H 4597 Session 111 (1995-1996)
H 4597 General Bill, By Harrell, Allison, Boan, H. Brown, J. Brown, B.D. Cain,
Cato, Cooper, Cotty, Dantzler, Davenport, R.C. Fulmer, H.M. Hallman, Harrison,
Haskins, R.J. Herdklotz, H.G. Hutson, M.F. Jaskwhich, Keegan, Kelley, Kirsh,
Klauber, Knotts, Koon, Lanford, Law, L.H. Limbaugh, Limehouse, Littlejohn,
Loftis, C.V. Marchbanks, Mason, Quinn, Rhoad, Rice, Richardson, Riser, Robinson,
Sandifer, Seithel, Sharpe, J.S. Shissias, Simrill, D. Smith, R. Smith, Stille,
Stuart, P.H. Thomas, Townsend, Trotter, Vaughn, D.C. Waldrop, Walker,
C.C. Wells, Whatley, Wilkins, Witherspoon, S.S. Wofford, H.G. Worley,
D.A. Wright, W.J. Young and Young-Brickell
A Bill to enact the "South Carolina School Accountability Act of 1996"
including provisions to direct the State Board of Education to repeal all
regulations inconsistent with the provisions of the School Accountability Act
of 1996 as well as those which address issues which should be decided by each
school district as a matter of local school board policy; to amend Title 59,
Code of Laws of South Carolina, 1976, by adding Chapter 22 so as to establish
benchmarks of success which must be achieved by every public school in this
State by specified years.-short title
02/13/96 House Introduced and read first time HJ-20
02/13/96 House Referred to Committee on Education and Public
Works HJ-21
A BILL
TO ENACT THE "SOUTH CAROLINA SCHOOL
ACCOUNTABILITY ACT OF 1996" INCLUDING
PROVISIONS TO DIRECT THE STATE BOARD OF
EDUCATION TO REPEAL ALL REGULATIONS
INCONSISTENT WITH THE PROVISIONS OF THE SCHOOL
ACCOUNTABILITY ACT OF 1996 AS WELL AS THOSE
WHICH ADDRESS ISSUES WHICH SHOULD BE DECIDED BY
EACH SCHOOL DISTRICT AS A MATTER OF LOCAL
SCHOOL BOARD POLICY; TO AMEND TITLE 59, CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER
22 SO AS TO ESTABLISH BENCHMARKS OF SUCCESS
WHICH MUST BE ACHIEVED BY EVERY PUBLIC SCHOOL
IN THIS STATE BY SPECIFIED YEARS, TO ESTABLISH A
JOINT COMMITTEE TO REVIEW THE ELEMENTS OF THE
EDUCATION FINANCE ACT FOUNDATION PROGRAM AND
RECOMMEND REVISIONS, TO PROVIDE THAT CERTAIN
EDUCATION IMPROVEMENT ACT FUNDS SHALL BE
ALLOCATED AND DISTRIBUTED TO LOCAL SCHOOLS AND
DISTRICTS AS LOCAL SCHOOL INNOVATION FUNDS, TO
REQUIRE EACH SCHOOL DISTRICT TO RETAIN AN
INDEPENDENT CERTIFIED PUBLIC ACCOUNTING FIRM TO
CONDUCT AN ANNUAL AUDIT OF FUNDS EXPENDED BY
THE DISTRICT, TO DIRECT THE STATE DEPARTMENT OF
EDUCATION TO EVALUATE EACH PUBLIC SCHOOL USING
THE ABOVE BENCHMARKS OF SUCCESS AND CLASSIFY
EACH SCHOOL AS SUCCESSFUL, IMPROVING, ADVISED,
WARNED, OR SUBSTANDARD, AND TO PROVIDE FOR
PROCEDURAL REWARDS, REMEDIES, AND REQUIRED
CORRECTIVE ACTION, IF APPLICABLE, BASED ON EACH
CLASSIFICATION; BY ADDING SECTION 59-19-25 SO AS TO
PROVIDE THAT BEGINNING IN 1996 MEMBERS OF THE
BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE
ELECTED IN NONPARTISAN ELECTIONS AT THE SAME
TIME AS THE GENERAL ELECTION, TO PROVIDE THAT
CURRENT MEMBERS SHALL CONTINUE TO SERVE UNTIL
THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO
PROVIDE FOR THE METHOD OF NOMINATION OF
CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF
THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR
SUCH OFFICES FROM REQUESTING OR ACCEPTING
CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM
SUGGESTING POLITICAL PARTY AFFILIATION ON
CAMPAIGN LITERATURE; BY ADDING SECTION 59-19-45
SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A
SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED
OR ELECTED TO A COUNTY BOARD OF EDUCATION
AFTER JULY 1, 1996, WHO PREVIOUSLY HAS NOT SERVED
IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN
ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING
OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE
THAT THE STATE DEPARTMENT OF EDUCATION SHALL
REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF
EDUCATION FOR THE COST OF THESE ORIENTATIONS UP
TO A MAXIMUM AMOUNT PER YEAR; BY ADDING
SECTION 59-19-91 SO AS TO FURTHER PROVIDE FOR THE
POWERS AND DUTIES OF LOCAL SCHOOL BOARDS OF
TRUSTEES; BY ADDING SECTION 59-19-92 SO AS TO
PROVIDE THAT AFTER THE 1996 GENERAL ELECTION, IT
SHALL BE UNLAWFUL FOR A SCHOOL TRUSTEE TO
RECEIVE PAY AS AN EMPLOYEE OF A PUBLIC SCHOOL
THAT IS LOCATED IN THE SAME DISTRICT OF WHICH
THAT PERSON IS A TRUSTEE; AND BY ADDING SECTION
59-24-65 SO AS TO FURTHER PROVIDE FOR THE POWERS,
DUTIES, AND RESPONSIBILITIES OF SCHOOL
SUPERINTENDENTS AND HOW THESE POWERS, DUTIES,
AND RESPONSIBILITIES INTERACT WITH THOSE OF THE
LOCAL SCHOOL BOARD OF TRUSTEES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. (A) This act is known and may be cited as the
`South Carolina School Accountability Act of 1996'.
(B) It is the intent of the General Assembly by this act to
improve the academic performance of South Carolina students by
creating an educational system that promotes strong and effective
leadership at the local level where teaching and learning take place.
This act enhances South Carolina's public education system, Grades
K-12. It provides for a review and revision of the financing of
public education, school and school district accountability for all
students achieving high academic standards, and the uniform
election of local school board members in the general elections.
Schools and communities are to be provided with funding, and will
be held accountable for results.
(C) In order to develop a system which promotes flexibility and
continuous improvement in all schools and districts, hold schools
and districts accountable for all students achieving high academic
standards, and continues to ensure adequate funding to provide
educational excellence to all students in all communities in South
Carolina, the General Assembly has determined to enact the
provisions of this act.
SECTION 2. The General Assembly directs the State Board of
Education, pursuant to the Administrative Procedures Act, to repeal
all regulations inconsistent with the provisions of the South
Carolina School Accountability Act of 1996 as well as those which
address issues which should be decided by each school district as a
matter of local school board policy.
SECTION 3. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 22
School Accountability and Evaluation
Section 59-22-10. (A) A joint committee of the General
Assembly is created consisting of the following members: the
Speaker of the House of Representatives, the President Pro Tempore
of the Senate, the chairman of the Senate Finance Committee, the
chairman of the House Ways and Means Committee, the chairman
of the Senate Education Committee, and the chairman of the House
Education and Public Works Committee, or their designees. The
State Superintendent of Education or his or her designee also shall
be a member of the committee.
(B) By January 14, 1997, the committee shall review the current
elements included in the Education Finance Act Foundation
Program and recommend a revised foundation program. The
revised program shall address, but not be limited to, the following:
instruction, instructional support, operations, leadership, and other
commitments. The committee shall also review the expenditures of
schools and school districts in these categories as reported by the
State Department of Education finance analysis model, and the cost
of providing a quality education to all students. The revised
foundation program shall focus on the school level and the specific
needs of each classroom and school.
(C) A portion of the funds previously allocated pursuant to the
Education Improvement Act as determined by the General
Assembly must be appropriated as local school innovation funds to
school districts and schools in the form of flexibility grants for
school innovations. The State Department of Education shall
distribute these funds on a weighted per pupil basis to all eligible
schools as defined by this chapter and by law. The expenditure of
these funds shall be site-based at eligible schools and shall fulfill
the original intent of the Education Improvement Act as follows:
(1) raising student performance;
(2) strengthening of the teaching and testing of basic skills;
(3) elevating teaching as a profession;
(4) improving leadership;
(5) implementing quality controls and fiscal efficiency of
schools;
(6) creating effective partnerships; and
(7) providing school buildings conducive to student learning.
(D) Each school district shall retain an independent Certified
Public Accounting (CPA) firm to conduct an annual audit of all
funds expended by the district regardless of source. The format
shall be prescribed by the State Department of Education. Copies
of the audit reports must be submitted to the State Department of
Education by November fifteenth after the close of each fiscal year.
If a district does not submit its report by November fifteenth,
Education Finance Act funds for the district must be withheld upon
recommendation of the department until the report is submitted.
Section 59-22-20. (A) School districts are strictly accountable
for ensuring that all students achieve high academic achievement
standards. The following benchmarks of success must be achieved
by every public school in South Carolina by each of the specified
years:
South Carolina Education Accountability
Benchmarks of Success
Goals Each School Shall Achieve
1997 1998 1999 2000 2001
State Assessment
Students Meeting Academic 75% 80% 85% 90% 95%
Standards and Workplace Skills
Exit Exam
Students Meeting Academic 90% 95% 98% 99% 99%
Standards and Workplace Skills
Norm-Referenced Test Reflects the achievement distribution of nation's students
Quarter Distribution (25-25-25-25) with no more than 30% of students in the lowest quarter in the first year, 27% second year, 25% third year and thereafter.
SAT Meet the national average for the previous academic year
ACT Meet the national average for the previous academic year
(B) Students exempt from the above
include those with Individualized Education Programs which exempt them from statewide
testing programs.
(C) A student who drops out shall be
counted as a nonachieving student during the year he drops out and shall be counted in
the number of students tested. The score attributed to the student who drops out shall be
the score achieved by the lowest scoring student in that grade in the school in which the
student was enrolled. Dropout is as defined by the State Department of Education's
Guidelines on Dropouts.
Section 59-22-30. (A) The State Department
of Education shall evaluate each public school using the Benchmarks of Success
beginning in the fall of the year following the effective date of this chapter. Test results
of any spring will be evaluated the following fall beginning in 1998. By January
fifteenth of each year, the State Department of Education shall issue a report card for
each school and school district. Each report card shall address, but not be limited to, the
evaluation of academic achievement and the cost analysis information. Each school shall
receive one of the following classifications:
(1) Successful: Successful
means a school that meets all the Benchmarks of Success;
(2) Improving: Improving
means a school that does not meet all of the benchmarks of success but whose
achievement scores from the previous year have at least progressed one-third of the way
towards the current year's benchmark in state assessment, exit exam, SAT, and ACT
tests;
(3) Advised: Advised
means a school that does not meet all the Benchmarks of Success;
(4) Warned: Warned
means a school that does not meet all the Benchmarks of Success for the second
consecutive year;
(5) Substandard: Substandard means a school that does not meet all the Benchmarks of Success for the
third consecutive year.
(B) In addition to issuing a report card for each
school and school district, the State Department of Education also shall issue a summary
report which contains information relating to all schools and school districts. This report
shall highlight successful schools and school districts and provide information on
programs, policies, practices, and activities within these schools and districts.
(C) Each school district shall issue annually to
the local community through the media a report on the status of district and school
academic achievement to include a comparison to last year's achievement and the
strategies employed by the district and individual schools to improve achievement.
(D) Beginning with the 1997-98 school year,
when a school is designated as successful or improving, the school incentive model,
adopted by the State Board of Education, must be applied only to schools designated
successful or improving and awards must be made accordingly. The State Board of
Education is directed to review and revise the school incentive model annually to include
minimum and maximum awards and to reflect the purposes of the School Accountability
Act of 1996. One-half of the funds appropriated for the school incentive reward program
by the General Assembly shall be awarded to schools qualifying for such awards under
the revised State Board of Education model. The remaining one-half of the funds shall
be distributed to the qualifying schools on a per pupil allocation based on the one
hundred thirty-five day average daily membership of the previous school year. The
district shall distribute the funds received based on per pupil allocations as salary bonuses
to all school staff of the awarded schools. Certified employees for this purpose shall be
weighted as 1.5 and their bonuses distributed in proportion to the contractual time
assigned to the school, and noncertified employees for this purpose shall be weighted as
1.0 and their bonuses distributed in proportion to the percentage of a calendar year the
noncertified employee is assigned to the school.
(E) When a school is designated as advised, the
district superintendent, in consultation with the local board of trustees, the principal, the
School Improvement Council, and the School Renewal Planning Team shall provide
appropriate assistance to the school after full review and, if necessary, revision of that
school's school renewal plan. In addition, all instructional and administrative staff
members of the school shall be required to participate in at least a three-week
professional development program approved by the district superintendent, in accordance
with the revised school renewal plan, during the summer following the advised
designation. In addition to the above, the principal and assistant principals of the school
shall be required to participate in leadership training approved by the district
superintendent during the scholastic year following the advised designation. School
district or local school innovation funds may be allocated for professional development
and leadership training.
(F) When a school is designated as warned, the
district superintendent, in consultation with the local board of trustees, the principal, the
School Improvement Council, and the School Renewal Planning Team shall provide
direct assistance to the school after full review and, if necessary, revision of that school's
school renewal plan. In addition, all instructional and administrative staff members of
the school shall be required to participate in at least a six-week professional development
program approved by the district superintendent, in accordance with the revised school
renewal plan, during the summer following the warned designation. In addition to the
above, the principal and assistant principals of the school shall be required to participate
in leadership training approved by the district superintendent during the scholastic year
following the warned designation. School district or local school innovation funds may
be allocated for professional development and leadership training.
(G) If a school is designated as substandard, the
following provisions apply:
(1) The principal of that school may
be removed from that position and, if removed, must not be assigned to any other
administrative or supervisory position within the district.
(2) The contracts of all teachers of
the school, notwithstanding any other provision of law, shall be deemed nonrenewed for
the following year. Renewal of any of these personnel contracts shall be the decision of
the district superintendent and the local board of trustees in consultation with the new
principal if one has been appointed. Notice of contract status must be given by April
fifteenth if the district is declared as substandard.
(3) A committee composed of
fourteen members shall be appointed by the district superintendent to specifically address
the substandard status of the school. The committee shall include the principal, four
teachers, two from the school designated as substandard and two from a school which
meets the benchmarks, three parents, three members of the business community, and
three school improvement council members.
(4) The committee shall develop and
implement a plan for improvement with specific timelines, objectives, and strategies.
The committee must be convened by February first of the year the school is declared
substandard and the plan completed by March fifteenth of that year.
(5) The committee report shall be in
writing and shall be presented orally to the district board of trustees and the community
on or before March thirtieth of that year. The report must be approved by the local
board of trustees and implemented by the superintendent. A copy of the report must be
forwarded to the State Department of Education.
(6) Should a local superintendent
and school board of trustees choose not to remove the principal of a substandard school
by July first, the school shall be considered ineligible for local school innovation funds.
Allocations of local school innovation funds shall resume in the year following the
removal of the principal or the school being declared successful.
(7) If a school has been designated
substandard, has met all the requirements of a school so designated, and has replaced the
principal, the new academic year shall be considered year one for the purposes of
classification under Section 59-22-30.
Section 59-22-40. (A) A school district shall
be designated as substandard if one-third of the schools within that district are designated
as substandard or if a school within the district is designated as substandard for two
consecutive years.
(B) Notwithstanding any other provision of law,
if a district is designated as substandard, the following provisions apply:
(1) The district superintendent's
contract becomes void;
(2) The local board of trustees shall
appoint an interim superintendent to mange the operation of the district for no longer
than twelve months;
(3) The contracts of all district level
personnel are voidable at the decision of the interim superintendent, and notice must be
given on or before April fifteenth for the following school year;
(4) The contracts of all teachers and
administrative personnel in the schools declared to be substandard shall be deemed
nonrenewed for the following year. Renewal shall be at the decision of the interim
superintendent and notice must be given on or before April fifteenth for the following
school year;
(5) The local board of trustees shall
select a district superintendent to be employed for the scholastic year following the
designation of the district as substandard;
(6) Should an interim superintendent
and local board of trustees choose not to remove the principals of substandard schools by
July first, the district shall be considered ineligible for local school innovation funds.
Allocation of local school innovation funds shall resume in the year following the
removal of the principals or the district being declared successful or improving."
SECTION 4. The 1976 Code is amended by adding:
"Section 59-19-25. (A)(1) Notwithstanding any other provision of law or special act providing for the appointment
or election of school trustees in a school district, beginning in 1996 and every two years
thereafter as appropriate, members of the boards of trustees for the school districts of this
State must be elected in nonpartisan elections to be conducted at the same time as the
general election in those years.
(2) A school district board of
trustees now elected in nonpartisan elections as provided by law shall continue to be
elected in that manner except that the date of the nonpartisan elections must be at the
same time as the general election in the appropriate even-numbered year.
(3) All current members of the
boards of trustees of the school districts whose terms expire in an even-numbered year
shall continue to serve until their successors are elected and qualify in the manner
provided in this section in the election of that even-numbered year. All current members
of the board of trustees of the school districts whose terms expire in an odd-numbered
year shall continue to serve until their successors are elected and qualify in the manner
provided in this section at the election in the next ensuing even-numbered year.
(4) The terms for all persons elected
to the boards of trustees are as now provided by law for that district and commence as
provided in Section 59-19-315, unless otherwise provided by law applicable to the
particular district.
(5) The term `school district boards
of trustees' or any similar variation as used in this section is deemed to include a county
board of education if it by law is the governing body of a school district.
(B) (1) Candidates for these offices
which are filled in nonpartisan elections on the effective date of this section must be
nominated by the method provided by law for the office affected.
(2) Candidates for these offices
which are filled in partisan elections on the effective date of this section must be
nominated by petition as provided in Section 7-11-70 or by declaration of candidacy filed
with the appropriate election commission or authority conducting the election.
(3) The elections provided for in
this section must be conducted pursuant to the provisions of Title 7, mutatis mutandis,
except as otherwise provided for in this section or in other provisions of law relating to
that particular school district. If no such method of conducting the election is now
applicable to a district, the elections must be conducted by the county election
commission with the cost of the election to be borne by the district. Trustees shall
continue to be elected from the district at large, from specified election districts, or in
such other manner as is now provided by law for that district.
(4) Vacancies in these offices must
be filled as provided by law, except that if an election is required, it must be a
nonpartisan election conducted in the manner required by this section.
(5) The results of these elections
must be determined in the manner provided by law for that district, except that if no such
provision of law is now applicable to that district, the results must be determined in
accordance with the nonpartisan plurality method contained in Section 5-15-61.
(C) Candidates for the office of trustee for the
boards of trustees for the school districts of this State are prohibited from soliciting or
accepting a contribution, gift, loan, or any other thing of value from a certified political
party or from any person or entity acting for or on behalf of a certified political party.
No candidate, candidate's committee, or person or entity acting for or on behalf of a
candidate or candidate's committee may publish or distribute campaign literature which
in any way states, implies, or suggests party affiliation."
SECTION 5. The 1976 Code is amended by adding:
"Section 59-19-45. (A) Within
one year of taking office, all persons elected or appointed as members of a school district
board of trustees after July 1, 1996, shall successfully complete an orientation in the
powers, duties, and responsibilities of a board member including, but not limited to,
topics on policy development, personnel, superintendent and board relations, instructional
programs, district finance, school law, ethics, and community relations.
(B) The orientation shall be approved by the
State Board of Education and conducted by public or private entities approved by the
State Board of Education such as the South Carolina School Boards Association.
(C) The provisions of this section also apply to
members of county boards of education appointed or elected after July 1, 1996, in the
same manner the provisions of this section apply to members of school district boards of
trustees.
(D) The provisions of this section do not apply
to a school board trustee or county board of education member who was serving in such
office on July 1, 1996, and who is continuously reelected or reappointed to office
thereafter.
(E) The State Department of Education shall
reimburse a school district or county board of education conducting an orientation for a
new board member as required by this section at the rate of eighty dollars per member,
provided that the total reimbursements by the department in any one fiscal year must not
exceed ten thousand dollars. If the total projected cost of these reimbursements for any
year as determined by the department exceeds ten thousand dollars, the eighty dollar
reimbursement per new member must be reduced proportionately. If funds are not
available for these reimbursements, the board member orientation is not required but may
be conducted at the option of a school district or county board of education. The State
Board of Education shall establish guidelines and procedures for these
reimbursements."
SECTION 6. The 1976 Code is amended by adding:
"Section 59-19-91. (A) In
addition to the specific duties prescribed by general and local law, a local board of school
trustees shall have the primary responsibility of developing, selecting, and approving
policies for the operation and administration of the local school district. All decisions
which relate to the operation and administration of the school district shall be made by
the district superintendent employed by the local board of trustees. However, the board
has the final authority for the operation of the schools of the district.
(B) All powers of the school district and the
determination of all matters of policy shall be vested in the school board of trustees, each
member to have one vote. In addition to any other provisions of law relating to its
power and duties, the school board shall:
(1) employ a superintendent as the
chief executive officer;
(2) establish other administrative
departments and assign and distribute the work upon recommendation of and with the
approval of the superintendent;
(3) adopt the budget of the school
district;
(4) authorize the issuance of bonds
by bond ordinance subject to restrictions and limitations as may be prescribed by law;
(5) have the power to inquire into
the conduct of any office, department, or agency of the school district, make
investigations as to school district affairs, and give the public information concerning
them;
(6) adopt and modify attendance
zones of schools within the school district;
(7) provide for an independent
annual audit of the books and business affairs of the school district and for a general
survey of school district business;
(8) adopt resolutions of any nature
and kind not prohibited by law or the Constitution of the State or of the United States;
and
(9) with the advice of the
superintendent, appoint all committees, boards, and commissions relating to the affairs of
the school district, except as otherwise provided by law;
(10) be responsible for policy-making
action and the review of regulations established to put these policies into operation.
(C) The school board of trustees shall make its
members, the district staff, and the public aware through its actions and policies that only
the board acting as a whole has authority to take official action. No individual member
has legal status to bind the board outside of its official meetings."
SECTION 7. The 1976 Code is amended by adding:
"Section 59-19-92. After the 1996
general election, it shall be unlawful for a school trustee to receive pay or compensation
as an employee of a public school that is located in the same school district of which the
person is a trustee."
SECTION 8. The 1976 Code is amended by adding:
"Section 59-24-65. (A)(1) A school
board of trustees shall hold its superintendent responsible for the proper and efficient
administration of the schools. All other positions of hiring and termination shall be a
personnel decision which shall be administered by the superintendent. The
superintendent's personnel decisions shall be in accordance with policy developed and
approved by the board to assure equitable hiring, promotion, and dismissal practices.
(2) The board shall fix the
compensation of the superintendent. The superintendent shall be employed solely on the
basis of his executive and administrative qualifications, need not be a resident of the
school district or State at the time of his employment, and may reside outside the school
district while in office only with the approval of the board.
(3) No school board member shall
be employed as superintendent of the school district from which he was elected as trustee
during the term for which he was elected.
(B) The board may require suitable surety bonds
of the superintendent and other district employees conditioned on the faithful
performance of their duties. The cost of the bonds shall be paid by the school district.
(C) The term of employment of the
superintendent shall be at the pleasure of the board. The board, in its discretion, may
employ the superintendent for a definite term.
(D)(1) By letter filed with the secretary of the
board, the superintendent shall designate a qualified district administrative officer to
exercise the powers and perform the duties of superintendent during his temporary
absence or disability.
(2) In the event of the failure of the
superintendent to make this designation, the board may appoint by resolution an officer
of the district to perform the duties of the superintendent until he is able to resume his
duties.
(3) During the absence or disability,
the board may revoke the designation at any time and appoint another officer to the
district to serve until the superintendent returns.
(E) The superintendent shall be the chief
executive officer of the school district. He shall be responsible to the board for the
proper administration of all affairs of the district and, subject to all other provisions of
law relating to his duties, he shall:
(1) appoint and, when necessary for
the good of the district, remove any appointive officer or employee of the district and fix
the salaries of these officers and employees, except as otherwise provided by law and
except as he may authorize the head of a department or office to appoint and remove
subordinates in the department or office;
(2) prepare the budget annually,
submit it to the board, and be responsible for its administration after adoption;
(3) prepare and submit to the board
at the end of each fiscal year a complete annual report on the finances and administrative
activities of the board for the preceding year and make other financial reports from time
to time as may be required by the board or by law;
(4) keep the board advised of the
financial condition and future needs of the district and make recommendations as may
seem desirable; and
(5) perform other duties as may be
prescribed by law or required of him by the board not inconsistent with the provisions of
law."
SECTION 9. This act takes effect upon approval by the
Governor.
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