1997 Minnesota Statutes

   123.34 Officers of independent school districts. 

    Subdivision 1.  Within ten days after the election of the 
 first board in independent districts and annually thereafter on 
 July 1, or as soon thereafter as practicable, the board shall 
 meet and organize by selecting a chair, clerk, and a treasurer, 
 who shall hold their offices for one year and until their 
 successors are selected and qualify. The persons who perform the 
 duties of the clerk and treasurer need not be members of the 
 board and the board by resolution may combine the duties of the 
 offices of clerk and treasurer in a single person in the office 
 of business affairs.  They may appoint a superintendent who 
 shall be ex officio a member of the board, but not entitled to 
 vote therein.  In districts in which board members are elected 
 at the general election in November, the annual meeting of the 
 board shall be held on the first Monday of January or as soon 
 thereafter as practicable. 

    Subd. 2.  The chair when present shall preside at all 
 meetings of the board, countersign all orders upon the treasurer 
 for claims allowed by the board, represent the district in all 
 actions and perform all the duties usually incumbent on such 
 officer.  In case of absence, inability, or refusal of the clerk 
 to draw orders for the payment of money authorized by a vote of 
 the majority of the board to be paid, the orders may be drawn by 
 the chair, and paid by the treasurer, a statement thereof, with 
 a copy of such orders, being delivered to the clerk by the 
 treasurer, or the office of the clerk may be declared vacant by 
 the chair and treasurer and filled by appointment. 

    Subd. 3.  The treasurer shall deposit the funds of the 
 district in the official depository. 

    Subd. 4.  The treasurer shall make all reports which may be 
 called for by the board and perform all duties usually incumbent 
 on such officer. 

    Subd. 5.  In the event that valid orders are presented to 
 the treasurer for payment, and there are insufficient funds on 
 hand to pay them, the treasurer shall receive, endorse and 
 process them in accordance with section 124.06. 

    Subd. 6. Repealed, 1980 c 609 art 6 s 48 

    Subd. 7.  When the duty devolves upon any person employed 
 by a board to receive money and pay it over to the treasurer of 
 the district, the district shall require a bond from such person 
 and pay all premiums therefor.  The amount of each bond shall be 
 fixed by the board and the bond approved by it.  The bond shall 
 be not less than $500 conditioned for the faithful performance 
 of the duty and shall be filed with the clerk.  In lieu of 
 individual bonds, the district may prescribe and keep in effect 
 a schedule or position insurance policy or blanket bond in such 
 aggregate amount as the district determines, insuring the 
 fidelity of such persons in the amount of not less than $500 for 
 each such person. 

    Subd. 8.  The clerk shall keep a record of all meetings of 
 the district and the board in books provided by the district for 
 that purpose.  The clerk shall, within three days after an 
 election notify all persons elected of their election.  On or 
 before August 15 of each year the clerk shall file with the 
 board a report of the revenues, expenditures and balances in 
 each fund for the preceding fiscal year. The report together 
 with vouchers and supporting documents shall subsequently be 
 examined by a public accountant or the state auditor, either of 
 whom shall be paid by the school district, as provided in 
 section 121.908, subdivision 3.  The board shall by resolution 
 approve the report or require a further or amended report.  On 
 or before August 15 of each year, the clerk shall make and 
 transmit to the commissioner certified reports, showing: 

    (1) The condition and value of school property; 

    (2) The revenues and expenditures in detail, and such other 
 financial information required by law, rule, or as may be called 
 for by the commissioner; 

    (3) The length of school term and the enrollment and 
 attendance by grades; and 

    (4) Such other items of information as may be called for by 
 the commissioner. 

    The clerk shall enter in the clerk's record book copies of 
 all reports and of the teachers' term reports, as they appear in 
 the registers, and of the proceedings of any meeting as 
 furnished by the clerk pro tem, and keep an itemized account of 
 all the expenses of the district.  The clerk shall furnish to 
 the auditor of the proper county, on or before October 10 of 
 each year, an attested copy of the clerk's record, showing the 
 amount of money voted by the district or the board for school 
 purposes; draw and sign all orders upon the treasurer for the 
 payment of money for bills allowed by the board for salaries of 
 officers and for teachers' wages and all claims, to be 
 countersigned by the chair. Such orders shall state the 
 consideration, payee, and the fund and the clerk shall take a 
 receipt therefor.  Teachers' wages shall have preference in the 
 order in which they become due, and no money applicable for 
 teachers' wages shall be used for any other purpose, nor shall 
 teachers' wages be paid from any fund except that raised or 
 apportioned for that purpose. 

    Subd. 9.    Superintendent.  All districts maintaining a 
 classified secondary school shall employ a superintendent who 
 shall be an ex officio nonvoting member of the school board.  
 The authority for selection and employment of a superintendent 
 shall be vested in the school board in all cases.  An individual 
 employed by a school 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 
 school board, at its discretion, may or may not renew an 
 employment contract.  A school board shall 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 school board may negotiate and 
 enter into a subsequent employment contract to take effect upon 
 the expiration of the existing contract.  A subsequent contract 
 shall be contingent upon the employee completing the terms of an 
 existing contract.  If a contract between a school board and a 
 superintendent is terminated prior to the date specified in the 
 contract, the school 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 school board may terminate a superintendent during 
 the term of an employment contract for any of the grounds 
 specified in section 125.12, subdivision 6 or 8.  A 
 superintendent shall not rely upon an employment contract with a 
 school board to assert any other continuing contract rights in 
 the position of superintendent under section 125.12.  
 Notwithstanding the provisions of sections 122.532, 122.541, 
 125.12, subdivision 6a or 6b, 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 school 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 of children, 
 families, and learning; and 

    (5) perform other duties prescribed by the board. 

    Subd. 9a.    Disclose past buyouts or contract is void.  
 (a) For the purposes of paragraph (b), a "buyout agreement" is 
 any agreement under which a person employed as a superintendent 
 left the position before the term of the contract was over and 
 received a sum of money, something else of value, or the right 
 to something of value for some purpose other than performing the 
 services of a superintendent. 

    (b) Before a person may enter into a superintendent's 
 contract with a school board, the candidate shall disclose in 
 writing the existence and terms of any previous buyout 
 agreement, including amounts and the purpose for the payments, 
 relating to a superintendent's contract with another school 
 board.  A disclosure made under this paragraph is public data. 

    (c) The superintendent's contract of a person who fails to 
 make a timely disclosure under paragraph (b) is void. 

    Subd. 10.    Principals.  Each public school building, 
 as defined by section 120.05, subdivision 2, clauses (1), (2), 
 and (3), in an independent school district may be under the 
 supervision of a principal who is assigned to that 
 responsibility by the board of education in that school district 
 upon the recommendation of the superintendent of schools of that 
 school district.  If pupils in kindergarten through grade 12 
 attend school in one building, one principal may supervise the 
 building. 

    Each principal assigned the responsibility for the 
 supervision of a school building shall hold a valid license in 
 the assigned position of supervision and administration as 
 established by the rules of the state board of education. 

    The principal shall provide administrative, supervisory, 
 and instructional leadership services, under the supervision of 
 the superintendent of schools of the school district and in 
 accordance with the policies, rules, and regulations of the 
 board of education, for the planning, management, operation, and 
 evaluation of the education program of the building or buildings 
 to which the principal is assigned. 

    HIST: Ex1959 c 71 art 4 s 16; 1969 c 9 s 27; 1971 c 144 s 1; 
 1973 c 492 s 7; 1974 c 37 s 1; 1975 c 162 s 25; 1975 c 432 s 16; 
 1978 c 706 s 13-15; 1978 c 764 s 31,32; 1979 c 334 art 6 s 8; 
 1981 c 175 s 1; 1983 c 314 art 7 s 18; 1986 c 444; 1987 c 398 
 art 8 s 8; 1990 c 562 art 8 s 21,22; 1991 c 265 art 9 s 34,35; 
 1993 c 224 art 9 s 22; art 12 s 15; 1Sp1995 c 3 art 9 s 19; art 
 16 s 13