benefit eligible MSBA members by providing:

■ Access to multiple, specialized school insurers.■ Focused risk management information, training, and education.■ Local insights, connections, services, and supports.■ Tailored premium, deductible, and coverage options.■ Proactive evaluation of school hazards and risks.

To receive the full benefits of the MSBAIT Risk Protection Program, eligible MSBA school districts must work directly with MMA or with their local, qualified agent through MMA.

For more information about the MSBAIT Risk Protection Program, visit www.marshmma.com/msbait or contact any one of the MMA representatives below:

■ Jodi Kelly — [email protected] or 763-548-8817■ Amy Diedrich — [email protected] or 763-548-8594■ John Siffert — [email protected] or 763-548-8816■ Tom Gallagher — [email protected] or 763-548-8815

Thank you for supporting MSBAIT and MSBA.

About the Minnesota School Boards Association Insurance TrustMSBAIT was established in 1972 by MSBA as a nonprofit vehicle. MSBAIT’s purpose was — and continues

to be — “to provide for its members and their employees and officials various forms of insurance, including any forms of permitted group insurance, for the benefit of school districts which are members of the MSBA and to effectuate cost savings in the procurement and administration of such insurance programs.”

More information about MSBAIT (and MSBA) is available at www.mnmsba.org/MSBAIT.

About Marsh & McLennan AgencyMarsh & McLennan Agency LLC is a subsidiary of Marsh established in 2008 to primarily serve the needs

of the middle market. In 2015, Marsh & McLennan expanded its national footprint into Canada. MMA offers commercial

property, casualty, personal lines, and employee benefits to midsize businesses and individuals across North America.

Visit www.marshmma.com/msbait for more information about what MMA offers school districts.

Please see the fl er located toward the end of this

document for more details about MSBAIT.

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The anagement Services Newsletter is published as a member service by the Minnesota School Boards Association, 1900 W. Jefferson Ave., St. Peter, MN 56082. This newsletter is edited by Associate Director of Communications Bruce Lombard. Call 800-324-4459 with any questions. Personnel Notes, Administrative Moves, Marketplace notices and other information can be e-mailed to [email protected] or faxed to 507-931-1515.

Job OpeningsPrincipals■ Buffalo-Hanover-Montrose — assistant principal | application deadline: June 20■ Cedar Mountain — 6-12 principal | application deadline: June 24■ Forest Lake Area — assistant junior high school principal | application deadline: June 20■ St. Louis County — principal | application deadline: open until filled

Other Administrators■ Duluth — assistant director of special services | application deadline: June 19■ Inver Grove Heights — director of learning | application deadline: open until filled

Visit www.mnmsba.org/DistrictJobOpenings for application/contact information.

Marketplace■ The St. Francis School District is placing some well-maintained buses up for bid through 10 a.m. August 1.

See https://docs.google.com/document/d/1NYpdx21SbZ0ntMmAOIXem57-NPNITvwngN_hV6bQAWAto view these buses. Direct questions to Dean Krause (763-753-7101 or [email protected]) or Steve Th rp (763-753-7106 or [email protected]).

Find your next school leader with MSBA’s Executive Search ServiceMSBA’s Executive Search Service assists school boards in recruiting and employing superintendents

or other district-level administrators. Our search service is grounded in its commitment to provide a collaborative, highly professional and efficient search process that supports school boards in fulfilling one of their most important responsibilities — hiring a superintendent. For more information, contact MSBA’s Sandy Gundlach at [email protected] or visit www.mnmsba.org/ExecutiveSearchService.

Visit www.mnmsba.org/MSDLAF for the latest Minnesota School

District Liquid Asset Fund Plus rates.www.facebook.com/mnmsba www.twitter.com/mnmsba

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Management Services Newsletter merging with Boardcaster; the new combined newsletter will be known as The eader

MSBA is merging the Management Services Newsletter with the Boardcaster to form a new, single newsletter that will be known as The Leader. This decision was made in response to last year’s MSBA Member Communication Survey, where members favored a more-streamlined approach to the communications they receive. Starting in September 2016, The Leader will be published on the first Tuesday and the third Tuesday of each month. The first edition of The Leader is scheduled to run Tuesday, September 6, 2016. The fi l edition of the Management Services Newsletter will be released either Thursday, July 14, or Thursday, July 21. (There will not be a Management Services Newsletter in August.) The final Boardcaster will run Tuesday, August 2.

Page 8: Management Services Newsletter · The resolutions can be found in the MSBA Service Manual, Chapter 14, Appendices 20 and 21. ... Registration is now open for the 2016 MSBA Summer

Protection assurance when you need it.

The Minnesota School Boards Association Insurance Trust (MSBAIT) endorses

companies with a proven record of service.

MSBAIT — addressing the needs of public schools’ risk-management programs since 1972

Denise [email protected]

Gary [email protected]

Quality Coverage and Service Tailor-Made for School DistrictsFind out what MSBAIT can do for your district.

Call 800-324-4459 or email one of your MSBAIT representatives today.Visit www.mnmsba.org/MSBAIT.

Property, Inland Marine, and CrimeWorkers’ Compensation

School Leaders’ Legal LiabilityAutomobile

Group Term LifeLong-Term Disability

General LiabilityExcess Liability

Introducing the MSBAIT Risk Protection ProgramVisit www.MarshMMA.com/schools for information.

Page 9: Management Services Newsletter · The resolutions can be found in the MSBA Service Manual, Chapter 14, Appendices 20 and 21. ... Registration is now open for the 2016 MSBA Summer

Minnesota School Boards Association1900 West Jefferson Avenue, St. Peter, MN 56082

Phone: 800-324-4459 | Website: www.mnmsba.org

MSBA’s Model Student Handbook helps school districts provide information and required notices to students and parents or guardians.

The Model Student Handbook includes:■ Four sections:

1. Information2. Academics3. Rules & Discipline4. Health & Safety

■ Notices that are required by law and/or policy ■ Table of contents for easy reference ■ Appendix of key MSBA Model Policies

referenced in handbook

Available to members of MSBA’s Policy Services for $625.The price will increase to $650 effective July 1, 2016.

For more information, contact MSBA’s Cathy Miller at 800-324-4459 or [email protected].

MINNESOTASCHOOL BOARDSASSOCIATION

Policy Services

Model Student Handbook