State board of education-membership.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0220

SENATE FILE
NO.

SF0098

State board of education-membership.

Sponsored by:
Senator(s) Meier, Bebout, Dockstader and Nutting and Representative(s) Hutchings, Jaggi, Piiparinen, Reeder and Teeters

A BILL

for

AN ACT relating to the state board of education; providing for the election of members; modifying the appointment of members; providing conforming amendme
nts; prescribing transition of terms of service
; 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.

Election and a
ppointment;
election districts established;
meetings; chairman.

(a)

There is created a state board of education composed of
thirteen (13) members,
eleven (11)
voting
members, ten (10)

of whom shall be

voting appointed
members with at least

elected
as provided by
subsection (b) of this section

and

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

by the governor in accordance with this
subsection
.
The remaining members of the board shall be
T
he
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
)
The

appointed
member shall
be appointed
represent the public

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. 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
.
Members shall be appointed by the governor with

be an elector of the state, be known for his professional ability and interest in education, be appointed for a six (6) year
term and be subject to
the approval of the senate.
Vacancies

Any
vacancy
in the appointed member's seat
shall be filled by the governor without senate approval until the next session of the legislature.
No

The
member is
not

eligible
to

for
reappointment
, except any member

unless
appointed to fill an unexpired term of less than six (6) years
, in which case he
may be reappointed for one (1) additional six (6) year term.
The a
ppointed
members of the board

member
may be removed by the governor as provided in W.S. 9
‑
1
‑
202.

(b)

The
ten (10) 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
ten (10)
election districts:

(
i
)

Board of education district 1 which shall consist of senate legislative districts
5, 7 and
8
;

(ii)

Board of education district 2 which shall consist of senate legislative districts
3, 4
and
6
;

(iii)

Board of education district 3 which shall consist of senate legislative districts
2, 9
and
10
;

(iv)

Board of education
district 4 which shall consist of senate legislative districts
1, 23
and 2
4
;

(v)

Board of education district 5 which shall consist of senate legislative districts
11, 12
and
13
;

(vi)

Board of education
district
6
which shall consist of senate legislative districts
14
,
15
and
16;

(vii)

Board of education district 7 which shall consist of senate legislative districts 27, 28 and 29;

(viii)

Board of education district 8 which shall consist of senate legislative districts 21, 22 and 30;

(ix)

Board of education district 9 which shall consist of senate legislative districts
17, 25 and
2
6;

(x)

Board of education district 10 which shall consist of senate legislative districts 18, 19 and 20.

(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
.

a
nd

T
he board shall meet at the call of the state superintendent of public instruction
,

or

the director of the department of education,
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 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.
At the 201
6
general election, and as provided by W.S. 21
‑
2
‑
301(b), ten (10) members of the state board of education shall be elected, five (5) members to a term of four (4) years and five
(5)
members to a term of two (2) years. Five (5) members of the state board of education
elected to a two (2) year term in the 201
6
general election
shall subsequently be elected at the 201
8
general election
for a term of four (4) years
.

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 electors 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 acco
rdance 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
‑
3
‑
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)

ten (10)
of whom shall be
appointed members with at least

elected as provided by subsection (b) of this section and
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

by the governor in accordance with this subsection
. The remaining
voting member
of the board shall be the state superintendent of public instruction
.

One (1)

The
appointed member shall
be appointed

represent the public
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.
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. Members shall be appointed by the governor with

be an elector of the state, be known for his professional ability and interest in education, be appointed to a six (6) year term and shall be subject to

the approval of the senate.
Vacancies

Any
vacancy in the appointed member's seat
shall be filled by the governor without senate approval until the next session of the legislature.
No

The
member is
not

eligible
to

for

reappointment
, except any member

unless
appointed to fill an unexpired term of less than six (6) years
, in which case he
may be reappointed for one (1) additional six (6) year term.
The a
ppointed
members

member
of the board may be removed by the governor as provided in W.S. 9
‑
1
‑
202.

(b)

The ten (10) 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 ten (10) election districts:

(
i
)

Board of education district 1 which shall consist of senate legislative districts 5, 7 and 8
;

(ii)

Board of education district 2 which shall consist of senate legislative districts 3, 4 and 6
;

(iii)

Board of education district 3 which shall consist of senate legislative districts 2, 9 and 10;

(iv)

Board of education
district 4 which shall consist of senate legislative districts 1, 23 and 24
;

(v)

Board of education district 5 which shall consist of senate legislative districts 11, 12 and 13
;

(vi)

Board of education
district 6 which shall consist of senate legislative districts 14, 15 and 16;

(vii)

Board of education district 7 which shall consist of senate legislative districts 27, 28 and 29;

(viii)

Board of education district 8 which shall consist of senate legislative districts 21, 22 and 30;

(ix)

Board of education district 9 which shall consist of senate legislative districts 17, 25 and 26;

(x)

Board of education district 10 which shall consist of senate legislative districts 18, 19 and 20.

(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)

Except for the term of that member appointed at large as a representative of a school district board of trustees at the time of appointment, th
e
terms of the remaining ten

(
1
0
) members appointed
to the state board
of education
under W.S. 21
‑
2
‑
301
prior to the effective date of this act
shall expire January 4, 201
7
.
Any board member appointed to a term of office in accordance with W.S. 21
‑
2
‑
301 that commences after the effective date of this act and prior to the 2016 general election, shall be appointed to a term of office that expires January 4, 2017.
The appointed member whose term does not expire
on January 4, 2017 pursuant to
this subsection shall continue to serve
on the state board
for the remainder of the term
of his initial appointment and
if otherwise qualified,
shall fill the membership of the appointed member under the state board as reconstituted under W.S. 21
‑
2
‑
301, as amended by section 1
or 2
of this act
, as applicable
. Nothing in this act shall prevent a state board member appointed
to a term of office that expires on January 4, 2017 under this section,
from seeking election to the state board
pursuant to
this act if the member is otherwise eligible for candidacy in the election.

(b)

The election of
the ten (10
) state board members required by W.S. 21
‑
2
‑
301(
a)
,
as amended by
section 1 of
this act, shall commence with the 201
6
general election

by nonpartisan ballot. The service of the members elected
at the 201
6
general election
shall
begin
on
January 5, 201
7
. Notwithstanding W.S. 21
‑
2
‑
301(b),
as amended by section 1 of this act,
the initial term of the elected state board members from board of education election districts 1, 3
, 5, 7
and
9
shall be for a term of two (2) years.

Section
5
.

(a)

Section 1 of this act is effective J
uly 1, 2014
, only if section
3
of this act is not effective as provided by subsection (b) of this section
.

(b)

Sections 2 and 4 of this act are effective July 1, 2014.

(
c
)

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. If the certification is filed with the secretary of sta
te after July 1, 2014, section 3
of this act is effective upon filing and shall supersede W.S. 2
1
‑
2
‑
301, as amended by section
1
of this act. If the certification is filed with the secretary of state before July 1, 2014, section
3
of this act is effective July 1, 2014 and shall supersede W.S. 21
‑
2
‑
301, as amended by section
1
of this act.

(END)

1
SF0098