HF 354

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  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             2002, section 123B.09, subdivisions 1, 5; repealing 
  1.5             Minnesota Statutes 2002, sections 123B.09, subdivision 
  1.6             4; 123B.195. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 123B.09, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [POLICY; SCHOOL BOARD MEMBERSHIP.] (a) The 
  1.11  legislature finds that education, like family and religion, is a 
  1.12  basic foundation of our society.  Therefore, it is the policy of 
  1.13  the state that educational curricula and other education 
  1.14  policies be apolitical and nonpartisan.  
  1.15     (b) The care, management, and control of independent 
  1.16  districts is vested in a board of directors, consisting of seven 
  1.17  appointed members and an ex-officio member as may be provided by 
  1.18  law, to be known as the school board.  The term of office of a 
  1.19  member shall be four years commencing on the first Monday in 
  1.20  January and until a successor qualifies.  The membership of the 
  1.21  board shall consist of six elected directors together with such 
  1.22  ex officio member as may be provided by law.  The board may 
  1.23  submit to the electors at any school election the question 
  1.24  whether the board shall consist of seven members.  If a majority 
  1.25  of those voting on the proposition favor a seven-member board, a 
  1.26  seventh member shall be elected at the next election of 
  2.1   directors for a four-year term and thereafter the board shall 
  2.2   consist of seven members. 
  2.3      Those districts with a seven-member board may submit to the 
  2.4   electors at any school election at least 150 days before the 
  2.5   next election of three members of the board the question whether 
  2.6   the board shall consist of six members.  If a majority of those 
  2.7   voting on the proposition favor a six-member board instead of a 
  2.8   seven-member board, two members instead of three members shall 
  2.9   be elected at the next election of the board of directors and 
  2.10  thereafter the board shall consist of six members.  The seven 
  2.11  appointed members of the board shall be appointed by their peers 
  2.12  as follows: 
  2.13     (1) one elementary or secondary student; 
  2.14     (2) one elementary or secondary teacher; 
  2.15     (3) one business leader; 
  2.16     (4) one labor leader; 
  2.17     (5) one elementary or secondary PTSA member; 
  2.18     (6) one civic leader; and 
  2.19     (7) one senior citizen leader.  
  2.20     An appointed member shall serve on the board for as long as 
  2.21  the member is appointed by the member's peers.  There are no 
  2.22  term limits for appointed members serving on the board. 
  2.23     [EFFECTIVE DATE.] This section is effective January 1, 2008.
  2.24     Sec. 2.  Minnesota Statutes 2002, section 123B.09, 
  2.25  subdivision 5, is amended to read: 
  2.26     Subd. 5.  [APPOINTMENTS TO FILL VACANCIES.] Any other A 
  2.27  vacancy in a board must be filled by board appointment at a 
  2.28  regular or special meeting.  The appointment shall be evidenced 
  2.29  by a resolution entered in the minutes and shall continue until 
  2.30  an election is held under this subdivision a new member is 
  2.31  appointed under subdivision 1.  All elections to fill vacancies 
  2.32  shall be for the unexpired term.  If the vacancy occurs before 
  2.33  the first day to file affidavits of candidacy for the next 
  2.34  school district general election and more than two years remain 
  2.35  in the unexpired term, a special election shall be held in 
  2.36  conjunction with the school district general election.  The 
  3.1   appointed person shall serve until the qualification of the 
  3.2   successor elected to fill the unexpired part of the term at that 
  3.3   special election.  If the vacancy occurs on or after the first 
  3.4   day to file affidavits of candidacy for the school district 
  3.5   general election, or when less than two years remain in the 
  3.6   unexpired term, there shall be no special election to fill the 
  3.7   vacancy and the appointed person shall serve the remainder of 
  3.8   the unexpired term and until a successor is elected and 
  3.9   qualifies at the school district election. 
  3.10     [EFFECTIVE DATE.] This section is effective January 1, 2008.
  3.11     Sec. 3.  [REPEALER.] 
  3.12     Minnesota Statutes 2002, sections 123B.09, subdivision 4; 
  3.13  and 123B.195, are repealed. 
  3.14     [EFFECTIVE DATE.] This section is effective January 1, 2008.