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
. Notwithstanding the provisions of sections
, 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 teachers;
(3) superintend school grading practices and examinations for promotions;
(4) make reports required by the commissioner;
(5) by 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
(6) perform other duties prescribed by the board.
Subd. 2. 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 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
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.
History: 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; 1998 c 397 art 6 s 55-61,124; art 11 s 3; 1998 c 398 art 6 s 16; 2000 c 489 art 6
s 8; 1Sp2001 c 6 art 1 s 5