1.1                          A bill for an act 
  1.2             relating to education; reinstating the state board of 
  1.3             education; providing for the election of members to 
  1.4             the state board; amending Minnesota Statutes 1998, 
  1.5             section 127A.60, subdivisions 1, 2, 3, and by adding a 
  1.6             subdivision; repealing Laws 1998, chapter 398, 
  1.7             articles 5, sections 55 and 56; and 6, sections 2, 3, 
  1.8             4, 5, 6, 7, 8, 9, 10, 11, 12, and 38, paragraph (a). 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 127A.60, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [DEPARTMENT.] A state department of 
  1.13  children, families, and learning is hereby created which shall 
  1.14  be maintained under the direction of a state board of education 
  1.15  ~~composed of nine representative citizens of the state, at least~~ 
  1.16  ~~one of whom shall reside in each congressional district in the~~ 
  1.17  ~~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 shall be appointed by the~~ 
  1.24  ~~governor, with the advice and consent of the senate.  One member~~ 
  1.25  ~~shall be chosen annually as president, but no member shall serve~~ 
  1.26  ~~as president more than three consecutive years.~~  The state board 
  1.27  shall consist of nine members including one member residing in 
  2.1   and elected from each congressional district and the remaining 
  2.2   member who must be the commissioner of children, families, and 
  2.3   learning.  The members from each of the congressional districts 
  2.4   shall be elected in joint congressional district conventions.  
  2.5   The elected members shall serve staggered four-year terms with 
  2.6   terms beginning April 1 of each year.  The terms of the initial 
  2.7   elected board members must be determined by lot as follows:  two 
  2.8   members must be elected for terms that expire April 1, 2001; two 
  2.9   members must be elected for terms that expire April 1, 2002; two 
  2.10  members must be elected to terms that expire April 1, 2003; and 
  2.11  two members must be elected to terms that expire April 1, 2004.  
  2.12  The commissioner shall serve as the chair of the board.  The 
  2.13  state board shall hold its annual meeting in August.  It shall 
  2.14  hold meetings on dates and at places as it designates.  
  2.15  No elected member shall hold any public office, or represent or 
  2.16  be employed by any board of education or school district, public 
  2.17  or private, and shall not voluntarily have any personal 
  2.18  financial interest in any contract with a board of education or 
  2.19  school district, or be engaged in any capacity where a conflict 
  2.20  of interest may arise. 
  2.21     Sec. 2.  Minnesota Statutes 1998, section 127A.60, 
  2.22  subdivision 2, is amended to read: 
  2.23     Subd. 2.  [~~MEMBERSHIP~~ COMPENSATION.] The ~~membership terms,~~ 
  2.24  compensation~~, removal~~ of members~~, and filling of vacancies~~ on 
  2.25  the board shall be as provided in section 15.0575. 
  2.26     Sec. 3.  Minnesota Statutes 1998, section 127A.60, 
  2.27  subdivision 3, is amended to read: 
  2.28     Subd. 3.  [RESIDENCY REQUIREMENT.] If ~~a~~ an elected member 
  2.29  ceases to be a resident of the congressional district from which 
  2.30  ~~appointed~~ elected the member shall cease to be a member of the 
  2.31  board.  The governor shall appoint a successor ~~within six months~~ 
  2.32  ~~thereafter~~ and the member appointed shall continue on the board 
  2.33  until a successor is elected in joint congressional district 
  2.34  conventions. 
  2.35     Sec. 4.  Minnesota Statutes 1998, section 127A.60, is 
  2.36  amended by adding a subdivision to read: 
  3.1      Subd. 3a.  [VACANCY.] The governor shall appoint a member 
  3.2   to a vacant position on the board who shall serve on the board 
  3.3   until a successor is elected in joint congressional district 
  3.4   conventions.  A position may become vacant pursuant to chapter 
  3.5   351. 
  3.6      Sec. 5.  [TRANSITION.] 
  3.7      The current members of the state board of education 
  3.8   appointed by the governor and serving on the state board on the 
  3.9   effective date of this act shall remain on the state board until 
  3.10  members are elected under section 1. 
  3.11     Sec. 6.  [REPEALER.] 
  3.12     Laws 1998, chapter 398, article 5, sections 55 and 56; and 
  3.13  article 6, sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 38, 
  3.14  paragraph (a), are repealed.