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Minnesota Legislature

Office of the Revisor of Statutes

HF 1718

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; prohibiting school board from
contracting to limit superintendent authority to
assign teachers and administrators; providing for
school district superintendent authority to assign
teachers and administrators; amending Minnesota
Statutes 2004, sections 123B.09, subdivision 8;
123B.143, subdivision 1.


Section 1.

Minnesota Statutes 2004, section 123B.09,
subdivision 8, is amended to read:

Subd. 8.


The board must superintend and manage
the schools of the district; adopt rules for their organization,
government, and instruction; keep registers; and prescribe
textbooks and courses of study. The board may enter into an
agreement with a postsecondary institution for secondary or
postsecondary nonsectarian courses to be taught at a secondary
school, nonsectarian postsecondary institution, or another
location. new text beginThe board must not enter into an agreement which
limits a district superintendent's duty to assign and reassign
teachers or administrators to the schools in which the teachers
will teach or the administrators will administer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for agreements
entered into on or after July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, 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

(3) new text beginbefore the start of the school year, and at other times
as needed, superintend the assignment of teachers or
administrators to schools to best meet student and school needs
as determined by the superintendent;
new text end

new text begin (4) new text endsuperintend school grading practices and examinations
for promotions;

deleted text begin (4) deleted text endnew text begin(5) new text endmake reports required by the commissioner;

deleted text begin (5) deleted text endnew text begin(6) new text endby 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 basic standards test taken in the eighth
grade, identifying the highest student passage rate the district
expects it will be able to attain on the basic standards test by
grade 12, the amount of expenditures that the district requires
to attain the targeted student passage rate, and how much the
district is cross-subsidizing programs with special education,
basic skills, and general education revenue; and

deleted text begin (6) deleted text endnew text begin(7) new text endperform other duties prescribed by the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end