1.1                          A bill for an act 
  1.2             relating to education; establishing a State Board of 
  1.3             Education; amending Minnesota Statutes 2002, section 
  1.4             120A.05, by adding a subdivision; Minnesota Statutes 
  1.5             2003 Supplement, section 127A.05, subdivision 1; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 127A.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 120A.05, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 14a.  [STATE BOARD OF EDUCATION.] "State Board of 
  1.12  Education" or "state board" means the State Board of Education 
  1.13  established under section 127A.03 that is charged with general 
  1.14  supervision over educational agencies and other 
  1.15  education-related matters. 
  1.16     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2005.
  1.17     Sec. 2.  [127A.03] [STATE BOARD OF EDUCATION.] 
  1.18     Subdivision 1.  [STATE BOARD ESTABLISHED; APPOINTMENTS; 
  1.19  MEETINGS; CONFLICT OF INTEREST; ADMINISTRATIVE COSTS.] (a) The 
  1.20  Department of Education is maintained under the direction of a 
  1.21  State Board of Education composed of the following members:  
  1.22  eight representative citizens of the state, one of whom resides 
  1.23  in each congressional district in the state. 
  1.24     (b) The governor appoints the representative citizen 
  1.25  members of the state board with the advice and consent of the 
  1.26  senate.  The State Board of Education annually elects one of its 
  2.1   members as president, but no member serves as president more 
  2.2   than three consecutive years. 
  2.3      (c) The State Board of Education holds meetings on dates 
  2.4   and at places it designates. 
  2.5      (d) No member shall hold any public office, or represent or 
  2.6   be employed by any board of education or school district, public 
  2.7   or private, and shall not voluntarily have any personal 
  2.8   financial interest in any contract with a board of education or 
  2.9   school district, or be engaged in any capacity where a conflict 
  2.10  of interest may arise. 
  2.11     (e) The administrative costs of the State Board of 
  2.12  Education must be paid out of Department of Education 
  2.13  appropriations. 
  2.14     Subd. 2.  [MEMBERSHIP; COMPENSATION.] The membership terms, 
  2.15  compensation, removal of members, and filling of vacancies on 
  2.16  the state board are as provided in section 15.0575. 
  2.17     Subd. 3.  [RESIDENCY REQUIREMENT.] If a member ceases to be 
  2.18  a resident of the congressional district from which the member 
  2.19  was appointed, the member ceases to be a member of the state 
  2.20  board.  The governor must appoint a successor within six months 
  2.21  thereafter. 
  2.22     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2005.
  2.23     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  2.24  127A.05, subdivision 1, is amended to read: 
  2.25     Subdivision 1.  [APPOINTMENT AND DUTIES.] (a) The 
  2.26  department shall be under the administrative control of the 
  2.27  commissioner of education which office is established.  The 
  2.28  governor commissioner is the secretary of the State Board of 
  2.29  Education.  The State Board of Education shall appoint the 
  2.30  commissioner under the provisions of section 15.06.  For 
  2.31  purposes of section 15.06, the State Board of Education is the 
  2.32  appointing authority.  
  2.33     (b) The commissioner serves at the pleasure of the board. 
  2.34     (c) The commissioner shall be a person who possesses 
  2.35  educational attainment and breadth of experience in the 
  2.36  administration of public education and of the finances 
  3.1   pertaining thereto commensurate with the spirit and intent of 
  3.2   this code.  Notwithstanding any other law to the contrary, the 
  3.3   commissioner may appoint two deputy commissioners who shall 
  3.4   serve in the unclassified service.  The commissioner shall also 
  3.5   appoint other employees as may be necessary for the organization 
  3.6   of the department.  The commissioner shall perform such duties 
  3.7   as the law and rules may provide and be held responsible for the 
  3.8   efficient administration and discipline of the department.  The 
  3.9   commissioner is charged with the execution of powers and duties 
  3.10  to promote public education in the state and to safeguard the 
  3.11  finances pertaining thereto. 
  3.12     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2007.
  3.13     Sec. 4.  [INITIAL STATE BOARD OF EDUCATION APPOINTMENTS.] 
  3.14     Initial appointments to the State Board of Education under 
  3.15  section 2 are as follows: 
  3.16     (1) four members, at least one of whom resides in each of 
  3.17  four congressional districts serve a two-year term; and 
  3.18     (2) four members, at least one of whom resides in each of 
  3.19  the remaining four congressional districts not represented under 
  3.20  clause (1) serve a four-year term. 
  3.21  The membership terms, compensation, removal of members, and 
  3.22  filling of vacancies on the state board otherwise are as 
  3.23  provided in Minnesota Statutes, section 15.0575. 
  3.24     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  3.25  following final enactment. 
  3.26     Sec. 5.  [REVISOR'S INSTRUCTION.] 
  3.27     In the next and subsequent editions of Minnesota Statutes 
  3.28  and Minnesota Rules, all references changed from the State Board 
  3.29  of Education to the commissioner of education and all authority 
  3.30  transferred from the State Board of Education to the 
  3.31  commissioner of education under Laws 1998, chapter 398, and Laws 
  3.32  1999, chapter 241, shall be changed back to the State Board of 
  3.33  Education.  Among other things, and as an illustration only, 
  3.34  these changes shall affect the authority to exercise general 
  3.35  supervision over educational agencies and adopt or amend 
  3.36  administrative rules.  In addition, and consistent with the 
  4.1   provisions of this act, the revisor of statutes, in consultation 
  4.2   with house and senate counsel, shall make other necessary 
  4.3   changes affecting the powers and duties of the State Board of 
  4.4   Education, consistent with the law as it appeared in Minnesota 
  4.5   Statutes 1996 and Minnesota Statutes 1997 Supplement, and in 
  4.6   Minnesota Rules 1997 and supplements.  The revisor shall prepare 
  4.7   a report to the 2005 legislature showing where these changes 
  4.8   were made.  The changes identified by the revisor shall be 
  4.9   effective January 1, 2005. 
  4.10     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  4.11  following final enactment.