HF 2533

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 02:13pm

A bill for an act
relating to education; superintendents; making various nonsubstantive style and
form changes; amending Minnesota Statutes 2022, section 123B.143, subdivision
1.

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

Section 1.

Minnesota Statutes 2022, section 123B.143, subdivision 1, is amended to read:

Subdivision 1.

Contract; duties.

new text begin (a) new text end All districts maintaining a classified secondary
school must employ a superintendent who deleted text begin shall be deleted text end new text begin must serve as new text end 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.

new text begin (b) new text end An individual employed by a board as a superintendent deleted text begin shall deleted text end new text begin must new text end 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.

new text begin (c) new text end 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
deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall have deleted text end new text begin has new text end a right to employment as a superintendent
based on order of employment in any district.

new text begin (d) new text end 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.

new text begin (e) new text end The superintendent of a district deleted text begin shall deleted text end new text begin must new text end 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) annually evaluate each school principal assigned responsibility for supervising a
school building within the district, consistent with section 123B.147, subdivision 3, paragraph
(b);

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

(5) make reports required by the commissioner; and

(6) perform other duties prescribed by the board.