HF 451

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; establishing a State Board of
Education; amending Minnesota Statutes 2004, section
120A.05, by adding a subdivision; 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 2004, 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

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. new text end

new text begin (a) The Department of Education
shall be maintained under the direction of a State Board of
Education composed of the following members: 12 representative
citizens of the state, at least one of whom shall reside in each
congressional district in the state; the chancellor of the
Minnesota State Colleges and Universities or the chancellor's
designee; and the president of the University of Minnesota or
the president's designee.
new text end

new text begin (b) Of the 12 representative citizens of the state who are
appointed to the State Board of Education, no fewer than four of
the members shall previously have served as an elected member of
a board of education of a school district.
new text end

new text begin (c) The governor shall appoint the representative citizen
members of the state board with the advice and consent of the
senate. One member shall be chosen annually as president, but
no member shall serve as president more than three consecutive
years.
new text end

new text begin (d) The State Board of Education shall hold its annual
meeting in August. It shall hold meetings on dates and at
places it designates. 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 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 shall be 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 shall 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 December 1,
2005.
new text end

Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In the next and subsequent editions of 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 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 2004 legislature showing where these changes
were made. The changes identified by the revisor shall be
effective December 1, 2003.
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