Current statutory law provides the state board of education (board) with the discretion to exempt some positions in the department of education (department) from the state personnel system if the positions are determined by the board to be director, consultant, supervisor, or instructor positions. The bill authorizes the board to delegate the authority to make these determinations to the commissioner of education.
The bill specifies that any employee holding a position determined by the board or by the commissioner of education, as the board's designee, to be a director, a consultant, a supervisor, or an instructor position on or before September 1, 2017, remains exempt from the state personnel system so long as the employee continues to hold that position.
The board or the commissioner of education, as the board's designee, is required to determine which positions in the department meet the criteria to be exempt from the state personnel system; except that the board may not determine that a position is exempt while it is held by an employee in the state personnel system.
On or before December 31 of each year, the commissioner of education is required to submit a report to the state personnel director listing all positions in the department that are exempt, pursuant to the board's statutory authority, from the state personnel system.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)