1.1 	A bill for an act
1.2 	relating to education; prohibiting school board from
1.3 	contracting to limit superintendent authority to
1.4 	assign teachers and administrators; providing for
1.5 	school district superintendent authority to assign
1.6 	teachers and administrators; amending Minnesota
1.7 	Statutes 2004, sections 123B.09, subdivision 8;
1.8 	123B.143, subdivision 1.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 123B.09,
1.11 	subdivision 8, is amended to read:
1.12 		Subd. 8.Duties.  The board must superintend and manage
1.13 	the schools of the district; adopt rules for their organization,
1.14 	government, and instruction; keep registers; and prescribe
1.15 	textbooks and courses of study.  The board may enter into an
1.16 	agreement with a postsecondary institution for secondary or
1.17 	postsecondary nonsectarian courses to be taught at a secondary
1.18 	school, nonsectarian postsecondary institution, or another
1.19 	location. The board must not enter into an agreement which
1.20 	limits a district superintendent's duty to assign and reassign
1.21 	teachers or administrators to the schools in which the teachers
1.22 	will teach or the administrators will administer.
1.23 	
EFFECTIVE DATE. This section is effective for agreements
1.24 	entered into on or after July 1, 2005.

1.25 	Sec. 2. Minnesota Statutes 2004, section 123B.143,
1.26 	subdivision 1, is amended to read:
1.27 		Subdivision 1.Contract; duties.  All districts
2.1 	maintaining a classified secondary school must employ a
2.2 	superintendent who shall be an ex officio nonvoting member of
2.3 	the school board.  The authority for selection and employment of
2.4 	a superintendent must be vested in the board in all cases.  An
2.5 	individual employed by a board as a superintendent shall have an
2.6 	initial employment contract for a period of time no longer than
2.7 	three years from the date of employment.  Any subsequent
2.8 	employment contract must not exceed a period of three years.  A
2.9 	board, at its discretion, may or may not renew an employment
2.10 	contract.  A board must not, by action or inaction, extend the
2.11 	duration of an existing employment contract.  Beginning 365 days
2.12 	prior to the expiration date of an existing employment contract,
2.13 	a board may negotiate and enter into a subsequent employment
2.14 	contract to take effect upon the expiration of the existing
2.15 	contract.  A subsequent contract must be contingent upon the
2.16 	employee completing the terms of an existing contract.  If a
2.17 	contract between a board and a superintendent is terminated
2.18 	prior to the date specified in the contract, the board may not
2.19 	enter into another superintendent contract with that same
2.20 	individual that has a term that extends beyond the date
2.21 	specified in the terminated contract.  A board may terminate a
2.22 	superintendent during the term of an employment contract for any
2.23 	of the grounds specified in section 122A.40, subdivision 9 or 13.
2.24 	A superintendent shall not rely upon an employment contract with
2.25 	a board to assert any other continuing contract rights in the
2.26 	position of superintendent under section 122A.40.
2.27 	Notwithstanding the provisions of sections 122A.40, subdivision
2.28 	10 or 11, 123A.32, 123A.75, or any other law to the contrary, no
2.29 	individual shall have a right to employment as a superintendent
2.30 	based on order of employment in any district.  If two or more
2.31 	districts enter into an agreement for the purchase or sharing of
2.32 	the services of a superintendent, the contracting districts have
2.33 	the absolute right to select one of the individuals employed to
2.34 	serve as superintendent in one of the contracting districts and
2.35 	no individual has a right to employment as the superintendent to
2.36 	provide all or part of the services based on order of employment
3.1 	in a contracting district. The superintendent of a district
3.2 	shall perform the following:
3.3 	(1) visit and supervise the schools in the district, report
3.4 	and make recommendations about their condition when advisable or
3.5 	on request by the board;
3.6 	(2) recommend to the board employment and dismissal of
3.7 	teachers;
3.8 	(3) before the start of the school year, and at other times
3.9 	as needed, superintend the assignment of teachers or
3.10 	administrators to schools to best meet student and school needs
3.11 	as determined by the superintendent;
3.12 	(4) superintend school grading practices and examinations
3.13 	for promotions;
3.14 	(4) (5) make reports required by the commissioner;
3.15 	(5) (6) by January 10, submit an annual report to the
3.16 	commissioner in a manner prescribed by the commissioner, in
3.17 	consultation with school districts, identifying the expenditures
3.18 	that the district requires to ensure an 80 percent student
3.19 	passage rate on the basic standards test taken in the eighth
3.20 	grade, identifying the highest student passage rate the district
3.21 	expects it will be able to attain on the basic standards test by
3.22 	grade 12, the amount of expenditures that the district requires
3.23 	to attain the targeted student passage rate, and how much the
3.24 	district is cross-subsidizing programs with special education,
3.25 	basic skills, and general education revenue; and
3.26 	(6) (7) perform other duties prescribed by the board.
3.27 	
EFFECTIVE DATE. This section is effective July 1, 2005.