HF 2856

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2012 11:38am

A bill for an act
relating to education; establishing a State Board of Education; amending
Minnesota Statutes 2010, sections 120A.05, by adding a subdivision; 127A.05,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
127A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 120A.05, is amended by adding a
subdivision to read:

new text begin Subd. 14a. new text end

new text begin State Board of Education. new text end

new text begin "State Board of Education" or "state board"
means the State Board of Education established under section 127A.03 that is charged
with general supervision over educational agencies and other education-related matters.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 2.

new text begin [127A.03] STATE BOARD OF EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin State board established; appointments; meetings; conflict of
interest; administrative costs. new text end

new text begin (a) The Department of Education is maintained under
the direction of a State Board of Education composed of the following members: eight
representative citizens of the state, one of whom resides in each congressional district in
the state; and two at-large citizen members with recognized expertise in P-16 education
issues.
new text end

new text begin (b) The governor shall appoint the representative citizen members of the state board
with the advice and consent of the senate and house of representatives acting separately.
The State Board of Education annually shall elect one of its members as president, but no
member may serve as president more than three consecutive years.
new text end

new text begin (c) The State Board of Education shall hold meetings on dates and at places it
designates.
new text end

new text begin (d) No member shall hold any public office, or represent or be employed by any
board of education or school district, public or private, and shall not voluntarily have any
personal financial interest in any contract with a board of education or school district, or
be engaged in any capacity where a conflict of interest may arise.
new text end

new text begin (e) The administrative costs of the State Board of Education must be paid out of
Department of Education appropriations.
new text end

new text begin Subd. 2. new text end

new text begin Membership; compensation. new text end

new text begin The membership terms, compensation,
removal of members, and filling of vacancies on the state board are as provided in section
15.0575.
new text end

new text begin Subd. 3. new text end

new text begin Residency requirement. new text end

new text begin If a member ceases to be a resident of the
congressional district from which the member was appointed, the member shall cease
to be a member of the state board. The governor must appoint a successor within six
months thereafter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 3.

Minnesota Statutes 2010, section 127A.05, subdivision 1, is amended to read:

Subdivision 1.

Appointment and duties.

new text begin (a) new text end The department shall be under the
administrative control of the commissioner of education which office is established. The
deleted text begin governor deleted text end new text begin commissioner is the secretary of the State Board of Education. The State Board
of Education new text end shall appoint the commissioner under the provisions of section 15.06. new text begin For
purposes of section 15.06, the State Board of Education is the appointing authority.
new text end

new text begin (b) The commissioner shall serve as an ad hoc member of the board. new text end The
commissioner shall be a person who possesses educational attainment and breadth of
experience in the administration of public education and of the finances pertaining thereto
commensurate with the spirit and intent of this code. Notwithstanding any other law to the
contrary, the commissioner may appoint two deputy commissioners who shall serve in
the unclassified service. The commissioner shall also appoint other employees as may
be necessary for the organization of the department. The commissioner shall perform
such duties as the law and rules may provide and be held responsible for the efficient
administration and discipline of the department. The commissioner is charged with the
execution of powers and duties to promote public education in the state and to safeguard
the finances pertaining thereto.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 4. new text begin INITIAL STATE BOARD OF EDUCATION APPOINTMENTS.
new text end

new text begin (a) Initial appointments to the State Board of Education under Minnesota Statutes,
section 127A.03, are as follows:
new text end

new text begin (1) four members, at least one of whom resides in each of four congressional
districts serve a two-year term;
new text end

new text begin (2) four members, at least one of whom resides in each of the remaining four
congressional districts not represented under clause (1) serve a four-year term; and
new text end

new text begin (3) two at-large members serve a two-year term and may not serve more than three
consecutive terms.
new text end

new text begin (b) The membership terms, compensation, removal of members, and filling of
vacancies on the state board otherwise are as provided in Minnesota Statutes, section
15.0575.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes and Minnesota Rules, all references changed from the State
Board of Education to the commissioner of education and all authority transferred from
the State Board of Education to the commissioner of education under Laws 1998, chapter
398, and Laws 1999, chapter 241, shall be changed back to the State Board of Education.
Among other things, and as an illustration only, these changes shall affect the authority to
exercise general supervision over educational agencies and adopt or amend administrative
rules. In addition, and consistent with the provisions of this act, the revisor of statutes, in
consultation with house of representatives and senate counsel, shall make other necessary
changes affecting the powers and duties of the State Board of Education, consistent
with the law as it appeared in Minnesota Statutes 1996 and Minnesota Statutes 1997
Supplement, and in Minnesota Rules 1997 and supplements. The revisor shall prepare
a report to the 2014 legislature showing where these changes were made. The changes
identified by the revisor shall be effective January 1, 2015.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end