Minnesota Legislature
HF 2621
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/12/2012 03:20pm
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A bill for an act
relating to education; making certain special or independent school districts
subject to mayoral control; amending Minnesota Statutes 2010, section 128D.02;
proposing coding for new law in Minnesota Statutes, chapter 123A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[123A.695] CHANGE FROM INDEPENDENT TO MAYORAL
DISTRICT.
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new text begin Subdivision 1. new text end
new text begin Definition. new text end
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For the purposes of this section, "city" means a statutory
or home rule charter city with more than 250,000 residents located in the seven-county
metropolitan area.
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new text begin Subd. 2. new text end
new text begin Mayoral governance option. new text end
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The mayor of a city may govern an
independent school district with administrative offices in the city as provided in this
section if the mayor:
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(1) submits written notice of intent to govern the district to the commissioner by
September 1 in any calendar year;
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(2) within 90 days after submitting notice under clause (1):
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(i) holds at least one public meeting within the boundaries of the affected district
seeking public comment on changing district governance; and
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(ii) with assistance from district and department employees at the mayor's request,
develops and publishes a plan consistent with this section for governing the district; and
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(3) presents the published plan at a public meeting within the boundaries of the
affected district.
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A mayor who meets the requirements of this subdivision may govern the affected
district for ten consecutive school years beginning in the next school year after these
requirements are met. The transition to mayoral governance does not affect any collective
bargaining agreement then in effect or reduce the term of any then-serving school board
member. After the ten-school-year term expires, a school board subject to section 123B.09,
subdivision 1, shall govern the district unless otherwise specifically provided in law.
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new text begin Subd. 3. new text end
new text begin Mayoral governance requirements. new text end
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If the option for mayoral governance
is exercised, the care, management, supervision, conduct, and control of the school district
and all the powers and rights of school boards of independent school districts are as
provided in subdivisions 4 to 6.
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new text begin Subd. 4. new text end
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Mayoral appointment of school board, district administrator; powers
and duties.
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(a) Notwithstanding other law to the contrary, the mayor shall appoint a board
of education composed of seven members who reside in and reflect the diversity of the
city and a chief executive officer with recognized administrative ability and management
experience who manages the district and has all other powers and duties of the district
superintendent.
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(b) To assemble the members of the board of education, the mayor shall appoint a
qualified successor for each incumbent school board member at the time that member's
term expires. In the case of a six-member board, when appointing the initial three
successors, the mayor shall also appoint one additional qualified person to serve on the
board of education. In the case of a seven-member board, if the mayor initially appoints
three successors, the mayor shall also appoint one additional qualified person to serve
on the board of education, and appoint only three successors upon the expiration of all
remaining terms regardless of the number of terms expiring. The chief executive officer
is not required to hold a school superintendent license or other administrative license
under this section.
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(c) The powers and duties of the board of education include:
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(1) increasing the quality of education services in the school district;
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(2) implementing policies, programs, and strategies to increase challenging learning
opportunities targeted to diverse groups of students, increase student engagement and
connection and community and family partnerships, and improve the educational
outcomes of all groups of students enrolled in district schools so that students at least meet
or exceed statewide averages for proficiency in reading and mathematics and demonstrate
medium or high growth or, if students are not proficient in reading and mathematics,
they consistently demonstrate high growth;
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(3) reducing the cost of noneducational services and implementing cost-saving
measures;
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(4) developing a long-term financial plan;
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(5) streamlining and strengthening management of the system, including a
school-based budgeting process to refocus resources on student achievement;
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(6) enacting policies and procedures to ensure an ethical and efficient system;
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(7) establishing or repurposing local school or school site council advisory boards;
and
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(8) establishing organizational structures needed to efficiently and effectively
operate the system.
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(d) The members of the board of education serve staggered four-year terms.
Board members serve without compensation or reimbursement of expenses incurred in
performing board duties unless the mayor establishes a procedure to reimburse members
for reasonable and necessary expenses.
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new text begin Subd. 5. new text end
new text begin School site council. new text end
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Each school site located within a district subject to
mayoral governance must have an 11-member school site advisory council composed of
the school principal or other person having administrative control of the school, two
licensed teachers employed in the school, six parents of children enrolled in the school,
and two community residents. School site council members serve two-year terms and are
appointed by the school board of the district until the board of education under subdivision
4 is assembled, at which time the board of education shall make all subsequent school
site council appointments. School site council members must reflect the diversity of
the school site to the extent practicable.
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new text begin Subd. 6. new text end
new text begin Exemption; relation to home rule charter. new text end
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(a) Notwithstanding other law
to the contrary, school districts under this section are exempt from the statutes and rules
specified in section 124D.10, subdivision 7, to the extent the exemptions are consistent
with and required to implement the provisions of this section.
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(b) The authority in this section supersedes any home rule charter or ordinance
provision inconsistent or in conflict with this section.
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new text begin Subd. 7. new text end
new text begin Education advisory council. new text end
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The mayor shall appoint an education
advisory council composed of representatives of the business community with experience
in finance and management, parents of enrolled students, teachers and principals
currently employed in the schools, and other interested persons representing various
education-related service organizations and public and private nonprofit agencies, among
other interests. Advisory council members shall convene periodically and provide
advice to the mayor upon request. Members serve without compensation and without
reimbursement of expenses incurred in performing duties under this subdivision. The
education advisory council is subject to the open meeting law.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
Minnesota Statutes 2010, section 128D.02, is amended to read:
128D.02 deleted text begin BOARD OF EDUCATIONdeleted text end new text begin GOVERNING ENTITYnew text end LIKE
INDEPENDENT deleted text begin DISTRICT'Sdeleted text end new text begin DISTRICTSnew text end .
new text begin Subdivision 1. new text end
new text begin General authority. new text end
new text begin Except as provided in subdivision 2, new text end the
governing body of deleted text begin suchdeleted text end new text begin thenew text end school district shall be a board of education, which board
shall have the care, management, supervision, conduct, and control of the school district
and shall have all the powers and rights of school boards of independent school districts
except as otherwise stated.
new text begin Subd. 2. new text end
new text begin Mayoral governance option. new text end
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The provisions of section 123A.695 apply to
the option for implementing mayoral governance of the school district. If the option is
exercised, during the ten-school-year term, sections 128D.05; 128D.08, subdivisions 1, 3,
and 4; and 128D.14, do not apply. After the ten-school-year term expires, a school board
shall govern the district, subject to sections 128D.05; 128D.08, subdivisions 1, 3, and 4;
and 128D.14, unless otherwise specifically provided in law.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment
without local approval, as provided in Minnesota Statutes, section 645.023, subdivision 1.
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Sec. 3. new text begin POTENTIAL CONFLICTS.
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To the extent any conflicts with existing law arise under this act, the attorney general,
in collaboration with affected city attorneys, shall provide advice to implement this law to
the extent practicable and, if needed, propose legislation to resolve the conflicts.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 4. new text begin MAYORAL GOVERNANCE IMPLEMENTATION REPORT.
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Any mayor who exercises the mayoral governance option under Minnesota Statutes,
section 123A.695, must submit written recommendations to the legislative committees
with jurisdiction over kindergarten through grade 12 education finance and policy by
February 15, 2013, for fully implementing sections 1 and 2.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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