Bill Text: MN HF2621 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Special or independent school districts made subject to mayoral control.
Sponsorship: Partisan Bill (Republican 8)
Status: (Introduced - Dead) 2012-03-26 - House rule 1.21, placed on Calendar for the Day [HF2621 Detail]
Download: Minnesota-2011-HF2621-Engrossed.html
Bill Title: Special or independent school districts made subject to mayoral control.
Sponsorship: Partisan Bill (Republican 8)
Status: (Introduced - Dead) 2012-03-26 - House rule 1.21, placed on Calendar for the Day [HF2621 Detail]
Download: Minnesota-2011-HF2621-Engrossed.html
1.2relating to education; making certain special or independent school districts
1.3subject to mayoral control;amending Minnesota Statutes 2010, section 128D.02;
1.4proposing coding for new law in Minnesota Statutes, chapter 123A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [123A.695] CHANGE FROM INDEPENDENT TO MAYORAL
1.7DISTRICT.
1.8 Subdivision 1. Definition. For the purposes of this section, "city" means a statutory
1.9or home rule charter city with more than 250,000 residents located in the seven-county
1.10metropolitan area.
1.11 Subd. 2. Mayoral governance option. The mayor of a city may govern an
1.12independent school district with administrative offices in the city as provided in this
1.13section if the mayor:
1.14(1) submits written notice of intent to govern the district to the commissioner by
1.15September 1 in any calendar year;
1.16(2) within 90 days after submitting notice under clause (1):
1.17(i) holds at least one public meeting within the boundaries of the affected district
1.18seeking public comment on changing district governance; and
1.19(ii) with assistance from district and department employees at the mayor's request,
1.20develops and publishes a plan consistent with this section for governing the district; and
1.21(3) presents the published plan at a public meeting within the boundaries of the
1.22affected district.
1.23A mayor who meets the requirements of this subdivision may govern the affected
1.24district for ten consecutive school years beginning in the next school year after these
2.1requirements are met. The transition to mayoral governance does not affect any collective
2.2bargaining agreement then in effect or reduce the term of any then-serving school board
2.3member. After the ten-school-year term expires, a school board subject to section 123B.09,
2.4subdivision 1, shall govern the district unless otherwise specifically provided in law.
2.5 Subd. 3. Mayoral governance requirements. If the option for mayoral governance
2.6is exercised, the care, management, supervision, conduct, and control of the school district
2.7and all the powers and rights of school boards of independent school districts are as
2.8provided in subdivisions 4 to 6.
2.9 Subd. 4. Mayoral appointment of school board, district administrator; powers
2.10and duties. (a) Notwithstanding other law to the contrary, the mayor shall appoint a board
2.11of education composed of seven members who reside in and reflect the diversity of the
2.12city and a chief executive officer with recognized administrative ability and management
2.13experience who manages the district and has all other powers and duties of the district
2.14superintendent.
2.15(b) To assemble the members of the board of education, the mayor shall appoint a
2.16qualified successor for each incumbent school board member at the time that member's
2.17term expires. In the case of a six-member board, when appointing the initial three
2.18successors, the mayor shall also appoint one additional qualified person to serve on the
2.19board of education. In the case of a seven-member board, if the mayor initially appoints
2.20three successors, the mayor shall also appoint one additional qualified person to serve
2.21on the board of education, and appoint only three successors upon the expiration of all
2.22remaining terms regardless of the number of terms expiring. The chief executive officer
2.23is not required to hold a school superintendent license or other administrative license
2.24under this section.
2.25(c) The powers and duties of the board of education include:
2.26(1) increasing the quality of education services in the school district;
2.27(2) implementing policies, programs, and strategies to increase challenging learning
2.28opportunities targeted to diverse groups of students, increase student engagement and
2.29connection and community and family partnerships, and improve the educational
2.30outcomes of all groups of students enrolled in district schools so that students at least meet
2.31or exceed statewide averages for proficiency in reading and mathematics and demonstrate
2.32medium or high growth or, if students are not proficient in reading and mathematics,
2.33they consistently demonstrate high growth;
2.34(3) reducing the cost of noneducational services and implementing cost-saving
2.35measures;
2.36(4) developing a long-term financial plan;
3.1(5) streamlining and strengthening management of the system, including a
3.2school-based budgeting process to refocus resources on student achievement;
3.3(6) enacting policies and procedures to ensure an ethical and efficient system;
3.4(7) establishing or repurposing local school or school site council advisory boards;
3.5and
3.6(8) establishing organizational structures needed to efficiently and effectively
3.7operate the system.
3.8(d) The members of the board of education serve staggered four-year terms.
3.9Board members serve without compensation or reimbursement of expenses incurred in
3.10performing board duties unless the mayor establishes a procedure to reimburse members
3.11for reasonable and necessary expenses.
3.12 Subd. 5. School site council. Each school site located within a district subject to
3.13mayoral governance must have an 11-member school site advisory council composed of
3.14the school principal or other person having administrative control of the school, two
3.15licensed teachers employed in the school, six parents of children enrolled in the school,
3.16and two community residents. School site council members serve two-year terms and are
3.17appointed by the school board of the district until the board of education under subdivision
3.184 is assembled, at which time the board of education shall make all subsequent school
3.19site council appointments. School site council members must reflect the diversity of
3.20the school site to the extent practicable.
3.21 Subd. 6. Exemption; relation to home rule charter. (a) Notwithstanding other law
3.22to the contrary, school districts under this section are exempt from the statutes and rules
3.23specified in section 124D.10, subdivision 7, to the extent the exemptions are consistent
3.24with and required to implement the provisions of this section.
3.25(b) The authority in this section supersedes any home rule charter or ordinance
3.26provision inconsistent or in conflict with this section.
3.27 Subd. 7. Education advisory council. The mayor shall appoint an education
3.28advisory council composed of representatives of the business community with experience
3.29in finance and management, parents of enrolled students, teachers and principals
3.30currently employed in the schools, and other interested persons representing various
3.31education-related service organizations and public and private nonprofit agencies, among
3.32other interests. Advisory council members shall convene periodically and provide
3.33advice to the mayor upon request. Members serve without compensation and without
3.34reimbursement of expenses incurred in performing duties under this subdivision. The
3.35education advisory council is subject to the open meeting law.
3.36EFFECTIVE DATE.This section is effective the day following final enactment.
4.1 Sec. 2. Minnesota Statutes 2010, section 128D.02, is amended to read:
4.2128D.02BOARD OF EDUCATION GOVERNING ENTITY LIKE
4.3INDEPENDENTDISTRICT'S DISTRICTS.
4.4 Subdivision 1. General authority. Except as provided in subdivision 2, the
4.5governing body ofsuch the school district shall be a board of education, which board
4.6shall have the care, management, supervision, conduct, and control of the school district
4.7and shall have all the powers and rights of school boards of independent school districts
4.8except as otherwise stated.
4.9 Subd. 2. Mayoral governance option. The provisions of section 123A.695 apply to
4.10the option for implementing mayoral governance of the school district. If the option is
4.11exercised, during the ten-school-year term, sections 128D.05; 128D.08, subdivisions 1, 3,
4.12and 4; and 128D.14, do not apply. After the ten-school-year term expires, a school board
4.13shall govern the district, subject to sections 128D.05; 128D.08, subdivisions 1, 3, and 4;
4.14and 128D.14, unless otherwise specifically provided in law.
4.15EFFECTIVE DATE.This section is effective the day following final enactment
4.16without local approval, as provided in Minnesota Statutes, section 645.023, subdivision 1.
4.17 Sec. 3. POTENTIAL CONFLICTS.
4.18To the extent any conflicts with existing law arise under this act, the attorney general,
4.19in collaboration with affected city attorneys, shall provide advice to implement this law to
4.20the extent practicable and, if needed, propose legislation to resolve the conflicts.
4.21EFFECTIVE DATE.This section is effective the day following final enactment.
4.22 Sec. 4. MAYORAL GOVERNANCE IMPLEMENTATION REPORT.
4.23Any mayor who exercises the mayoral governance option under Minnesota Statutes,
4.24section 123A.695, must submit written recommendations to the legislative committees
4.25with jurisdiction over kindergarten through grade 12 education finance and policy by
4.26February 15, 2013, for fully implementing sections 1 and 2.
4.27EFFECTIVE DATE.This section is effective the day following final enactment.
1.3subject to mayoral control;amending Minnesota Statutes 2010, section 128D.02;
1.4proposing coding for new law in Minnesota Statutes, chapter 123A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [123A.695] CHANGE FROM INDEPENDENT TO MAYORAL
1.7DISTRICT.
1.8 Subdivision 1. Definition. For the purposes of this section, "city" means a statutory
1.9or home rule charter city with more than 250,000 residents located in the seven-county
1.10metropolitan area.
1.11 Subd. 2. Mayoral governance option. The mayor of a city may govern an
1.12independent school district with administrative offices in the city as provided in this
1.13section if the mayor:
1.14(1) submits written notice of intent to govern the district to the commissioner by
1.15September 1 in any calendar year;
1.16(2) within 90 days after submitting notice under clause (1):
1.17(i) holds at least one public meeting within the boundaries of the affected district
1.18seeking public comment on changing district governance; and
1.19(ii) with assistance from district and department employees at the mayor's request,
1.20develops and publishes a plan consistent with this section for governing the district; and
1.21(3) presents the published plan at a public meeting within the boundaries of the
1.22affected district.
1.23A mayor who meets the requirements of this subdivision may govern the affected
1.24district for ten consecutive school years beginning in the next school year after these
2.1requirements are met. The transition to mayoral governance does not affect any collective
2.2bargaining agreement then in effect or reduce the term of any then-serving school board
2.3member. After the ten-school-year term expires, a school board subject to section 123B.09,
2.4subdivision 1, shall govern the district unless otherwise specifically provided in law.
2.5 Subd. 3. Mayoral governance requirements. If the option for mayoral governance
2.6is exercised, the care, management, supervision, conduct, and control of the school district
2.7and all the powers and rights of school boards of independent school districts are as
2.8provided in subdivisions 4 to 6.
2.9 Subd. 4. Mayoral appointment of school board, district administrator; powers
2.10and duties. (a) Notwithstanding other law to the contrary, the mayor shall appoint a board
2.11of education composed of seven members who reside in and reflect the diversity of the
2.12city and a chief executive officer with recognized administrative ability and management
2.13experience who manages the district and has all other powers and duties of the district
2.14superintendent.
2.15(b) To assemble the members of the board of education, the mayor shall appoint a
2.16qualified successor for each incumbent school board member at the time that member's
2.17term expires. In the case of a six-member board, when appointing the initial three
2.18successors, the mayor shall also appoint one additional qualified person to serve on the
2.19board of education. In the case of a seven-member board, if the mayor initially appoints
2.20three successors, the mayor shall also appoint one additional qualified person to serve
2.21on the board of education, and appoint only three successors upon the expiration of all
2.22remaining terms regardless of the number of terms expiring. The chief executive officer
2.23is not required to hold a school superintendent license or other administrative license
2.24under this section.
2.25(c) The powers and duties of the board of education include:
2.26(1) increasing the quality of education services in the school district;
2.27(2) implementing policies, programs, and strategies to increase challenging learning
2.28opportunities targeted to diverse groups of students, increase student engagement and
2.29connection and community and family partnerships, and improve the educational
2.30outcomes of all groups of students enrolled in district schools so that students at least meet
2.31or exceed statewide averages for proficiency in reading and mathematics and demonstrate
2.32medium or high growth or, if students are not proficient in reading and mathematics,
2.33they consistently demonstrate high growth;
2.34(3) reducing the cost of noneducational services and implementing cost-saving
2.35measures;
2.36(4) developing a long-term financial plan;
3.1(5) streamlining and strengthening management of the system, including a
3.2school-based budgeting process to refocus resources on student achievement;
3.3(6) enacting policies and procedures to ensure an ethical and efficient system;
3.4(7) establishing or repurposing local school or school site council advisory boards;
3.5and
3.6(8) establishing organizational structures needed to efficiently and effectively
3.7operate the system.
3.8(d) The members of the board of education serve staggered four-year terms.
3.9Board members serve without compensation or reimbursement of expenses incurred in
3.10performing board duties unless the mayor establishes a procedure to reimburse members
3.11for reasonable and necessary expenses.
3.12 Subd. 5. School site council. Each school site located within a district subject to
3.13mayoral governance must have an 11-member school site advisory council composed of
3.14the school principal or other person having administrative control of the school, two
3.15licensed teachers employed in the school, six parents of children enrolled in the school,
3.16and two community residents. School site council members serve two-year terms and are
3.17appointed by the school board of the district until the board of education under subdivision
3.184 is assembled, at which time the board of education shall make all subsequent school
3.19site council appointments. School site council members must reflect the diversity of
3.20the school site to the extent practicable.
3.21 Subd. 6. Exemption; relation to home rule charter. (a) Notwithstanding other law
3.22to the contrary, school districts under this section are exempt from the statutes and rules
3.23specified in section 124D.10, subdivision 7, to the extent the exemptions are consistent
3.24with and required to implement the provisions of this section.
3.25(b) The authority in this section supersedes any home rule charter or ordinance
3.26provision inconsistent or in conflict with this section.
3.27 Subd. 7. Education advisory council. The mayor shall appoint an education
3.28advisory council composed of representatives of the business community with experience
3.29in finance and management, parents of enrolled students, teachers and principals
3.30currently employed in the schools, and other interested persons representing various
3.31education-related service organizations and public and private nonprofit agencies, among
3.32other interests. Advisory council members shall convene periodically and provide
3.33advice to the mayor upon request. Members serve without compensation and without
3.34reimbursement of expenses incurred in performing duties under this subdivision. The
3.35education advisory council is subject to the open meeting law.
3.36EFFECTIVE DATE.This section is effective the day following final enactment.
4.1 Sec. 2. Minnesota Statutes 2010, section 128D.02, is amended to read:
4.2128D.02
4.3INDEPENDENT
4.4 Subdivision 1. General authority. Except as provided in subdivision 2, the
4.5governing body of
4.6shall have the care, management, supervision, conduct, and control of the school district
4.7and shall have all the powers and rights of school boards of independent school districts
4.8except as otherwise stated.
4.9 Subd. 2. Mayoral governance option. The provisions of section 123A.695 apply to
4.10the option for implementing mayoral governance of the school district. If the option is
4.11exercised, during the ten-school-year term, sections 128D.05; 128D.08, subdivisions 1, 3,
4.12and 4; and 128D.14, do not apply. After the ten-school-year term expires, a school board
4.13shall govern the district, subject to sections 128D.05; 128D.08, subdivisions 1, 3, and 4;
4.14and 128D.14, unless otherwise specifically provided in law.
4.15EFFECTIVE DATE.This section is effective the day following final enactment
4.16without local approval, as provided in Minnesota Statutes, section 645.023, subdivision 1.
4.17 Sec. 3. POTENTIAL CONFLICTS.
4.18To the extent any conflicts with existing law arise under this act, the attorney general,
4.19in collaboration with affected city attorneys, shall provide advice to implement this law to
4.20the extent practicable and, if needed, propose legislation to resolve the conflicts.
4.21EFFECTIVE DATE.This section is effective the day following final enactment.
4.22 Sec. 4. MAYORAL GOVERNANCE IMPLEMENTATION REPORT.
4.23Any mayor who exercises the mayoral governance option under Minnesota Statutes,
4.24section 123A.695, must submit written recommendations to the legislative committees
4.25with jurisdiction over kindergarten through grade 12 education finance and policy by
4.26February 15, 2013, for fully implementing sections 1 and 2.
4.27EFFECTIVE DATE.This section is effective the day following final enactment.
