Minnesota Legislature
HF 2621
as introduced - 87th Legislature (2011 - 2012) Posted on 03/01/2012 11:21am
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30
2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8
4.9 4.10 4.11 4.12 4.13 4.14 4.15
4.16 4.17 4.18 4.19
4.20 4.21 4.22 4.23 4.24 4.25
4.26 4.27 4.28
4.29 4.30 4.31 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15
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; repealing
Minnesota Statutes 2010, sections 128D.05; 128D.08, subdivisions 1, 3, 4;
128D.14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[123A.695] CHANGE FROM INDEPENDENT TO MAYORAL
DISTRICT.
new text end
new text begin
(a) Notwithstanding other law to the contrary, the governance of an independent
school district with administrative offices in a city with more than 250,000 residents
located in the seven-county metropolitan area shall be as provided in paragraphs (b) and
(c). The care, management, supervision, conduct, and control of the school district and all
the powers and rights of school boards of independent school districts except as otherwise
stated are as described in paragraphs (b) and (c).
new text end
new text begin
(b) Notwithstanding other law to the contrary, a mayor shall appoint a seven-member
board of education 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. The chief executive officer is not required to hold a school
superintendent license or other administrative license under this section. The powers and
duties of the board of education include:
new text end
new text begin
(1) increasing the quality of education services in the school district;
new text end
new text begin
(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 math and demonstrate medium
or high growth or, if students are not proficient in reading and math, they consistently
demonstrate high growth;
new text end
new text begin
(3) reducing the cost of noneducational services and implementing cost-saving
measures;
new text end
new text begin
(4) developing a long-term financial plan;
new text end
new text begin
(5) streamlining and strengthening management of the system, including a
school-based budgeting process to refocus resources on student achievement;
new text end
new text begin
(6) enacting policies and procedures to ensure an ethical and efficient system;
new text end
new text begin
(7) establishing or repurposing local school or school site council advisory boards;
and
new text end
new text begin
(8) establishing organizational structures needed to efficiently and effectively
operate the system.
new text end
new text begin
The members of the board of education shall 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.
new text end
new text begin
(c) 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.
new text end
new text begin
(d) A 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 and city governing body upon
request. Members serve without compensation and without reimbursement of expenses
incurred in performing duties under this paragraph.
new text end
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 DISTRICT'S.
new text begin (a) Consistent with section 123A.695, new text end the deleted text begin governing bodydeleted text end new text begin governancenew text end of deleted text begin suchdeleted text end new text begin thenew text end
school district shall be deleted text begin a board of education, which board shall havedeleted text end new text begin the mayor.new text end The care,
management, supervision, conduct, and control of the school district and deleted text begin shall havedeleted text end all the
powers and rights of school boards of independent school districts except as otherwise
statednew text begin are as described in paragraphs (b) and (c)new text end .
new text begin
(b) Notwithstanding other law to the contrary, a mayor shall appoint a seven-member
board of education 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. The chief executive officer is not required to hold a school
superintendent license or other administrative license under this section. The powers and
duties of the board of education include:
new text end
new text begin
(1) increasing the quality of education services in the school district;
new text end
new text begin
(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 math and demonstrate medium
or high growth or, if students are not proficient in reading and math, they consistently
demonstrate high growth;
new text end
new text begin
(3) reducing the cost of noneducational services and implementing cost-saving
measures;
new text end
new text begin
(4) developing a long-term financial plan;
new text end
new text begin
(5) streamlining and strengthening management of the system, including a
school-based budgeting process to refocus resources on student achievement;
new text end
new text begin
(6) enacting policies and procedures to ensure an ethical and efficient system;
new text end
new text begin
(7) establishing or repurposing local school or school site council advisory boards;
and
new text end
new text begin
(8) establishing organizational structures needed to efficiently and effectively
operate the system.
new text end
new text begin
The members of the board of education shall 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.
new text end
new text begin
(c) 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.
new text end
new text begin
(d) A 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 and city governing body upon
request. Members serve without compensation and without reimbursement of expenses
incurred in performing duties under this paragraph.
new text end
Sec. 3. new text begin CONFORMING AMENDMENTS.
new text end
new text begin
(a) This act supersedes any home rule charter or ordinance provision inconsistent or
in conflict with this act.
new text end
new text begin
(b) A city subject to this act shall amend its charter and ordinances as necessary to
conform with the requirements of this act. Notwithstanding Minnesota Statutes, chapter
410, an amendment to a home rule charter to conform with this act is not subject to voter
approval, but shall be made by ordinance adopted by a majority vote of the city council.
new text end
Sec. 4. new text begin POTENTIAL CONFLICTS.
new text end
new text begin
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.
new text end
Sec. 5. new text begin MINNESOTA DEPARTMENT OF EDUCATION IMPLEMENTATION
REPORT.
new text end
new text begin
The commissioner of the Department of Education 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.
new text end
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2010, sections 128D.05; 128D.08, subdivisions 1, 3, and 4;
and 128D.14,
new text end
new text begin
are repealed.
new text end
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin
(a) Section 1 is effective the day after the terms of the most recently elected,
currently serving school board members subject to section 1 expire and section 1 remains
in effect through the 2024-2025 school year. Notwithstanding other law to the contrary,
the term of any school board member expiring before the effective date of this paragraph
is extended until the effective date of this paragraph; if that board member is unable
to complete the extended term, the remaining board members shall appoint a qualified
person to complete the term.
new text end
new text begin
(b) Sections 2 and 6 are effective without local approval under Minnesota Statutes,
section 645.023, subdivision 1, the day after the terms of currently serving Minneapolis
school directors elected in 2010 expire and these sections remain in effect through the
2024-2025 school year. Notwithstanding other law to the contrary, the term of any
Minneapolis school director expiring before the effective date of this paragraph is extended
until the effective date of this paragraph; if that director is unable to complete the extended
term, the remaining directors shall appoint a qualified person to complete the term.
new text end
new text begin
(c) Sections 3, 4, and 5 are effective the day following final enactment.
new text end
new text begin
(d) A school board subject to this act is subject to Minnesota Statutes, section
123B.09, subdivision 1, beginning in the 2025-2026 school year.
new text end