1.1                          A bill for an act
  1.2             relating to education; creating an exemption to the 
  1.3             licensure requirement for superintendents; amending 
  1.4             Minnesota Statutes 1996, section 123.34, subdivision 
  1.5             9; proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 125. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 123.34, 
  1.9   subdivision 9, is amended to read: 
  1.10     Subd. 9.  [SUPERINTENDENT.] (a) All districts maintaining a 
  1.11  classified secondary school shall employ a superintendent who 
  1.12  shall be an ex officio nonvoting member of the school board.  
  1.13  The authority for selection selecting and employment of 
  1.14  employing a superintendent shall be is vested in the school 
  1.15  board in all cases.  An individual employed by a school board 
  1.16  employs as a superintendent shall have has an initial employment 
  1.17  contract for a period of time no longer than three years from 
  1.18  the date of employment.  Any subsequent employment contract must 
  1.19  not exceed a period of three years.  A school board, at its 
  1.20  discretion, may or may not renew an employment contract.  A 
  1.21  school board shall not, by action or inaction, extend the 
  1.22  duration of an existing employment contract.  Beginning 365 days 
  1.23  prior to before the expiration date of an existing employment 
  1.24  contract expires, a school board may negotiate and enter into a 
  1.25  subsequent employment contract to take effect upon the 
  1.26  expiration of the existing contract.  A subsequent contract 
  2.1   shall be contingent upon the employee completing the terms of an 
  2.2   existing contract.  If a contract between a school board and a 
  2.3   superintendent is terminated prior to before the date specified 
  2.4   in the contract, the school board may not enter into another 
  2.5   superintendent contract with that same individual that has a 
  2.6   term that extends beyond the date specified in the terminated 
  2.7   contract.  A school board may terminate a superintendent during 
  2.8   the term of an employment contract for any of the grounds 
  2.9   specified in section 125.12, subdivision 6 or 8.  A 
  2.10  superintendent shall not rely upon an employment contract with a 
  2.11  school board to assert any other continuing contract rights in 
  2.12  the position of superintendent under section 125.12.  
  2.13  Notwithstanding the provisions of sections 122.532, 122.541, 
  2.14  125.12, subdivision 6a or 6b, or any other law to the contrary, 
  2.15  no individual shall have has a right to employment as a 
  2.16  superintendent based on order of employment in any district.  If 
  2.17  two or more school districts enter into an agreement for the to 
  2.18  purchase or sharing of share the services of a superintendent, 
  2.19  the contracting districts have the absolute right to select one 
  2.20  of the individuals employed to serve as superintendent in one of 
  2.21  the contracting districts and no individual has a right to 
  2.22  employment as the superintendent to provide all or part of the 
  2.23  services based on order of employment in a contracting district. 
  2.24  The superintendent of a district shall perform the following:  
  2.25     (1) visit and supervise the schools in the district, report 
  2.26  and make recommendations about their condition when advisable or 
  2.27  on request by the board; 
  2.28     (2) recommend to the board employment and dismissal of 
  2.29  teachers; 
  2.30     (3) superintend school grading practices and examinations 
  2.31  for promotions; 
  2.32     (4) make reports required by the commissioner of children, 
  2.33  families, and learning; and 
  2.34     (5) perform other duties prescribed by the board. 
  2.35     (b) The provisions in paragraph (a) apply whether or not 
  2.36  the individual the school board employs as a superintendent has 
  3.1   a license as supervisory personnel. 
  3.2      Sec. 2.  [125.0305] [LICENSE EXEMPTION FOR SUPERINTENDENT.] 
  3.3      Notwithstanding section 125.03, subdivision 4, or other law 
  3.4   to the contrary, a school district may employ as a school 
  3.5   superintendent a person who does not have a license as 
  3.6   supervisory personnel if, in the judgment of the school board, 
  3.7   the person has the knowledge and experience necessary to 
  3.8   competently perform the duties of the superintendent under 
  3.9   section 123.34, subdivision 9. 
  3.10     Sec. 3.  [EFFECTIVE DATE.] 
  3.11     Sections 1 and 2 are effective for the 1997-1998 school 
  3.12  year and thereafter.