Bill Text: MN SF2498 | 2011-2012 | 87th Legislature | Introduced
Bill Title: State board of education establishment
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-19 - Referred to Education [SF2498 Detail]
Download: Minnesota-2011-SF2498-Introduced.html
1.2relating to education; establishing a State Board of Education;amending
1.3Minnesota Statutes 2010, sections 120A.05, by adding a subdivision; 127A.05,
1.4subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
1.5127A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 120A.05, is amended by adding a
1.8subdivision to read:
1.9 Subd. 14a. State Board of Education. "State Board of Education" or "state board"
1.10means the State Board of Education established under section 127A.03 that is charged
1.11with general supervision over educational agencies and other education-related matters.
1.12EFFECTIVE DATE.This section is effective January 1, 2014.
1.13 Sec. 2. [127A.03] STATE BOARD OF EDUCATION.
1.14 Subdivision 1. State board established; appointments; meetings; conflict of
1.15interest; administrative costs. (a) The Department of Education is maintained under
1.16the direction of a State Board of Education composed of the following members: eight
1.17representative citizens of the state, one of whom resides in each congressional district in
1.18the state; and two at-large citizen members with recognized expertise in P-16 education
1.19issues.
1.20(b) The governor shall appoint the representative citizen members of the state board
1.21with the advice and consent of the senate and house of representatives acting separately.
1.22The State Board of Education annually shall elect one of its members as president, but no
1.23member may serve as president more than three consecutive years.
2.1(c) The State Board of Education shall hold meetings on dates and at places it
2.2designates.
2.3(d) No member shall hold any public office, or represent or be employed by any
2.4board of education or school district, public or private, and shall not voluntarily have any
2.5personal financial interest in any contract with a board of education or school district, or
2.6be engaged in any capacity where a conflict of interest may arise.
2.7(e) The administrative costs of the State Board of Education must be paid out of
2.8Department of Education appropriations.
2.9 Subd. 2. Membership; compensation. The membership terms, compensation,
2.10removal of members, and filling of vacancies on the state board are as provided in section
2.1115.0575.
2.12 Subd. 3. Residency requirement. If a member ceases to be a resident of the
2.13congressional district from which the member was appointed, the member shall cease
2.14to be a member of the state board. The governor must appoint a successor within six
2.15months thereafter.
2.16EFFECTIVE DATE.This section is effective January 1, 2014.
2.17 Sec. 3. Minnesota Statutes 2010, section 127A.05, subdivision 1, is amended to read:
2.18 Subdivision 1. Appointment and duties. (a) The department shall be under the
2.19administrative control of the commissioner of education which office is established. The
2.20governor commissioner is the secretary of the State Board of Education. The State Board
2.21of Education shall appoint the commissioner under the provisions of section15.06 . For
2.22purposes of section 15.06, the State Board of Education is the appointing authority.
2.23(b) The commissioner shall serve as an ad hoc member of the board. The
2.24commissioner shall be a person who possesses educational attainment and breadth of
2.25experience in the administration of public education and of the finances pertaining thereto
2.26commensurate with the spirit and intent of this code. Notwithstanding any other law to the
2.27contrary, the commissioner may appoint two deputy commissioners who shall serve in
2.28the unclassified service. The commissioner shall also appoint other employees as may
2.29be necessary for the organization of the department. The commissioner shall perform
2.30such duties as the law and rules may provide and be held responsible for the efficient
2.31administration and discipline of the department. The commissioner is charged with the
2.32execution of powers and duties to promote public education in the state and to safeguard
2.33the finances pertaining thereto.
2.34EFFECTIVE DATE.This section is effective January 1, 2015.
3.1 Sec. 4. INITIAL STATE BOARD OF EDUCATION APPOINTMENTS.
3.2(a) Initial appointments to the State Board of Education under Minnesota Statutes,
3.3section 127A.03, are as follows:
3.4(1) four members, at least one of whom resides in each of four congressional
3.5districts serve a two-year term;
3.6(2) four members, at least one of whom resides in each of the remaining four
3.7congressional districts not represented under clause (1) serve a four-year term; and
3.8(3) two at-large members serve a two-year term and may not serve more than three
3.9consecutive terms.
3.10 (b) The membership terms, compensation, removal of members, and filling of
3.11vacancies on the state board otherwise are as provided in Minnesota Statutes, section
3.1215.0575.
3.13EFFECTIVE DATE.This section is effective the day following final enactment.
3.14 Sec. 5. REVISOR'S INSTRUCTION.
3.15In Minnesota Statutes and Minnesota Rules, all references changed from the State
3.16Board of Education to the commissioner of education and all authority transferred from
3.17the State Board of Education to the commissioner of education under Laws 1998, chapter
3.18398, and Laws 1999, chapter 241, shall be changed back to the State Board of Education.
3.19Among other things, and as an illustration only, these changes shall affect the authority to
3.20exercise general supervision over educational agencies and adopt or amend administrative
3.21rules. In addition, and consistent with the provisions of this act, the revisor of statutes, in
3.22consultation with house of representatives and senate counsel, shall make other necessary
3.23changes affecting the powers and duties of the State Board of Education, consistent
3.24with the law as it appeared in Minnesota Statutes 1996 and Minnesota Statutes 1997
3.25Supplement, and in Minnesota Rules 1997 and supplements. The revisor shall prepare
3.26a report to the 2014 legislature showing where these changes were made. The changes
3.27identified by the revisor shall be effective January 1, 2015.
3.28EFFECTIVE DATE.This section is effective the day following final enactment.
1.3Minnesota Statutes 2010, sections 120A.05, by adding a subdivision; 127A.05,
1.4subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
1.5127A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 120A.05, is amended by adding a
1.8subdivision to read:
1.9 Subd. 14a. State Board of Education. "State Board of Education" or "state board"
1.10means the State Board of Education established under section 127A.03 that is charged
1.11with general supervision over educational agencies and other education-related matters.
1.12EFFECTIVE DATE.This section is effective January 1, 2014.
1.13 Sec. 2. [127A.03] STATE BOARD OF EDUCATION.
1.14 Subdivision 1. State board established; appointments; meetings; conflict of
1.15interest; administrative costs. (a) The Department of Education is maintained under
1.16the direction of a State Board of Education composed of the following members: eight
1.17representative citizens of the state, one of whom resides in each congressional district in
1.18the state; and two at-large citizen members with recognized expertise in P-16 education
1.19issues.
1.20(b) The governor shall appoint the representative citizen members of the state board
1.21with the advice and consent of the senate and house of representatives acting separately.
1.22The State Board of Education annually shall elect one of its members as president, but no
1.23member may serve as president more than three consecutive years.
2.1(c) The State Board of Education shall hold meetings on dates and at places it
2.2designates.
2.3(d) No member shall hold any public office, or represent or be employed by any
2.4board of education or school district, public or private, and shall not voluntarily have any
2.5personal financial interest in any contract with a board of education or school district, or
2.6be engaged in any capacity where a conflict of interest may arise.
2.7(e) The administrative costs of the State Board of Education must be paid out of
2.8Department of Education appropriations.
2.9 Subd. 2. Membership; compensation. The membership terms, compensation,
2.10removal of members, and filling of vacancies on the state board are as provided in section
2.1115.0575.
2.12 Subd. 3. Residency requirement. If a member ceases to be a resident of the
2.13congressional district from which the member was appointed, the member shall cease
2.14to be a member of the state board. The governor must appoint a successor within six
2.15months thereafter.
2.16EFFECTIVE DATE.This section is effective January 1, 2014.
2.17 Sec. 3. Minnesota Statutes 2010, section 127A.05, subdivision 1, is amended to read:
2.18 Subdivision 1. Appointment and duties. (a) The department shall be under the
2.19administrative control of the commissioner of education which office is established. The
2.20
2.21of Education shall appoint the commissioner under the provisions of section
2.22purposes of section 15.06, the State Board of Education is the appointing authority.
2.23(b) The commissioner shall serve as an ad hoc member of the board. The
2.24commissioner shall be a person who possesses educational attainment and breadth of
2.25experience in the administration of public education and of the finances pertaining thereto
2.26commensurate with the spirit and intent of this code. Notwithstanding any other law to the
2.27contrary, the commissioner may appoint two deputy commissioners who shall serve in
2.28the unclassified service. The commissioner shall also appoint other employees as may
2.29be necessary for the organization of the department. The commissioner shall perform
2.30such duties as the law and rules may provide and be held responsible for the efficient
2.31administration and discipline of the department. The commissioner is charged with the
2.32execution of powers and duties to promote public education in the state and to safeguard
2.33the finances pertaining thereto.
2.34EFFECTIVE DATE.This section is effective January 1, 2015.
3.1 Sec. 4. INITIAL STATE BOARD OF EDUCATION APPOINTMENTS.
3.2(a) Initial appointments to the State Board of Education under Minnesota Statutes,
3.3section 127A.03, are as follows:
3.4(1) four members, at least one of whom resides in each of four congressional
3.5districts serve a two-year term;
3.6(2) four members, at least one of whom resides in each of the remaining four
3.7congressional districts not represented under clause (1) serve a four-year term; and
3.8(3) two at-large members serve a two-year term and may not serve more than three
3.9consecutive terms.
3.10 (b) The membership terms, compensation, removal of members, and filling of
3.11vacancies on the state board otherwise are as provided in Minnesota Statutes, section
3.1215.0575.
3.13EFFECTIVE DATE.This section is effective the day following final enactment.
3.14 Sec. 5. REVISOR'S INSTRUCTION.
3.15In Minnesota Statutes and Minnesota Rules, all references changed from the State
3.16Board of Education to the commissioner of education and all authority transferred from
3.17the State Board of Education to the commissioner of education under Laws 1998, chapter
3.18398, and Laws 1999, chapter 241, shall be changed back to the State Board of Education.
3.19Among other things, and as an illustration only, these changes shall affect the authority to
3.20exercise general supervision over educational agencies and adopt or amend administrative
3.21rules. In addition, and consistent with the provisions of this act, the revisor of statutes, in
3.22consultation with house of representatives and senate counsel, shall make other necessary
3.23changes affecting the powers and duties of the State Board of Education, consistent
3.24with the law as it appeared in Minnesota Statutes 1996 and Minnesota Statutes 1997
3.25Supplement, and in Minnesota Rules 1997 and supplements. The revisor shall prepare
3.26a report to the 2014 legislature showing where these changes were made. The changes
3.27identified by the revisor shall be effective January 1, 2015.
3.28EFFECTIVE DATE.This section is effective the day following final enactment.
