State board of education-members.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0250

HOUSE BILL
NO.

HB0114

State board of education-members.

Sponsored by:
Representative(s) Teeters and Kroeker and Senator(s) Meier

A BILL

for

AN ACT relating to the state board of education; providing for the election of members
and
modifying the appointment of
remaining
members; providing conforming amendments; prescribing
initial terms
; and providing for effective date
s
.

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

Section 1.

W.S.
21
‑
2
‑
301,
as amended by 2013 Wyoming Session Laws, Chapter 1,

is
amended to read:

21
‑
2
‑
301.

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

(a)

There is created a state board of education
composed
of
thirteen
(1
3
) members, eleven (11) of whom
shall be
voting

appointed
members
.

with
at least one (1) member appointed from each appointment district pursuant to W.S. 9
‑
1
‑
218. Appointments from each appointment district shall be rotated among the several counties comprising the district

Of
the voting members, five (5) shall be appointed at large by the governor and six (6) shall be elected by nonpartisan ballot
in accordance with subsection (b) of this section
.
The remaining
two (2)

member
s
of the board shall be the state superintendent of public instruction
and the director of the state department of education
.
The state superintendent and the director shall be ex-officio members and shall not have the right to vote.
One (1) appointed
voting

member shall be
appointed at large and shall be
a certified classroom teacher at the time of appointment
,
.

o
ne
(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

one (1) shall be a member of a board of trustees of a school district with enrollment greater than the statewide average Wyoming school district, as computed at the time of appointment, one (1) shall be a member of a board of trustees of a school district with enrollment less than the average Wyoming school
district
and
one (1)

shall be
a
representative of private business or industry in Wyoming.
On and after March 1, 2013 and upon expiration of their respective terms, the appointments of the two (2) members previously designated to be representative of business or industry shall be at large, one (1) a representative of Wyoming private business or industry and one (1) a member of a school district board of trustees at the time of appointment. The first appointment to the term of such member which expires on or after March 1, 2013, shall be a school district board member at the time of appointment
. 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.
Appointed m
embers shall be

appointed by the governor with the approval of

confirmed
by

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 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 title 22 of the Wyoming statutes. One (1) member shall be elected from among the qualified elector residents of each of the following six (6) election districts:

(
i
)

State board of education district 1 which shall consist of senate legislative districts 4, 5, 6, 7 and 8
;

(ii)

State board of education district 2 which shall consist of senate legislative districts 9, 10, 11, 12 and 13
;

(iii)

State board of education district 3 which shall consist of senate legislative districts 14, 15, 16, 25 and 26;

(iv)

State
board of education district 4 which shall consist of senate legislative districts 17, 18, 19, 20 and 21
;

(v)

State board of education district 5 which shall consist of senate legislative districts 22, 27, 28, 29 and 30
;

(vi)

State
board 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 director,
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,
the superintendent of public instruction
and the director

shall not participate in board deliberations on
any matter relating to a contested case involving actions of the department of education.

Section

2.

W.S.
22
‑
2
‑
105(a)(ii)(intro),
22
‑
5
‑
206(a),
22
‑
5
‑
208(a)(
i
),
22
‑
6
‑
125(a) by creating a new paragraph (ix) and by renumbering (ix) through (xiv) as (x) through (xv)
,
22
‑
6
‑
126(b)
, 22
‑
18
‑
111(a) by creating a new paragraph (vii)
, 22
‑
22
‑
202(a), 22
‑
22
‑
203
and 22
‑
25
‑
107(a)(ii)
are amended to read:

22
‑
2
‑
105.

Terms of office and offices voted on at general elections.

(a)

The terms of office and offices voted on at ge
neral 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 board of education
. 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
‑
5
‑
206.

Where nomination applications to be filed.

(a)

Nomination applications for United States senators and representatives in congress, state offices, members of the legislature,
members
of the state board of education,

circuit court judges
,
and state district court judges shall be filed in the office of the secretary of state.

22
‑
5
‑
208.

Filing fees; exception.

(a)

Applications shall be accompanied by the following fees:

(
i
)

Twenty
-
five dollars ($25.00) for the offices of state senator, state representative
,

and
district attorney
, for membership on the state board of education

and for the offices to be voted for by e
lectors wholly within a county;

22
‑
6
‑
125.

Order of offices and ballot propositions on nonpartisan ballots.

(a)

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

(ix)

Candidates for state board of education;

(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)
(xiv)

Referendum propositions;

(xiv)
(xv)

Other ballot propositions.

22
‑
6
‑
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 board of education
,
but otherwise shall be in the same form as the general election nonpartisan ballot.

22
‑
18
‑
111.

Vacancies in other offices; temporary appointments.

(a)

Any vacancy in any other elective office in the state except representative in congress or the board of trustees of a school or community college district, shall be filled by the governing body, or as otherwise provided in this section, by appointment of a temporary successor. The person appointed shall serve until a successor for the remainder of the unexpired term is elected at the next general election and takes office on the first Monday of the following January. Provided, if a vacancy in a four (4) year term of office occurs in the term's second or
subsequent years after the first day for filing an application for nomination pursuant to W.S. 22
‑
5
‑
209, no election to fill the vacancy shall be held and the temporary successor appointed shall serve the remainder of the unexpired term. The following apply:

(vii)

A vacancy in the office of any state board of education membership shall be filled by the county commissioners in accordance with subparagraphs
(iii
)(
B)
and (C) of this subsection.

22
‑
22
‑
202.

Filing of application; form.

(a)

A qualified elector may be nominated for the office of school district trustee
, member of the state board of education
or member of a community college board by filing an application for election in the office of the county clerk not more than ninety (90) nor less than seventy (70) days prior to the election. The application shall be in substantially the following form:

APPLICATION FOR ELECTION FOR SCHOOL OR
COMMUNITY COLLEGE TRUSTEE

I, the undersigned, swear or affirm that I was born on ....,
....(
year), and that I have been a resident of the State of Wyoming since ...., and that I am a registered voter of the ....
school
district or community college district (and resident of trustee residence area or
subdistrict
...., if any)
, residing at ....,
and I do hereby request that my name, ...., be printed on the ballot of the election to be held on the ....
day
of ...., ....(year), as a candidate for the office of ....
for
a term of ....
years
. I hereby declare that if I am elected, I will qualify for the office.

Dated: ....
.......... (Signature of Candidate)
.... Name as it is to appear on the ballot
............... (Residence Address)

22
‑
22
‑
203.

Determining validity of application; placement on ballot; procedure for multi
‑
county districts.

(a)

The county clerk receiving a nomination application shall determine whether the person seeking nomination is a qualified candidate. If the application is sufficient in all respects, the name of the person
nominated shall appear on the official ballot for the election specified in the application. In the case of a school
, state board of education election district
or community college district which crosses county boundaries, the clerk of the county in which a valid application is filed shall certify the name of the person nominated to the clerk of the other county or counties involved for placement on the official ballot for the election specified in the application.

(b)

Each county clerk in each election involving a school
, state board of education election district
or community college district which crosses county boundaries shall determine whether voting machines, electronic voting system, paper ballots, or a combination thereof, shall be used to insure that each qualified elector votes only for the candidate or candidates from the school district and trustee residence area, if any,

from the state board of education election district, if any,
and from the community college district and
subdistrict
, if any, for which he is entitled to vote.

22
‑
25
‑
107.

Where statements to be filed.

(a)

All statements required under this chapter shall be filed as follows:

(ii)

Any candidate for a state legislative or district judgeship office
, for membership on the state board of education
and any political action committee or candidate's campaign committee supporting or opposing such a candidate, shall file with the secretary of state;

Section
3
.

W.S. 21
‑
2
‑
301, as in effect prior to the enactment of 2013 Wyoming Session Laws, Chapter 1, is amended to read:

21
‑
2
‑
301.

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

(a)

There is created a state board of education composed of
twelve (12)
members,
eleven (11)

five (5)
of whom shall be appointed
members with at least one (1) member appointed from each appointment district pursuant to W.S. 9
‑
1
‑
218. Appointments from each appointment district shall be rotated among the several counties comprising the district

at large by the governor and six (6) shall be elected by nonpartisan ballot
in accordance with subsection
(b) of this section
. 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
,
.

o
ne
(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

one (1) shall be a member of a board of trustees of a school district with enrollment greater than the statewide average Wyoming school district, as computed at the time of appointment, one (1) shall be a member of a board of trustees of a school district with enrollment less than the average Wyoming school district
, as computed at the time of appointment,
and
one (1)

shall be
a

representative of private business or industry in Wyoming.
On and after March 1, 2013 and upon expiration of their respective terms, the appointments of the two (2) members previously designated to be representative of business or industry shall be at large, one (1) a representative of Wyoming private business or industry and one (1) a member of a school district board of trustees at the time of appointment. The first appointment to the term of such member which expires on or after March 1, 2013, shall be a
school district board member at the time of appointment. 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.
Appointed m
embers shall be
appointed by the governor with the approval of

confirmed by
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 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 title 22 of the Wyoming statutes. One (1) member shall be elected from among the
qualified elector residents of each of the following six (6) election districts:

(
i
)

State board of education district 1 which shall consist of senate legislative districts 4, 5, 6, 7 and 8
;

(ii)

State board of education district 2 which shall consist of senate legislative districts 9, 10, 11, 12 and 13
;

(iii)

State board of education district 3 which shall consist of senate legislative districts 14, 15, 16, 25 and 26;

(iv)

State
board of education district 4 which shall consist of senate legislative districts 17, 18, 19, 20 and 21
;

(v)

State board of education district 5 which shall consist of senate legislative districts 22, 27, 28, 29 and 30
;

(vi)

State
board 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, the 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.

Section 4
.

(
a
)

A
s necessary to conform with the requirements of W.S. 21
‑
2
‑
301(a), as amended by section 1
or
3

of this act
,
as applicable,
the governor shall appoint one (1) member to
the state board
which
, at the time of appointment,
is a member of a
board of trustee
s
of a school district with enrollment
either
more or
less than the a
verage Wyoming school district
, depending upon
the enrollment of the district of that board member appointed to represent a school district board of trustees prior to the effective date of this act
.

The term of the appointment under this subsection shall commence on January 5, 2015.

(
b
)

The service of the seven (7) members appointed at large to the state board
prior to the effective date of this act, who
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
, a
representative of private business or industry in Wyoming
and a representative of a school district board of trustees
, shall terminate on January 5, 201
5
.

(
c
)

The election of six (6) state board members as required by W.S. 21
‑
2
‑
301(
a)
,
as amended by
section 1
or 3
of
this act,
as applicable,
shall commence with the 2014
general election

by nonpartisan ballot. The service of the
elected
members
shall
commence
their respective
board
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.

(
d
)

The provisions of W.S. 21
‑
2
‑
301(
a)
,
as amended by
section 1
or
3
of
this act,
as applicable,
shall not be implemented in a manner
that
affect
s
the term
s
of th
ose
state board members
appointed prior to the effective date of this act and
appointed at large
to represent
a certified classroom teacher,
a
certified school
administrator
, a
representative of private business or industry in Wyoming
and a member of a school district school board of trustees
. 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)

Section
s
1
and 2
of t
his act are
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
, subject to section
3
of this act as provided by subsection (b) of this section.

(b)

If a final order by the district court of Laramie County, Wyoming, is issued implementing without change the final ruling of the Wyoming Supreme Court issued January 28, 2014, in the case of
Kerry and Clara Powers, on behalf of themselves and the citizens of Wyoming, and Cindy Hill, on behalf of herself and as the Superintendent of Public Instruction v. State of Wyoming and Matthew H. Mead, Governor, in his official capacity [Docket No. S-13-0052]
, then upon expiration of time for appeal of that order, or if appealed, upon issuance of a final order or mandate of the Wyoming Supreme Court confirming the district court final order, the Governor shall certify the entry of the district court final order. The Governor shall immediately file any certification under this section together with the final order with the secretary of state. Upon filing certification with the secretary of state, section
3
of this act is effective and shall supersede W.S. 21
‑
2
‑
301, as amended by section 1 of this act.

(END)

1
HB0114