HF 1826

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; realigning certain 
  1.3             responsibilities, duties, and authorities; 
  1.4             appropriating money; amending Minnesota Statutes 1994, 
  1.5             sections 121.02, subdivisions 1, 2a, and 3; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 
  1.7             128A; repealing Minnesota Statutes 1994, sections 
  1.8             121.02, subdivision 4; 121.03; and 121.04. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 121.02, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  A state department of education is hereby 
  1.13  created which shall be maintained under the direction of A state 
  1.14  board of education teaching and learning is established.  It 
  1.15  shall be composed of nine representative citizens of the state, 
  1.16  at least one of whom shall reside in each congressional district 
  1.17  in the state. 
  1.18     Of the nine representative citizens of the state who are 
  1.19  appointed to the state board of education not less than three 
  1.20  members thereof shall previously thereto have served as an 
  1.21  elected member of a board of education of a school district 
  1.22  however organized. 
  1.23     The members of the state board of teaching and learning 
  1.24  shall be appointed by the governor, with the advice and consent 
  1.25  of the senate.  One member shall be chosen annually as 
  1.26  president, but no member shall serve as president more than 
  1.27  three consecutive years.  The state board of teaching and 
  2.1   learning shall hold its annual meeting in August.  It shall hold 
  2.2   meetings on dates and at places as it designates.  No member 
  2.3   shall hold any public office, or represent or be employed by any 
  2.4   board of education or school district, public or private, and 
  2.5   shall not voluntarily have any personal financial interest in 
  2.6   any contract with a board of education or school district, or be 
  2.7   engaged in any capacity where a conflict of interest may arise.  
  2.8   The state board of teaching and learning shall advise the 
  2.9   director of the office of strategic and long-range planning on 
  2.10  matters relating to elementary and secondary education. 
  2.11     Sec. 2.  Minnesota Statutes 1994, section 121.02, 
  2.12  subdivision 2a, is amended to read: 
  2.13     Subd. 2a.  The membership terms, compensation, removal of 
  2.14  members, and filling of vacancies on the board of teaching and 
  2.15  learning shall be as provided in section 15.0575. 
  2.16     Sec. 3.  Minnesota Statutes 1994, section 121.02, 
  2.17  subdivision 3, is amended to read: 
  2.18     Subd. 3.  If a member ceases to be a resident of the 
  2.19  congressional district from which appointed the member shall 
  2.20  cease to be a member of the board of teaching and learning.  The 
  2.21  governor shall appoint a successor within six months thereafter. 
  2.22     Sec. 4.  [128A.011] [FARIBAULT ACADEMIES BOARD OF 
  2.23  COMMISSIONERS.] 
  2.24     Subdivision 1.  The Faribault academies shall be maintained 
  2.25  under the direction of the Faribault academies board of 
  2.26  commissioners composed of five citizens of the state. 
  2.27     The members of the Faribault academies board of 
  2.28  commissioners shall be appointed by the governor.  One member 
  2.29  shall be chosen annually as president, but no member shall serve 
  2.30  as president more than three consecutive years.  The Faribault 
  2.31  academies board of commissioners shall hold its annual meeting 
  2.32  in August.  It shall hold meetings on dates and at places as it 
  2.33  designates.  No member shall hold any public office, or 
  2.34  represent or be employed by any board of education or school 
  2.35  district, public or private, and shall not voluntarily have any 
  2.36  personal financial interest in any contract with the Faribault 
  3.1   academies, or be engaged in any capacity where a conflict of 
  3.2   interest may arise. 
  3.3      Subd. 2.  The membership terms, compensation, removal of 
  3.4   members, and filling of vacancies on the board shall be as 
  3.5   provided in section 15.0575. 
  3.6      Sec. 5.  [STRATEGIC AND LONG-RANGE PLANNING DUTIES.] 
  3.7      The director of the office of strategic and long-range 
  3.8   planning shall: 
  3.9      (1) develop an interagency management committee to 
  3.10  facilitate how the state agencies will carry out legislative 
  3.11  education policy; and 
  3.12     (2) develop a process for obtaining information from local 
  3.13  districts regarding how well they are being served by the "new 
  3.14  structure." 
  3.15     Sec. 6.  [TRANSFER OF AUTHORITIES AND RESPONSIBILITIES.] 
  3.16     Subdivision 1.  [REALIGNMENT.] The position and duties of 
  3.17  commissioner of education and the responsibilities of the 
  3.18  department of education are realigned as provided in this act. 
  3.19     Subd. 2.  [TRANSFERS.] The responsibilities and authorities 
  3.20  associated with the information and technology activity and the 
  3.21  library development activity as described in the 1996-1997 
  3.22  biennial budget proposal for the department of education are 
  3.23  transferred to the department of administration. 
  3.24     The responsibilities and authorities associated with the 
  3.25  student transportation safety activity as described in the 
  3.26  1996-1997 biennial budget proposal for the department of 
  3.27  education are transferred to the department of public safety. 
  3.28     The responsibilities and authorities associated with the 
  3.29  food and nutrition activity as described in the 1996-1997 
  3.30  biennial budget proposal for the department of education are 
  3.31  transferred to the department of agriculture. 
  3.32     The responsibilities and authorities associated with the 
  3.33  facilities and organization activities as described in the 
  3.34  1996-1997 biennial budget proposal for the department of 
  3.35  education are transferred to the department of administration. 
  3.36     The responsibilities and authorities associated with the 
  4.1   office of finance reform and accountability, and the data 
  4.2   management activity as described in the 1996-1997 biennial 
  4.3   budget proposal for the department of education are transferred 
  4.4   to the department of finance. 
  4.5      The responsibilities and authorities associated with the 
  4.6   office of teaching and learning, the office of service 
  4.7   brokerage, the SciMath activity, the board of teaching, the 
  4.8   personnel licensing activity, the office of desegregation, and 
  4.9   the Minnesota academic excellence foundation as described in the 
  4.10  1996-1997 biennial budget proposal for the department of 
  4.11  education are transferred to the office of strategic and 
  4.12  long-range planning. 
  4.13     The responsibilities and authorities associated with the 
  4.14  career preparation function including the lifework development 
  4.15  activity as described in the 1996-1997 biennial budget proposal 
  4.16  for the department of education are transferred to the office of 
  4.17  strategic and long-range planning. 
  4.18     The responsibilities and authorities associated with the 
  4.19  state and federal programs activity, the special education 
  4.20  activity, the office of service design and collaboration, the 
  4.21  office of monitoring and compliance, and the Indian education 
  4.22  activity as reflected in the 1996-1997 biennial budget proposal 
  4.23  for the department of education are transferred to the 
  4.24  department of human services. 
  4.25     Responsibilities and authorities associated with all other 
  4.26  activities described in the 1996-1997 biennial budget document 
  4.27  for the department of education are transferred to the 
  4.28  commissioner of administration. 
  4.29     Sec. 7.  [REVISOR INSTRUCTION.] 
  4.30     The revisor of statutes shall identify in Minnesota 
  4.31  Statutes and Minnesota Rules all references to the commissioner 
  4.32  of education, the department of education, and the state board 
  4.33  of education and shall make the following terminology changes: 
  4.34     (1) references to the commissioner of education shall be 
  4.35  changed to the commissioner of the department to which the 
  4.36  responsibilities and authorities were transferred according to 
  5.1   section 6, subdivision 2; 
  5.2      (2) references to the state board of education in Minnesota 
  5.3   Statutes, chapter 128A, shall be changed to the Faribault 
  5.4   academies board of commissioners; 
  5.5      (3) references in other sections of Minnesota Statutes to 
  5.6   the state board of education and the rulemaking authority of the 
  5.7   state board of education or the department of education shall be 
  5.8   changed to the department to which the responsibilities and 
  5.9   authorities were transferred according to section 6, subdivision 
  5.10  2; and 
  5.11     (4) references involving both the commissioner of education 
  5.12  and the state board of education shall be changed to the 
  5.13  commissioner of the department to which the responsibilities and 
  5.14  authorities were transferred according to section 6, subdivision 
  5.15  2. 
  5.16     The revisor shall prepare a report for the 1996 legislature 
  5.17  showing where these changes were made. 
  5.18     The changes identified by the revisor shall be made 
  5.19  effective October 1, 1995, pursuant to the effective date of 
  5.20  section 2. 
  5.21     Sec. 8.  [APPROPRIATIONS.] 
  5.22     The following amounts are appropriated from the general 
  5.23  fund to the departments to which responsibilities were 
  5.24  transferred: 
  5.25                                         FY 1996       FY 1997
  5.26   department of administration          .......       .......
  5.27   department of public safety           .......       .......
  5.28   department of agriculture             .......       .......
  5.29   department of revenue                 .......       .......
  5.30   office of strategic
  5.31      and long-range planning            .......       .......
  5.32   department of human services          .......       .......
  5.33     Sec. 9.  [REPEALER.] 
  5.34     Minnesota Statutes 1994, sections 121.02, subdivision 4; 
  5.35  121.03; and 121.04, are repealed. 
  5.36     Sec. 10.  [EFFECTIVE DATE.] 
  6.1      Section 6, subdivision 1, and section 5, are effective 
  6.2   September 30, 1995.  Section 6, subdivision 2, and sections 1, 
  6.3   2, 3, 4, and 7, are effective October 1, 1995.