HF 881

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; establishing a state board of 
  1.3             education; providing for an elected state 
  1.4             superintendent of public instruction; changing the 
  1.5             name of the department of children, families, and 
  1.6             learning back to the department of education; 
  1.7             realigning responsibilities for public education 
  1.8             between the state board of education, the state 
  1.9             superintendent of public instruction, and the 
  1.10            department of education; charging a legislative task 
  1.11            force with making recommendations on allocating 
  1.12            resources and duties; amending Minnesota Statutes 
  1.13            2000, section 120A.05, by adding subdivisions; 
  1.14            proposing coding for new law in Minnesota Statutes, 
  1.15            chapter 127A.  
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2000, section 120A.05, is 
  1.18  amended by adding a subdivision to read: 
  1.19     Subd. 14a.  [STATE BOARD OF EDUCATION.] "State board of 
  1.20  education" or "state board" means the state board of education 
  1.21  established under section 127A.02 that is charged with general 
  1.22  supervision over educational agencies and other 
  1.23  education-related matters. 
  1.24     [EFFECTIVE DATE.] This section is effective January 1, 2003.
  1.25     Sec. 2.  Minnesota Statutes 2000, section 120A.05, is 
  1.26  amended by adding a subdivision to read: 
  1.27     Subd. 16a. [STATE SUPERINTENDENT OF PUBLIC 
  1.28  INSTRUCTION.] "State superintendent of public instruction" or 
  1.29  "state superintendent" means the state superintendent of public 
  1.30  instruction provided for under section 127A.03 who is charged 
  2.1   with administrative control of the department of education and 
  2.2   other education-related matters. 
  2.3      [EFFECTIVE DATE.] This section is effective January 1, 2003.
  2.4      Sec. 3.  [127A.02] [STATE BOARD OF EDUCATION.] 
  2.5      Subdivision 1.  [STATE BOARD ESTABLISHED; RESPONSIBILITIES; 
  2.6   MEETINGS; CONFLICT OF INTEREST.] (a) The department of education 
  2.7   shall be maintained under the direction of a state board of 
  2.8   education composed of eight elected representative citizens of 
  2.9   the state, one of whom shall reside in each congressional 
  2.10  district in the state. 
  2.11     (b) The state board of education has general supervision 
  2.12  over educational agencies and other education-related matters. 
  2.13     (c) The state board of education shall annually elect one 
  2.14  member as president but no member shall serve as president more 
  2.15  than three consecutive years.  It shall hold meetings on dates 
  2.16  and at places it designates.  
  2.17     (d) No member shall hold any public office, or represent or 
  2.18  be employed by any board of education or school district, public 
  2.19  or private, and shall not voluntarily have any personal 
  2.20  financial interest in any contract with a board of education or 
  2.21  school district, or be engaged in any capacity where a conflict 
  2.22  of interest may arise. 
  2.23     Subd. 2.  [ELECTIONS.] The members shall be elected to 
  2.24  staggered four-year terms.  The elections must be conducted 
  2.25  according to Minnesota election law as defined in sections 
  2.26  200.01 and 204D.08, subdivision 6.  The initial terms of the 
  2.27  elected board members must be determined by lot as follows:  
  2.28  four members must be elected to terms that expire December 31, 
  2.29  2005, and four members must be elected to terms that expire 
  2.30  December 31, 2007. 
  2.31     Subd. 3.  [COMPENSATION; VACANCIES.] (a) The compensation 
  2.32  for state board members shall be as provided in section 15.0575, 
  2.33  subdivision 3. 
  2.34     (b) A position on the state board may become vacant 
  2.35  according to chapter 351.  The governor shall appoint a suitable 
  2.36  person to a vacant position on the state board.  The person 
  3.1   shall serve on the state board until a successor is elected at 
  3.2   the next general election and qualified.  If applicable, the 
  3.3   successor shall complete the remaining two years of the term of 
  3.4   the board member whose position is vacant. 
  3.5      [EFFECTIVE DATE.] Subdivisions 1 and 3 are effective 
  3.6   January 1, 2003.  Subdivision 2 is effective January 1, 2002. 
  3.7      Sec. 4.  [127A.022] [RULEMAKING AUTHORITY; STATE BOARD OF 
  3.8   EDUCATION; STATE SUPERINTENDENT OF PUBLIC INSTRUCTION'S VETO.] 
  3.9      (a) Subject to chapter 14, the state board of education may 
  3.10  adopt new rules and amend any of its existing rules only under 
  3.11  specific authority.  The state board of education may make 
  3.12  technical changes or corrections to its existing rules or it may 
  3.13  repeal any of its existing rules.  Notwithstanding the 
  3.14  provisions of section 14.05, subdivision 4, the state board of 
  3.15  education may grant a variance to its rules upon application by 
  3.16  a school district for purposes of implementing experimental 
  3.17  programs in learning or school management. 
  3.18     (b) Before the state board of education finally adopts a 
  3.19  rule, the board must present the proposed rule to the state 
  3.20  superintendent of public instruction.  The state superintendent 
  3.21  may veto the proposed rule in its entirety by notifying the 
  3.22  board of the veto within 60 days after the state superintendent 
  3.23  receives the proposed rule from the board.  The state board of 
  3.24  education may reconsider any rule that the state superintendent 
  3.25  vetoes and if six board members vote within 30 days of the 
  3.26  notice of the veto to adopt the rule, the board may proceed to 
  3.27  adopt the rule. 
  3.28     [EFFECTIVE DATE.] This section is effective January 1, 2003.
  3.29     Sec. 5.  [127A.03] [STATE SUPERINTENDENT OF PUBLIC 
  3.30  INSTRUCTION.] 
  3.31     Subdivision 1.  [GENERAL AUTHORITY.] The department of 
  3.32  education is under the administrative control of the state 
  3.33  superintendent of public instruction.  The state superintendent 
  3.34  is elected according to subdivision 2.  The state superintendent 
  3.35  has the general powers provided in section 15.06, subdivisions 6 
  3.36  to 9.  Section 15.06, subdivisions 6 to 9, shall apply as though 
  4.1   the state superintendent of public instruction were a 
  4.2   commissioner. 
  4.3      Subd. 2.  [ELECTION OF STATE SUPERINTENDENT OF PUBLIC 
  4.4   INSTRUCTION.] The term of office for the state superintendent of 
  4.5   public instruction is four years and until a successor is 
  4.6   elected and qualified.  The election shall be conducted 
  4.7   according to the Minnesota election law as defined in section 
  4.8   200.01 and the office of state superintendent of public 
  4.9   instruction shall be filled at the state general election in the 
  4.10  manner specified by the Minnesota election law, and section 
  4.11  204D.08, subdivision 6. 
  4.12     Subd. 3.  [DUTIES OF STATE SUPERINTENDENT OF PUBLIC 
  4.13  INSTRUCTION; DEPARTMENT OF EDUCATION.] The state superintendent 
  4.14  of public instruction shall exercise administrative control over 
  4.15  the department of education. 
  4.16     Subd. 4.  [COMPENSATION.] The salary of the state 
  4.17  superintendent of public instruction must be established 
  4.18  according to the procedure in section 15A.0815, in the same 
  4.19  range as that specified for the commissioner of finance. 
  4.20     Subd. 5.  [VACANCY.] The position of the state 
  4.21  superintendent of public instruction may become vacant according 
  4.22  to chapter 351.  The governor shall appoint a suitable person to 
  4.23  the vacant position.  The person appointed shall serve as the 
  4.24  state superintendent of public instruction until a successor is 
  4.25  elected at the next general election and qualified.  If 
  4.26  applicable, the successor shall complete the remaining two years 
  4.27  of the state superintendent whose position is vacant. 
  4.28     [EFFECTIVE DATE.] Subdivisions 1, 3, 4, and 5 are effective 
  4.29  January 1, 2003.  Subdivision 2 is effective January 1, 2002.  
  4.30     Sec. 6.  [TRANSITION PROVISIONS.] 
  4.31     The initial election for the state superintendent of public 
  4.32  instruction must be held during the general election of 2002 and 
  4.33  must be for a term of two years.  Thereafter, the election for 
  4.34  the state superintendent of public instruction must be held 
  4.35  every four years during the general election. 
  4.36     [EFFECTIVE DATE.] This section is effective January 1, 2002.
  5.1      Sec. 7.  [LEGISLATIVE TASK FORCE.] 
  5.2      The chair of the house education policy committee and the 
  5.3   chair of the senate education committee shall each appoint from 
  5.4   their respective committees three members of the majority party 
  5.5   and two members of the minority party to serve on a 2001 interim 
  5.6   legislative task force.  The legislative task force shall 
  5.7   recommend to the 2002 legislature, consistent with the 
  5.8   provisions of this act, how best to allocate financial and staff 
  5.9   resources and education policy-related duties between the state 
  5.10  board of education and the state superintendent of public 
  5.11  instruction.  The legislative task force shall present its 
  5.12  written recommendations by February 15, 2002, to the education 
  5.13  committees of the legislature.  Legislative staff in the house 
  5.14  and senate shall assist the task force members upon request.  
  5.15  This legislative task force expires when its written 
  5.16  recommendations are completed or by February 15, 2002, whichever 
  5.17  comes first. 
  5.18     [EFFECTIVE DATE.] This section is effective the day 
  5.19  following final enactment.  
  5.20     Sec. 8.  [REVISOR'S INSTRUCTION.] 
  5.21     In the next and subsequent editions of Minnesota Statutes 
  5.22  and Minnesota Rules, the revisor of statutes shall make the 
  5.23  following changes: 
  5.24     (1) all references changed from the state board of 
  5.25  education to the commissioner of children, families, and 
  5.26  learning and all authority transferred from the state board of 
  5.27  education to the commissioner of children, families, and 
  5.28  learning under Laws 1998, chapter 398, and Laws 1999, chapter 
  5.29  241, shall be changed back to the state board of education, 
  5.30  except that rulemaking authority by the state board of education 
  5.31  must be consistent with Minnesota Statutes, section 127A.022; 
  5.32     (2) all references to the commissioner of the department of 
  5.33  children, families, and learning shall be changed to the state 
  5.34  superintendent of public instruction; and 
  5.35     (3) all references to the department of children, families, 
  5.36  and learning shall be changed to the department of education. 
  6.1   In addition, and consistent with the provisions of this act, the 
  6.2   revisor of statutes, in consultation with house and senate 
  6.3   counsel, shall prepare a bill for the 2002 legislature making 
  6.4   other necessary changes affecting the powers and duties of the 
  6.5   state board of education to reflect the content of the law as it 
  6.6   appeared in Minnesota Statutes 1996 and Minnesota Statutes 1997 
  6.7   Supplement, and in Minnesota Rules 1997 and supplements. 
  6.8      [EFFECTIVE DATE.] This section is effective the day 
  6.9   following final enactment.