HF 3181

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; clarifying and amending certain education provisions;
analyzing state and district reporting systems; amending Minnesota Statutes
2006, sections 205A.03, subdivision 1; 205A.06, subdivision 1a; Minnesota
Statutes 2007 Supplement, section 123B.143, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2007 Supplement, section 123B.143, subdivision 1,
is amended to read:

Subdivision 1.

Contract; duties.

All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member of the
school board. The authority for selection and employment of a superintendent must be
vested in the board in all cases. An individual employed by a board as a superintendent
shall have an initial employment contract for a period of time no longer than three years
from the date of employment. Any subsequent employment contract must not exceed a
period of three years. A board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the duration of an existing
employment contract. Beginning 365 days prior to the expiration date of an existing
employment contract, a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing contract. A subsequent contract
must be contingent upon the employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated prior to the date specified in
the contract, the board may not enter into another superintendent contract with that same
individual that has a term that extends beyond the date specified in the terminated contract.
A board may terminate a superintendent during the term of an employment contract for any
of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
not rely upon an employment contract with a board to assert any other continuing contract
rights in the position of superintendent under section 122A.40. Notwithstanding the
provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
to the contrary, no individual shall have a right to employment as a superintendent based
on order of employment in any district. If two or more districts enter into an agreement for
the purchase or sharing of the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to serve as superintendent
in one of the contracting districts and no individual has a right to employment as the
superintendent to provide all or part of the services based on order of employment in a
contracting district. The superintendent of a district shall perform the following:

(1) visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;

(2) recommend to the board employment and dismissal of teachers;

(3) superintend school grading practices and examinations for promotions;

(4) make reports required by the commissioner; new text begin and
new text end

(5) deleted text begin by January 10, submit an annual report to the commissioner in a manner
prescribed by the commissioner, in consultation with school districts, identifying the
expenditures that the district requires to ensure an 80 percent student passage rate on
the MCA-IIs taken in the eighth grade, identifying the highest student passage rate the
district expects it will be able to attain on the MCA-IIs by grade 12, and the amount of
expenditures that the district requires to attain the targeted student passage rate; and
deleted text end

deleted text begin (6) deleted text end perform other duties prescribed by the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2006, section 205A.03, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Required deleted text end new text begin Resolution requiring new text end primary in certain circumstances.

deleted text begin In deleted text end new text begin The school board of new text end a school district deleted text begin election, deleted text end new text begin may, by resolution adopted by June 1 of
any year, decide to choose school board nominees by a primary under this section. The
resolution, when adopted, is effective for all subsequent board member elections in the
school district until it is revoked. If the board decides to choose nominees by primary
and new text end if there are more than two candidates for a specified school board position or more
than twice as many school board candidates as there are at-large school board positions
available, a school district must hold a primary.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2006, section 205A.06, subdivision 1a, is amended to read:

Subd. 1a.

Filing period.

new text begin In school districts that have adopted a resolution to choose
nominees for school board by a primary election, new text end affidavits of candidacy must be filed
with the school district clerk no earlier than the 70th day and no later than the 56th day
before the first Tuesday after the second Monday in September in the year when the
school district general election is held. new text begin In all other school districts, affidavits of candidacy
must be filed no earlier than the 70th day and no later than the 56th day before the school
district's general election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin DEPARTMENT OF EDUCATION REPORT.
new text end

new text begin The Department of Education must submit a report to the education committees of
the legislature by January 15, 2009, analyzing the department's data collection procedures
under each of the department's major data reporting systems and recommend a streamlined,
Web-based system of reporting school district data. The report also must analyze existing
stand-alone school district reporting requirements and recommend the elimination of any
district reports that are duplicative of other data already collected by the department.
new text end