State board of education.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0598

HOUSE BILL
NO.

HB0244

State board of education.

Sponsored by:
Representative(s) Teeters, Sommers and
Winters
and Senator(s) Coe

A BILL

for

AN ACT relating to the state board of education;
creating a director of the department of education appointed by the state board;
specifying duties;
providing for the election of members; modifyi
ng the appointment of members;
providing conforming amendments
;
prescribing the transition for the department and director;

and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 21-1-105 is created to read:

21
‑
1
‑
10
5
.

Director of department of education; appointment.

(a)

The state board of education shall appoint a person as the director of the state department of education
,

who shall serve at the pleasure of the governor and may be removed by him as provided in W.S. 9
‑
1
‑
202 or with a vote of no confidence by the state board. The director shall at minimum, hold a master's degree in business, public or education administration, or other relevant advanced degree from an accredited higher education institution, have a minimum of ten (10) years of management or administrative experience in education, government or business, provide credentials demonstrating exceptional accomplishment in previous employment, and provide evidence of problem solving skills, organizational skills, education assessment and accountability experience and knowledge of statistical analysis, data management, school finance and possess effective communication skills. The director shall carry out the duties prescribed by W.S. 21
‑
2
‑
202 and other duties as may be prescribed by law. The director's salary shall be determined by the governor. The appointment under this subsection shall be with the advice and consent of the senate in accordance with W.S. 28
‑
12
‑
101 through 28
‑
12
‑
103, except the duties of the governor under those provisions shall be carried out by the state board.

(b)

The director shall serve as the administrative head and chief executive officer of the state department of education.

Section
2
.

W.S. 21
‑
2
‑
301
, 22
‑
2
‑
105(
a)(ii)
(intro)
, 22
‑
6
‑
125(a) by creating a new paragraph (ix) and by renumbering paragraphs (ix) through (xiv) as (x) through (xv) and 22
‑
6
‑
126(b)

are
amended to read:

21
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2
‑
301.

Appointment; qualifications, terms and removal of members; meetings; chairman.

(a)

There is created a state board of education composed of
twelve (12)

ten (10
)
voting members,
eleven (11)

four (4
)

of whom shall be appointed members
.

with
at least one (1) member appointed from each appointment district pursuant to W.S. 9
‑
1
‑
218
.
The remaining voting member of the board shall be the state superintendent of public instruction.

One (1) appointed member
shall be appointed at large and

shall be
a certified classroom teacher at the time of appointment.
One (1)
appointed
member shall also be appointed at large and
shall be
a
certified school
administrator

at the time of appointment.
Two (2) appointed members shall be appointed at large
and

shall be representative of private business or industry in Wyoming.
The remaining seven (7) appointed members of the board shall be appointed from among the lay citizens of the state who are electors of the state, known for their public spirit, business or professional ability and interest in education.

Not more than six (6)

appointed members of the board shall be from one (1) political party.

Members shall be appointed for six (6) year terms, except those who may be appointed to fill unexpired terms. Members shall be appointed by the governor with the approval of the senate. Vacancies shall be filled by the governor without senate approval until the next session of the legislature. No member is eligible to reappointment, except any member appointed to fill an unexpired term of less than six (6) years and the term expires on or after January 1, 1996, may be reappointed for one (1) additional six (6) year term. Appointed members of the board may be removed by the governor as provided in W.S. 9
‑
1
‑
202.

(b)

The remaining
six (6
) voting members of the state board shall be elected by nonpartisan ballot at each general election for a term of four (4) years
pursuant to the provisions of this section and
t
itle 22

of the Wyoming statutes
. On
e (1)
member shall be elected from
among the
qualified elector residents
of
each of the following
six (6)
election districts:

(
i
)

B
oard of education district 1 which shall consist of senate
legislative
districts

4, 5, 6, 7 and 8
;

(ii)

B
oard of education district 2 which shall consist of senate
legislative
districts

9, 10, 11, 12 and 13
;

(iii)

B
oard of education district 3 which shall consist of senate
legislative
districts

14, 15, 16
,
25 and 26
;

(iv)

B
oard of education
district 4 which shall consist of senate
legislative
districts

17, 18, 19, 20 and 21
;

(v)

B
oard of education district 5 which shall consist of senate
legislative
districts

22, 27, 28, 29 and 30
;

(vi)

B
oard of education
district 6 which shall consist of senate
legislative
districts

1, 2, 3, 23 and 24
.

(b)
(
c)

During the first quarter of the calendar year a meeting shall be held at which a chairman shall be elected. Meetings may be held at regular intervals as often as the duties of the board require and the board shall meet at the call of the state superintendent of public instruction or the governor or the chairman whenever in the opinion of these officials, or any of them, the need for such meeting exists.

(c)
(d
)

Notwithstanding subsection (a) of this section,
T
he
superintendent of public instruction shall not participate in board deliberations on
or vote on
any matter relating to a contested case involving actions of the department of education.

22
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2
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105.

Terms of office and offices voted on at general elections.

(a)

The terms of office and offices voted on at general elections are as follows:

(ii)

Four Year Term. - At the general election in 1974 and in every fourth (4th) year thereafter, there
shall be elected the following officers: one (1) governor, one (1) secretary of state, one (1) state treasurer, one (1) state auditor, one (1) superintendent of public instruction, county clerks, county treasurers, county assessors, county coroners, county and prosecuting attorneys, district attorneys, sheriffs, clerks of the district court

and members of the state school board
. At every general election there shall be elected the necessary member or members of the Wyoming senate and county commissioners. The question of retention of a circuit court judge or a magistrate of the circuit court shall be submitted:

22
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6
‑
125.

Order of offices and ballot propositions on nonpartisan ballots.

(a)

The nonpartisan ballot shall contain the offices and ballot propositions to be voted on in the following order:

(ix)

Candidates for state school board;

(ix)
(x
)

Candidates for special district directors;

(x)
(
xi)

Candidates for other offices of county subdivisions;

(xi)
(
xii)

Constitutional amendments;

(xii)
(
xiii)

Initiative propositions;

(xiii)
(x
iv)

Referendum propositions;

(xiv)
(
xv)

Other ballot propositions.

22
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6
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126.

Form of nonpartisan ballots
.

(b)

The official nonpartisan ballot for a primary election shall be so identified in the title and shall omit all references to justices of the
supreme court
, judges of the district court
,

and

circuit court judges

and members of the state school board
but otherwise shall be in the same form as the general election nonpartisan ballot.

Section 3.
W.S. 21
‑
1
‑
104 and Sections 4(a) and 5(a) as enacted by Senate File 104 by the 2013 Wyoming legislature are repealed.

Section
4
.

(a)

The

service
of
the

seven (7)
members appointed
at large
to the state board
to represent
the lay citizens of the state who are electors of the state, known for their public spirit, business or professional ability and interest in education
and
who were not appointed
to
fulfill the requirements for a certified classroom teacher,
a
certified school
administrator
and two (2) representatives of private business or industry in Wyoming
as required by W.S. 21
‑
2
‑
301,

shall terminate
on
January 5, 2015
.

(b)

T
he election of
six (6)
state board
members
as required by W.S. 21
‑
2
‑
301(
a) as amended by this act
,
shall commence with the 2014 general election

by nonpartisan ballot
.
The service of the members elected
shall enter upon their respective duties on
January 5, 2015.
Notwithstanding W.S. 21
‑
2
‑
301(
b), the initial term of the elected state board members from
board of
education
election
districts 1, 3 and 5 shall be for a term of two (2) years.

(c)

The provisions of W.S. 21
‑
2
‑
301(
a) as amended by this act, shall not be implemented in a manner to affect t
he
term of the
state board members
appointed at large
that represent
a certified classroom teacher,
a
certified school
administrator
and two (2)
representative
s
of private business or industry in Wyoming
prior to the effective date of this act. Any member appointed prior to the effective date of this act and serving on the effective date of this act may be reappointed if otherwise qualified for reappointment under W.S. 21
‑
2
‑
301(
a).

Section
5
.

(a)

It is the intention and direction of the legislature that all divisions, agencies, programs, positions, personnel, property, appropriated funds and functions of the department of education shall transfer immediately to the interim director of the department of education as appointed by the state board of education as required by this act.

(b)

The state board shall immediately appoint a person to serve as the interim director of the Wyoming department of education upon the effective date of this
act. Not later than December 1, 2013, the state board shall appoint a permanent director of the state department of education as required by this act.

Section
6
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0244