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 MCA-IIs taken in the eighth
grade, identifying the highest student passage rate the district expects it will be able to attain on
the MCA-IIs by grade 12, and the amount of expenditures that the district requires to attain the
targeted student passage rate; 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; 2007 c 146 art 2 s 16