Bill Text: MN SF2306 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Mayoral control of certain metropolitan area special or independent school districts authorization
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-03-08 - Referred to Education [SF2306 Detail]
Download: Minnesota-2011-SF2306-Introduced.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; repealing
1.5Minnesota Statutes 2010, sections 128D.05; 128D.08, subdivisions 1, 3, 4;
1.6128D.14.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [123A.695] CHANGE FROM INDEPENDENT TO MAYORAL
1.9DISTRICT.
1.10(a) Notwithstanding other law to the contrary, the governance of an independent
1.11school district with administrative offices in a city with more than 250,000 residents
1.12located in the seven-county metropolitan area shall be as provided in paragraphs (b) and
1.13(c). The care, management, supervision, conduct, and control of the school district and all
1.14the powers and rights of school boards of independent school districts except as otherwise
1.15stated are as described in paragraphs (b) and (c).
1.16(b) Notwithstanding other law to the contrary, a mayor shall appoint a seven-member
1.17board of education and a chief executive officer with recognized administrative ability and
1.18management experience who manages the district and has all other powers and duties of
1.19the district superintendent. The chief executive officer is not required to hold a school
1.20superintendent license or other administrative license under this section. The powers and
1.21duties of the board of education include:
1.22(1) increasing the quality of education services in the school district;
1.23(2) implementing policies, programs, and strategies to increase challenging learning
1.24opportunities targeted to diverse groups of students, increase student engagement and
1.25connection and community and family partnerships, and improve the educational
2.1outcomes of all groups of students enrolled in district schools so that students at least meet
2.2or exceed statewide averages for proficiency in reading and math and demonstrate medium
2.3or high growth or, if students are not proficient in reading and math, they consistently
2.4demonstrate high growth;
2.5(3) reducing the cost of noneducational services and implementing cost-saving
2.6measures;
2.7(4) developing a long-term financial plan;
2.8(5) streamlining and strengthening management of the system, including a
2.9school-based budgeting process to refocus resources on student achievement;
2.10(6) enacting policies and procedures to ensure an ethical and efficient system;
2.11(7) establishing or repurposing local school or school site council advisory boards;
2.12and
2.13(8) establishing organizational structures needed to efficiently and effectively
2.14operate the system.
2.15The members of the board of education shall serve staggered four-year terms.
2.16Board members serve without compensation or reimbursement of expenses incurred in
2.17performing board duties unless the mayor establishes a procedure to reimburse members
2.18for reasonable and necessary expenses.
2.19(c) Notwithstanding other law to the contrary, school districts under this section
2.20are exempt from the statutes and rules specified in section 124D.10, subdivision 7, to
2.21the extent the exemptions are consistent with and required to implement the provisions
2.22of this section.
2.23(d) A mayor shall appoint an education advisory council composed of representatives
2.24of the business community with experience in finance and management, parents of
2.25enrolled students, teachers and principals currently employed in the schools, and other
2.26interested persons representing various education-related service organizations and public
2.27and private nonprofit agencies, among other interests. Advisory council members shall
2.28convene periodically and provide advice to the mayor and city governing body upon
2.29request. Members serve without compensation and without reimbursement of expenses
2.30incurred in performing duties under this paragraph.
2.31 Sec. 2. Minnesota Statutes 2010, section 128D.02, is amended to read:
2.32128D.02BOARD OF EDUCATION GOVERNING ENTITY LIKE
2.33INDEPENDENT DISTRICT'S.
2.34(a) Consistent with section 123A.695, thegoverning body governance of such the
2.35school district shall bea board of education, which board shall have the mayor. The care,
3.1management, supervision, conduct, and control of the school district andshall have all the
3.2powers and rights of school boards of independent school districts except as otherwise
3.3stated are as described in paragraphs (b) and (c).
3.4(b) Notwithstanding other law to the contrary, a mayor shall appoint a seven-member
3.5board of education and a chief executive officer with recognized administrative ability and
3.6management experience who manages the district and has all other powers and duties of
3.7the district superintendent. The chief executive officer is not required to hold a school
3.8superintendent license or other administrative license under this section. The powers and
3.9duties of the board of education include:
3.10(1) increasing the quality of education services in the school district;
3.11(2) implementing policies, programs, and strategies to increase challenging learning
3.12opportunities targeted to diverse groups of students, increase student engagement and
3.13connection and community and family partnerships, and improve the educational
3.14outcomes of all groups of students enrolled in district schools so that students at least meet
3.15or exceed statewide averages for proficiency in reading and math and demonstrate medium
3.16or high growth or, if students are not proficient in reading and math, they consistently
3.17demonstrate high growth;
3.18(3) reducing the cost of noneducational services and implementing cost-saving
3.19measures;
3.20(4) developing a long-term financial plan;
3.21(5) streamlining and strengthening management of the system, including a
3.22school-based budgeting process to refocus resources on student achievement;
3.23(6) enacting policies and procedures to ensure an ethical and efficient system;
3.24(7) establishing or repurposing local school or school site council advisory boards;
3.25and
3.26(8) establishing organizational structures needed to efficiently and effectively
3.27operate the system.
3.28The members of the board of education shall serve staggered four-year terms.
3.29Board members serve without compensation or reimbursement of expenses incurred in
3.30performing board duties unless the mayor establishes a procedure to reimburse members
3.31for reasonable and necessary expenses.
3.32(c) Notwithstanding other law to the contrary, school districts under this section
3.33are exempt from the statutes and rules specified in section 124D.10, subdivision 7, to
3.34the extent the exemptions are consistent with and required to implement the provisions
3.35of this section.
4.1(d) A mayor shall appoint an education advisory council composed of representatives
4.2of the business community with experience in finance and management, parents of
4.3enrolled students, teachers and principals currently employed in the schools, and other
4.4interested persons representing various education-related service organizations and public
4.5and private nonprofit agencies, among other interests. Advisory council members shall
4.6convene periodically and provide advice to the mayor and city governing body upon
4.7request. Members serve without compensation and without reimbursement of expenses
4.8incurred in performing duties under this paragraph.
4.9 Sec. 3. CONFORMING AMENDMENTS.
4.10(a) This act supersedes any home rule charter or ordinance provision inconsistent or
4.11in conflict with this act.
4.12(b) A city subject to this act shall amend its charter and ordinances as necessary to
4.13conform with the requirements of this act. Notwithstanding Minnesota Statutes, chapter
4.14410, an amendment to a home rule charter to conform with this act is not subject to voter
4.15approval, but shall be made by ordinance adopted by a majority vote of the city council.
4.16 Sec. 4. POTENTIAL CONFLICTS.
4.17To the extent any conflicts with existing law arise under this act, the attorney general,
4.18in collaboration with affected city attorneys, shall provide advice to implement this law to
4.19the extent practicable and, if needed, propose legislation to resolve the conflicts.
4.20 Sec. 5. MINNESOTA DEPARTMENT OF EDUCATION IMPLEMENTATION
4.21REPORT.
4.22The commissioner of the Department of Education must submit written
4.23recommendations to the legislative committees with jurisdiction over kindergarten through
4.24grade 12 education finance and policy by February 15, 2013, for fully implementing
4.25sections 1 and 2.
4.26 Sec. 6. REPEALER.
4.27Minnesota Statutes 2010, sections 128D.05; 128D.08, subdivisions 1, 3, and 4;
4.28and 128D.14, are repealed.
4.29 Sec. 7. EFFECTIVE DATE.
4.30(a) Section 1 is effective the day after the terms of the most recently elected,
4.31currently serving school board members subject to section 1 expire and section 1 remains
5.1in effect through the 2024-2025 school year. Notwithstanding other law to the contrary,
5.2the term of any school board member expiring before the effective date of this paragraph
5.3is extended until the effective date of this paragraph; if that board member is unable
5.4to complete the extended term, the remaining board members shall appoint a qualified
5.5person to complete the term.
5.6(b) Sections 2 and 6 are effective without local approval under Minnesota Statutes,
5.7section 645.023, subdivision 1, the day after the terms of currently serving Minneapolis
5.8school directors elected in 2010 expire and these sections remain in effect through the
5.92024-2025 school year. Notwithstanding other law to the contrary, the term of any
5.10Minneapolis school director expiring before the effective date of this paragraph is extended
5.11until the effective date of this paragraph; if that director is unable to complete the extended
5.12term, the remaining directors shall appoint a qualified person to complete the term.
5.13(c) Sections 3, 4, and 5 are effective the day following final enactment.
5.14(d) A school board subject to this act is subject to Minnesota Statutes, section
5.15123B.09, subdivision 1, beginning in the 2025-2026 school year.
1.3subject to mayoral control;amending Minnesota Statutes 2010, section 128D.02;
1.4proposing coding for new law in Minnesota Statutes, chapter 123A; repealing
1.5Minnesota Statutes 2010, sections 128D.05; 128D.08, subdivisions 1, 3, 4;
1.6128D.14.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [123A.695] CHANGE FROM INDEPENDENT TO MAYORAL
1.9DISTRICT.
1.10(a) Notwithstanding other law to the contrary, the governance of an independent
1.11school district with administrative offices in a city with more than 250,000 residents
1.12located in the seven-county metropolitan area shall be as provided in paragraphs (b) and
1.13(c). The care, management, supervision, conduct, and control of the school district and all
1.14the powers and rights of school boards of independent school districts except as otherwise
1.15stated are as described in paragraphs (b) and (c).
1.16(b) Notwithstanding other law to the contrary, a mayor shall appoint a seven-member
1.17board of education and a chief executive officer with recognized administrative ability and
1.18management experience who manages the district and has all other powers and duties of
1.19the district superintendent. The chief executive officer is not required to hold a school
1.20superintendent license or other administrative license under this section. The powers and
1.21duties of the board of education include:
1.22(1) increasing the quality of education services in the school district;
1.23(2) implementing policies, programs, and strategies to increase challenging learning
1.24opportunities targeted to diverse groups of students, increase student engagement and
1.25connection and community and family partnerships, and improve the educational
2.1outcomes of all groups of students enrolled in district schools so that students at least meet
2.2or exceed statewide averages for proficiency in reading and math and demonstrate medium
2.3or high growth or, if students are not proficient in reading and math, they consistently
2.4demonstrate high growth;
2.5(3) reducing the cost of noneducational services and implementing cost-saving
2.6measures;
2.7(4) developing a long-term financial plan;
2.8(5) streamlining and strengthening management of the system, including a
2.9school-based budgeting process to refocus resources on student achievement;
2.10(6) enacting policies and procedures to ensure an ethical and efficient system;
2.11(7) establishing or repurposing local school or school site council advisory boards;
2.12and
2.13(8) establishing organizational structures needed to efficiently and effectively
2.14operate the system.
2.15The members of the board of education shall serve staggered four-year terms.
2.16Board members serve without compensation or reimbursement of expenses incurred in
2.17performing board duties unless the mayor establishes a procedure to reimburse members
2.18for reasonable and necessary expenses.
2.19(c) Notwithstanding other law to the contrary, school districts under this section
2.20are exempt from the statutes and rules specified in section 124D.10, subdivision 7, to
2.21the extent the exemptions are consistent with and required to implement the provisions
2.22of this section.
2.23(d) A mayor shall appoint an education advisory council composed of representatives
2.24of the business community with experience in finance and management, parents of
2.25enrolled students, teachers and principals currently employed in the schools, and other
2.26interested persons representing various education-related service organizations and public
2.27and private nonprofit agencies, among other interests. Advisory council members shall
2.28convene periodically and provide advice to the mayor and city governing body upon
2.29request. Members serve without compensation and without reimbursement of expenses
2.30incurred in performing duties under this paragraph.
2.31 Sec. 2. Minnesota Statutes 2010, section 128D.02, is amended to read:
2.32128D.02
2.33INDEPENDENT DISTRICT'S.
2.34(a) Consistent with section 123A.695, the
2.35school district shall be
3.1management, supervision, conduct, and control of the school district and
3.2powers and rights of school boards of independent school districts except as otherwise
3.3stated are as described in paragraphs (b) and (c).
3.4(b) Notwithstanding other law to the contrary, a mayor shall appoint a seven-member
3.5board of education and a chief executive officer with recognized administrative ability and
3.6management experience who manages the district and has all other powers and duties of
3.7the district superintendent. The chief executive officer is not required to hold a school
3.8superintendent license or other administrative license under this section. The powers and
3.9duties of the board of education include:
3.10(1) increasing the quality of education services in the school district;
3.11(2) implementing policies, programs, and strategies to increase challenging learning
3.12opportunities targeted to diverse groups of students, increase student engagement and
3.13connection and community and family partnerships, and improve the educational
3.14outcomes of all groups of students enrolled in district schools so that students at least meet
3.15or exceed statewide averages for proficiency in reading and math and demonstrate medium
3.16or high growth or, if students are not proficient in reading and math, they consistently
3.17demonstrate high growth;
3.18(3) reducing the cost of noneducational services and implementing cost-saving
3.19measures;
3.20(4) developing a long-term financial plan;
3.21(5) streamlining and strengthening management of the system, including a
3.22school-based budgeting process to refocus resources on student achievement;
3.23(6) enacting policies and procedures to ensure an ethical and efficient system;
3.24(7) establishing or repurposing local school or school site council advisory boards;
3.25and
3.26(8) establishing organizational structures needed to efficiently and effectively
3.27operate the system.
3.28The members of the board of education shall serve staggered four-year terms.
3.29Board members serve without compensation or reimbursement of expenses incurred in
3.30performing board duties unless the mayor establishes a procedure to reimburse members
3.31for reasonable and necessary expenses.
3.32(c) Notwithstanding other law to the contrary, school districts under this section
3.33are exempt from the statutes and rules specified in section 124D.10, subdivision 7, to
3.34the extent the exemptions are consistent with and required to implement the provisions
3.35of this section.
4.1(d) A mayor shall appoint an education advisory council composed of representatives
4.2of the business community with experience in finance and management, parents of
4.3enrolled students, teachers and principals currently employed in the schools, and other
4.4interested persons representing various education-related service organizations and public
4.5and private nonprofit agencies, among other interests. Advisory council members shall
4.6convene periodically and provide advice to the mayor and city governing body upon
4.7request. Members serve without compensation and without reimbursement of expenses
4.8incurred in performing duties under this paragraph.
4.9 Sec. 3. CONFORMING AMENDMENTS.
4.10(a) This act supersedes any home rule charter or ordinance provision inconsistent or
4.11in conflict with this act.
4.12(b) A city subject to this act shall amend its charter and ordinances as necessary to
4.13conform with the requirements of this act. Notwithstanding Minnesota Statutes, chapter
4.14410, an amendment to a home rule charter to conform with this act is not subject to voter
4.15approval, but shall be made by ordinance adopted by a majority vote of the city council.
4.16 Sec. 4. POTENTIAL CONFLICTS.
4.17To the extent any conflicts with existing law arise under this act, the attorney general,
4.18in collaboration with affected city attorneys, shall provide advice to implement this law to
4.19the extent practicable and, if needed, propose legislation to resolve the conflicts.
4.20 Sec. 5. MINNESOTA DEPARTMENT OF EDUCATION IMPLEMENTATION
4.21REPORT.
4.22The commissioner of the Department of Education must submit written
4.23recommendations to the legislative committees with jurisdiction over kindergarten through
4.24grade 12 education finance and policy by February 15, 2013, for fully implementing
4.25sections 1 and 2.
4.26 Sec. 6. REPEALER.
4.27Minnesota Statutes 2010, sections 128D.05; 128D.08, subdivisions 1, 3, and 4;
4.28and 128D.14, are repealed.
4.29 Sec. 7. EFFECTIVE DATE.
4.30(a) Section 1 is effective the day after the terms of the most recently elected,
4.31currently serving school board members subject to section 1 expire and section 1 remains
5.1in effect through the 2024-2025 school year. Notwithstanding other law to the contrary,
5.2the term of any school board member expiring before the effective date of this paragraph
5.3is extended until the effective date of this paragraph; if that board member is unable
5.4to complete the extended term, the remaining board members shall appoint a qualified
5.5person to complete the term.
5.6(b) Sections 2 and 6 are effective without local approval under Minnesota Statutes,
5.7section 645.023, subdivision 1, the day after the terms of currently serving Minneapolis
5.8school directors elected in 2010 expire and these sections remain in effect through the
5.92024-2025 school year. Notwithstanding other law to the contrary, the term of any
5.10Minneapolis school director expiring before the effective date of this paragraph is extended
5.11until the effective date of this paragraph; if that director is unable to complete the extended
5.12term, the remaining directors shall appoint a qualified person to complete the term.
5.13(c) Sections 3, 4, and 5 are effective the day following final enactment.
5.14(d) A school board subject to this act is subject to Minnesota Statutes, section
5.15123B.09, subdivision 1, beginning in the 2025-2026 school year.
