1.1                          A bill for an act 
  1.2             relating to education; modifying the membership of 
  1.3             district school boards; amending Minnesota Statutes 
  1.4             2000, section 123B.09, subdivisions 1, 4, 5; repealing 
  1.5             Minnesota Statutes 2000, section 123B.195. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 123B.09, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [POLICY; SCHOOL BOARD MEMBERSHIP.] (a) The 
  1.10  legislature finds that education, like family and religion, is a 
  1.11  basic foundation of our society.  Therefore, it is the policy of 
  1.12  the state that educational curricula and other education 
  1.13  policies be apolitical and nonpartisan.  
  1.14     (b) The care, management, and control of independent 
  1.15  districts is vested in a board of directors, consisting of six 
  1.16  elected members, seven appointed members, and an ex-officio 
  1.17  member as may be provided by law, to be known as the school 
  1.18  board.  The term of office of ~~a~~ an elected member shall be four 
  1.19  years commencing on the first Monday in January and until a 
  1.20  successor qualifies.  ~~The membership of the board shall consist~~ 
  1.21  ~~of six elected directors together with such ex officio member as~~ 
  1.22  ~~may be provided by law.~~  The board may submit to the electors at 
  1.23  any school election the question whether the board shall consist 
  1.24  of seven elected members.  If a majority of those voting on the 
  1.25  proposition favor ~~a seven-member~~ seven elected members on the 
  2.1   board, a seventh member shall be elected at the next election of 
  2.2   directors for a four-year term and thereafter the board shall 
  2.3   consist of seven elected members. 
  2.4      Those districts with ~~a seven-member~~ seven elected members 
  2.5   on the board may submit to the electors at any school election 
  2.6   at least 150 days before the next election of three members of 
  2.7   the board the question whether the board shall consist of 
  2.8   six elected members.  If a majority of those voting on the 
  2.9   proposition favor ~~a six-member~~ six elected members on the board 
  2.10  instead of ~~a seven-member~~ seven elected members on the board, 
  2.11  two members instead of three members shall be elected at the 
  2.12  next election of the board of directors and thereafter the board 
  2.13  shall consist of six elected members. 
  2.14     (c) The seven appointed members of the board shall be 
  2.15  appointed by their peers as follows: 
  2.16     (1) one elementary or secondary student; 
  2.17     (2) one elementary or secondary teacher; 
  2.18     (3) one business leader; 
  2.19     (4) one labor leader; 
  2.20     (5) one elementary or secondary PTSA member; 
  2.21     (6) one civic leader; and 
  2.22     (7) one senior citizen leader.  
  2.23     An appointed member shall serve on the board for as long as 
  2.24  the member is appointed by the member's peers.  There are no 
  2.25  term limits for appointed members serving on the board. 
  2.26     Sec. 2.  Minnesota Statutes 2000, section 123B.09, 
  2.27  subdivision 4, is amended to read: 
  2.28     Subd. 4.  [ILL OR ABSENT MEMBER.] A vacancy caused by a 
  2.29  member being unable to serve on such board and attend its 
  2.30  meetings for not less than 90 days because of illness or 
  2.31  prolonged absence from the district, may, after the board has by 
  2.32  resolution declared such vacancy to exist, be filled by the 
  2.33  board at any regular or special meeting thereof for the 
  2.34  remainder of the unexpired term of a member elected under 
  2.35  subdivision 1, paragraph (b), until a new member is appointed 
  2.36  under subdivision 1, paragraph (c), or until such ill or absent 
  3.1   member is again able to resume duties as a member of such board, 
  3.2   whichever date is earliest.  When the ill or absent member is 
  3.3   able to resume duties as a member of the board, the board must 
  3.4   by resolution so determine and declare such person to be again a 
  3.5   member of the board, and the member appointed by the board to be 
  3.6   no longer a member thereof. 
  3.7      Sec. 3.  Minnesota Statutes 2000, section 123B.09, 
  3.8   subdivision 5, is amended to read: 
  3.9      Subd. 5.  [APPOINTMENTS TO FILL VACANCIES.] Any other 
  3.10  vacancy in a board must be filled by board appointment at a 
  3.11  regular or special meeting.  The appointment shall be evidenced 
  3.12  by a resolution entered in the minutes and shall continue until 
  3.13  an election is held under this subdivision for an elected member 
  3.14  under subdivision 1, paragraph (b), or a new member is appointed 
  3.15  under subdivision 1, paragraph (c).  All elections to fill 
  3.16  vacancies shall be for the unexpired term.  If the vacancy 
  3.17  occurs before the first day to file affidavits of candidacy for 
  3.18  the next school district general election and more than two 
  3.19  years remain in the unexpired term, a special election shall be 
  3.20  held in conjunction with the school district general election.  
  3.21  The ~~appointed~~ person appointed to an elected member position 
  3.22  shall serve until the qualification of the successor elected to 
  3.23  fill the unexpired part of the term at that special election.  
  3.24  If the vacancy occurs on or after the first day to file 
  3.25  affidavits of candidacy for the school district general 
  3.26  election, or when less than two years remain in the unexpired 
  3.27  term, there shall be no special election to fill the vacancy and 
  3.28  the appointed person shall serve the remainder of the unexpired 
  3.29  term and until a successor is elected and qualifies at the 
  3.30  school district election. 
  3.31     Sec. 4.  [REPEALER.] 
  3.32     Minnesota Statutes 2000, section 123B.195, is repealed. 
  3.33     Sec. 5.  [EFFECTIVE DATE.] 
  3.34     Sections 1 to 4 are effective January 1, 2006.