SF 5187

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/03/2024 11:36am

A bill for an act
relating to education; modifying school board membership requirements; expanding
school board membership to include student members; amending Minnesota
Statutes 2022, sections 123B.09; 128.01; 128D.05; 128D.055, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 123B.09, is amended to read:

123B.09 BOARDS OF INDEPENDENT SCHOOL DISTRICTS.

Subdivision 1.

School board membership.

new text begin (a) new text end The care, management, and control of
independent districts is vested in a board of directors, to be known as the school board. The
term of office of deleted text begin a deleted text end new text begin an elected new text end member shall be four years commencing on the first Monday
in January and until a successor qualifies. The membership of the board shall consist of six
elected directors together with such ex officio member as may be provided by law new text begin , in addition
to the student members selected under subdivision 1b new text end . The board may submit to the electors
at any school election the question whether the board shall consist of seven members. If a
majority of those voting on the proposition favor a seven-member board, a seventh member
shall be elected at the next election of directors for a four-year term and thereafter the board
shall consist of seven members.

new text begin (b) new text end Those districts with a seven-member board may submit to the electors at any school
election at least 150 days before the next election of three members of the board the question
whether the board shall consist of six members. If a majority of those voting on the
proposition favor a six-member board instead of a seven-member board, three members
instead of four members shall be elected at the next election of the board of directors and
thereafter the board shall consist of six members.

new text begin (c) An "elected member," as used in this section, means a voting member elected under
chapter 205A or appointed to fill a vacancy under subdivision 5b. An elected member does
not include a student member selected under subdivision 1b.
new text end

Subd. 1a.

Sex offender school board ineligibility.

A sex offender who has been
convicted of an offense for which registration under section 243.166 is required is ineligible
to become a candidate for the office of school board member, as defined in subdivision 1 new text begin ,
or a student member under subdivision 1b new text end . Ineligibility is determined by the registration
requirements in effect at the time the offender files for office, not by the registration
requirements, if any, that were in effect at the time the offender was convicted.

new text begin Subd. 1b. new text end

new text begin Student members. new text end

new text begin (a) Starting in the 2024-2025 school year and later, elected
members of the school board must establish a process to select two students enrolled in the
district to be named to the school board. A student is eligible to serve as a student member
if the student is a resident of the district, and is enrolled in the district at the time of the
selection, in grade 9, 10, 11, or 12. The selection process must include an opportunity for
enrolled students in grades 9 through 12 to vote for the student member. A student member
must remain a resident of the district and enrolled in the district through the student member's
term. The term of a student member is two years, beginning on July 1 following the student
member's selection. A student member may serve no more than two terms.
new text end

new text begin (b) A student member may be removed from the board under subdivision 9. A vacancy
of a student member position may be filled by a process established by the elected members
of the school board.
new text end

new text begin (c) A student member may attend meetings, introduce items for inclusion on a board
agenda, participate in discussion, and vote on any matter before the board.
new text end

new text begin (d) Students of diverse racial and ethnic backgrounds and all gender identities are
encouraged to participate in the process to select a student member.
new text end

Subd. 2.

School board member training.

A member new text begin , including a student member, new text end shall
receive training in school finance and management developed in consultation with the
Minnesota School Boards Association and consistent with section 127A.19. The School
Boards Association must make available to each newly elected school board member training
in school finance and management consistent with section 127A.19 within 180 days of that
member taking office. The program shall be developed in consultation with the department
and appropriate representatives of higher education.

Subd. 3.

Causes for school board member vacancy.

new text begin (a) new text end A vacancy in any board occurs
when a member (a) dies, (b) resigns, (c) ceases to be a resident of the district, or (d) is unable
to serve on such board and attend its meetings for not less than 90 days because of illness
or prolonged absence from the district.

new text begin (b) In addition to the causes for vacancy provided in paragraph (a), a vacancy for a
student member position occurs when the student ceases to be enrolled in the district.
new text end

Subd. 4.

Ill or absent member.

A vacancy caused by a member being unable to serve
on such board and attend its meetings for not less than 90 days because of illness or prolonged
absence from the district, may, after the board has by resolution declared such vacancy to
exist, be filled by the new text begin elected members of the new text end board at any regular or special meeting thereof
for the remainder of the unexpired term, or until such ill or absent member is again able to
resume duties as a member of such board, whichever date is earliest. When the ill or absent
member is able to resume duties as a member of the board, the board must by resolution so
determine and declare such person to be again a member of the board, and the member
appointed by the board to be no longer a member thereof.

Subd. 5b.

Appointments to fill vacancies; special elections.

(a) Any vacancy on the
board, other than a vacancy described in subdivision new text begin 1b or new text end 4, must be filled by board
appointment new text begin by the elected members of the board new text end at a regular or special meeting. The
appointment shall be evidenced by a resolution entered in the minutes and shall be effective
30 days following adoption of the resolution, subject to paragraph (b). If the appointment
becomes effective, it shall continue until an election is held under this subdivision. All
elections to fill vacancies shall be for the unexpired term. A special election to fill the
vacancy must be held no later than the first Tuesday after the first Monday in November
following the vacancy. If the vacancy occurs less than 90 days prior to the first Tuesday
after the first Monday in November in the year in which the vacancy occurs, the special
election must be held no later than the first Tuesday after the first Monday in November of
the following calendar year. If the vacancy occurs less than 90 days prior to the first Tuesday
after the first Monday in November in the third year of the term, no special election is
required. If the vacancy is filled by a special election, the person elected at that election for
the ensuing term shall take office immediately after receiving the certificate of election,
filing the bond, and taking the oath of office.

(b) An appointment made under paragraph (a) shall not be effective if a petition to reject
the appointee is filed with the school district clerk. To be valid, a petition to reject an
appointee must be signed by a number of eligible voters residing in the district equal to at
least five percent of the total number of voters voting in the district at the most recent state
general election, and must be filed within 30 days of the board's adoption of the resolution
making the appointment. If a valid petition is filed according to the requirements of this
paragraph, the appointment by the school board is ineffective and the board must name a
new appointee as provided in paragraph (a).

Subd. 6.

Meetings.

A majority of the voting members of the board shall constitute a
quorum. No contract shall be made or authorized, except at a regular meeting of the board
or at a special meeting at which all members are present or of which all members have had
notice. Special meetings may be called by the chair or clerk or any three members upon
notice mailed to each member at least three days prior thereto.

Subd. 7.

Policy making.

The board shall make, and when deemed advisable, change or
repeal rules relating to the organization and management of the board and the duties of its
officers.

Subd. 8.

Duties.

The board must superintend and manage the schools of the district;
adopt rules for their organization, government, and instruction; keep registers; and prescribe
textbooks and courses of study. The board may enter into an agreement with a postsecondary
institution for secondary or postsecondary nonsectarian courses to be taught at a secondary
school, nonsectarian postsecondary institution, or another location.

Subd. 9.

Removing board members.

The board may remove, for proper cause, any
member or officer of the board and fill the vacancy; but such removal must be by a concurrent
vote of at least four new text begin elected new text end members, at a meeting of whose time, place, and object the
charged member has been duly notified, with the reasons for such proposed removal and
after an opportunity to be heard in defense against the removal.

Subd. 10.

Publishing proceedings.

The board must cause its official proceedings to be
published once in the official newspaper of the district. Such publication shall be made
within 30 days of the meeting at which such proceedings occurred. If the board determines
that publication of a summary of the proceedings would adequately inform the public of
the substance of the proceedings, the board may direct that only a summary be published,
conforming to the requirements of section 331A.01, subdivision 10.

Subd. 11.

Mailing summary of proceedings.

If a board of a district that has no
newspaper with its known office of issue or a secondary office located within the boundaries
of the district and no newspaper that is distributed to more than one-third of the residences
in the district determines that mailing a summary of its proceedings would be more
economical than publication of the proceedings and that it would adequately inform the
public, it may mail a summary of its proceedings to each residence in the district that can
be identified as a homestead from the property tax records and to each other residence in
the district that the board can identify. The county must make the property tax records
available to the board for this purpose. The board must keep a copy of the summary of the
proceedings as part of its records. The decision of a board to mail summaries, rather than
publish the proceedings under this subdivision shall be presumed valid, subject to challenge
by a court action.

Subd. 12.

Board to fix compensation.

The clerk, treasurer, and superintendent of any
district shall receive such compensation as may be fixed by the board. Unless otherwise
provided by law, the other members of the board new text begin , including student members, new text end shall also
receive such compensation as may be fixed by the board. All members of the board may
receive reimbursement for transportation at the rate provided for in section 471.665. No
board member or school district employee shall receive any compensation or benefits based
on incentives or other money provided to the school district by or from a source of group
insurance coverage referenced in section 471.6161, subdivision 1, except for a refund
provided under section 123B.75, subdivision 10, or a wellness plan that is mutually agreed
upon by the district and the exclusive representatives of employees.

Sec. 2.

Minnesota Statutes 2022, section 128.01, is amended to read:

128.01 BOARD MEMBERS: NUMBER, TERM, STAGGERING.

Subdivision 1.

Five members.

The school board of Independent School District No.
166 has five new text begin elected new text end members new text begin and two student members new text end . new text begin An "elected member," as used in
this section, means a voting member elected under chapter 205A. An elected member does
not include a student member selected under section 123B.09, subdivision 1b.
new text end

new text begin Subd. 1a. new text end

new text begin Student members. new text end

new text begin (a) Starting in the 2024-2025 school year and later, elected
members of the school board must establish a process to select two students enrolled in the
district to be named to the school board. A student is eligible to serve as a student member
if the student is a resident of the district, and is enrolled in the district at the time of the
selection, in grade 9, 10, 11, or 12. The selection process must include an opportunity for
enrolled students in grades 9 through 12 to vote for the student member. A student member
must remain a resident of the district and enrolled in the district through the student member's
term. The term of a student member is two years, beginning on July 1 following the student
member's selection. A student member may serve no more than two terms.
new text end

new text begin (b) A vacancy of a student member position because of death, resignation, cessation of
residence in the district, cessation of enrollment in the district, or any other cause, may be
filled by a process established by the elected members of the school board.
new text end

new text begin (c) A student member may attend meetings, introduce items for inclusion on a board
agenda, participate in discussion, and vote on any matter before the board.
new text end

new text begin (d) Students of diverse racial and ethnic backgrounds and all gender identities are
encouraged to participate in the process to select a student member.
new text end

Subd. 2.

Four-year term from January.

The term of deleted text begin a deleted text end new text begin an elected new text end school board member
is four years. A term begins on the first Monday in January after the election.

Subd. 3.

Staggered elections.

Three new text begin elected new text end school board members are elected at one
state general election and two are elected at the next state general election.

Sec. 3.

Minnesota Statutes 2022, section 128D.05, is amended to read:

128D.05 BOARD: NUMBER, TERM, PAY, VACANCIES.

Subdivision 1.

Number, term, pay.

(a) The board of education of such district shall
consist of seven new text begin elected new text end directors new text begin and two student members new text end . The term of office of each
new text begin elected new text end director shall be four years or until a successor is elected and qualified. The directors
shall receive such compensation as may be fixed by the board of education.

(b) The governing body of Special School District No. 1 may provide for election of
four of its directors in 1994 and subsequent years for four-year terms, and election of three
of its directors in 1996 and subsequent years for four-year terms. To accomplish this change,
the governing body may provide that the terms of office for directors elected in 1991 will
expire January 1, 1995, and that the terms of office for directors to be elected in 1993 will
expire January 1, 1997.

new text begin (c) An "elected member," as used in this section, means a voting member elected under
chapter 205A or appointed to fill a vacancy under subdivision 3. An elected member does
not include a student member selected under subdivision 1a.
new text end

new text begin Subd. 1a. new text end

new text begin Student member. new text end

new text begin (a) Starting in the 2024-2025 school year and later, elected
members of the school board must establish a process to select two students enrolled in the
district to be named to the school board. A student is eligible to serve as a student member
if the student is a resident of the district, and is enrolled in the district at the time of the
selection, in grade 9, 10, 11, or 12. The selection process must include an opportunity for
enrolled students in grades 9 through 12 to vote for the student member. A student member
must remain a resident of the district and enrolled in the district through the student member's
term. The term of a student member is two years, beginning on July 1 following the student
member's selection. A student member may serve no more than two terms.
new text end

new text begin (b) A vacancy of a student member position because of death, resignation, cessation of
residence in the district, cessation of enrollment in the district, or any other cause, may be
filled by a process established by the elected members of the school board.
new text end

new text begin (c) A student member may attend meetings, introduce items for inclusion on a board
agenda, participate in discussion, and vote on any matter before the board.
new text end

new text begin (d) Students of diverse racial and ethnic backgrounds and all gender identities are
encouraged to participate in the process to select a student member.
new text end

Subd. 2.

Time of change.

A proposed change in election years adopted under subdivision
1 is effective 240 days after passage and publication or at a later date fixed in the proposal.
Within 180 days after passage and publication of the proposal, a petition requesting a
referendum on the proposal may be filed with the school district clerk. The petition must
be signed by eligible voters equal in number to five percent of the total number of votes
cast in the city of Minneapolis at the most recent state general election. If the requisite
petition is filed within the prescribed period, the proposal does not become effective until
it is approved by a majority of the voters voting on the question at a general or special
election held on a date authorized by section 205A.05, subdivision 1a. If the petition is filed,
the governing body may reconsider its action in adopting the proposal.

Subd. 3.

Vacancies.

In case any vacancy occurs in the office of new text begin elected new text end school director
because of death, resignation, or cessation of residence in the district, or any other cause,
so that after the next general school election following such vacancy there shall be remaining
at least two years of the unexpired term, a school director shall be elected at the next general
school election to fill the place of such director, but until such election, or if no election is
to be had under the foregoing provisions or because of the lack of time to comply with the
election requirements when an election is pending, the remaining new text begin elected new text end directors shall fill
such vacancy. The director so appointed shall hold office until the first business day in
January following the election of a successor, or until that successor qualifies.

Sec. 4.

Minnesota Statutes 2022, section 128D.055, subdivision 1, is amended to read:

Subdivision 1.

Size and type of membership.

Notwithstanding contrary provisions in
section 205A.12 or other law, the board of Special School District No. 1 shall consist of six
new text begin elected new text end members elected by district and three new text begin elected new text end members elected at-large new text begin , in addition
to the two student members selected by a process established by the elected members of
the school board in accordance with section 128D.05, subdivision 1a new text end .