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　　123B.70 School district construction.

　　Subdivision 1. Commissioner approval. In determining

　　whether to give a school facility a positive, negative, or

　　unfavorable review and comment, the commissioner must evaluate

　　the proposals for facilities using the information provided

　　under section 123B.71, subdivision 9.

　　Subd. 2. Positive review and comment. If the

　　commissioner submits a positive review and comment for a

　　proposal according to section 123B.71, the school board may

　　proceed with the construction according to the requirements of

　　applicable laws.

　　Subd. 3. Negative review and comment. (a) If the

　　commissioner submits a negative review and comment for a

　　proposal according to section 123B.71, the following steps must

　　be taken:

　　(1) the commissioner must notify the school board of the

　　proposed negative review and comment and schedule a public

　　meeting within 60 days of the notification within that school

　　district to discuss the proposed negative review and comment on

　　the school facility; and

　　(2) the school board shall appoint an advisory task force

　　of up to five members to advise the school board and the

　　commissioner on the advantages, disadvantages, and alternatives

　　to the proposed facility at the public meeting. One member of

　　the advisory task force must also be a member of the county

　　facilities group.

　　(b) After attending the public meeting, the commissioner

　　shall reconsider the proposal. If the commissioner submits a

　　negative review and comment, the school board may appeal that

　　decision under chapter 14.

　　(c) A school board may not proceed with construction if the

　　commissioner's negative review and comment is upheld or if the

　　commissioner's negative review and comment is not appealed.

　　Subd. 4. Unfavorable review and comment. If the

　　commissioner submits an unfavorable review and comment for a

　　proposal under section 123B.71, the school board, by resolution

　　of the board, must reconsider construction. If, upon

　　reconsideration, the school board decides to proceed with

　　construction, it may initiate proceedings for issuing bonds to

　　finance construction under chapter 475. Unless 60 percent of

　　the voters at the election approve of issuing the obligations,

　　the board is not authorized to issue the obligations.

　　HIST: 1988 c 718 art 8 s 1; 1990 c 562 art 5 s 1; 1991 c 265

　　art 5 s 1; 1992 c 499 art 5 s 1; 1996 c 399 art 2 s 2; 1998 c

　　397 art 1 s 58; art 11 s 3; 1998 c 398 art 6 s 3; 2000 c 254 s

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