| 1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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| 2 | 2 | | *TNL162* 2/21/2023 11:11:27 AM TNL162 |
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| 3 | 3 | | |
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| 4 | 4 | | State of Arkansas 1 |
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| 5 | 5 | | 94th General Assembly A Bill 2 |
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| 6 | 6 | | Regular Session, 2023 SENATE BILL 304 3 |
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| 7 | 7 | | 4 |
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| 8 | 8 | | By: Senator Stone 5 |
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| 9 | 9 | | By: Representative Gonzales 6 |
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| 10 | 10 | | 7 |
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| 11 | 11 | | For An Act To Be Entitled 8 |
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| 12 | 12 | | AN ACT CONCERNING A CONTRACT OF EMPLOYME NT FOR A 9 |
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| 13 | 13 | | PUBLIC SCHOOL DISTRI CT SUPERINTENDENT; T O SPECIFY 10 |
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| 14 | 14 | | TERMS REGARDING TERM INATION AND BUYOUT A GREEMENTS 11 |
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| 15 | 15 | | THAT A CONTRACT OF E MPLOYMENT FOR A PUBL IC SCHOOL 12 |
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| 16 | 16 | | DISTRICT SUPERINTEND ENT SHALL INCLUDE; A ND FOR OTHER 13 |
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| 17 | 17 | | PURPOSES. 14 |
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| 18 | 18 | | 15 |
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| 19 | 19 | | 16 |
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| 20 | 20 | | Subtitle 17 |
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| 21 | 21 | | TO SPECIFY TERMS REGARDING TERMINATION 18 |
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| 22 | 22 | | AND BUYOUT AGREEMENTS THAT A CONTRACT OF 19 |
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| 23 | 23 | | EMPLOYMENT FOR A PUBLIC SCHOOL DISTRICT 20 |
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| 24 | 24 | | SUPERINTENDENT SHALL INCLUDE. 21 |
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| 25 | 25 | | 22 |
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| 26 | 26 | | 23 |
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| 27 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 |
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| 28 | 28 | | 25 |
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| 29 | 29 | | SECTION 1. Arkansas Code ยง 6 -17-301(b), concerning the contract of 26 |
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| 30 | 30 | | employment for a superintendent, is amended to read as follows: 27 |
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| 31 | 31 | | (b)(1) A superintendent's contract of employment or an amendment to a 28 |
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| 32 | 32 | | superintendent's contract of employment with a school district may shall 29 |
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| 33 | 33 | | include standards for which a superintendent may be terminated for cause and 30 |
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| 34 | 34 | | without the school district's having any further financial obligation to the 31 |
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| 35 | 35 | | superintendent if: 32 |
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| 36 | 36 | | (1) The school district has: 33 |
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| 37 | 37 | | (A) Been placed on fiscal distress by the Division of 34 |
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| 38 | 38 | | Elementary and Secondary Education because of: 35 |
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| 39 | 39 | | (i) Commitments made by the superintendent of which 36 SB304 |
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| 40 | 40 | | |
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| 41 | 41 | | 2 2/21/2023 11:11:27 AM TNL162 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | the school district board of directors had no notice or knowledge; or 1 |
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| 45 | 45 | | (ii) A material misrepresentation made by the 2 |
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| 46 | 46 | | superintendent concerning the school district's finances that the school 3 |
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| 47 | 47 | | district board of directors relied upon to the detriment of the school 4 |
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| 48 | 48 | | district; 5 |
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| 49 | 49 | | (B) Exhausted all appeals of the division's decision 6 |
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| 50 | 50 | | regarding the fiscal distress determination; 7 |
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| 51 | 51 | | (2) The superintendent was provided: 8 |
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| 52 | 52 | | (A) Notice of the reason for termination; 9 |
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| 53 | 53 | | (B) A hearing to allow the superintendent to explain or 10 |
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| 54 | 54 | | rebut the reasons stated in the notice; and 11 |
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| 55 | 55 | | (C) A record of the hearing provided at the expense of the 12 |
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| 56 | 56 | | school district; and 13 |
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| 57 | 57 | | (3) The superintendent's contract was terminated by a majority 14 |
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| 58 | 58 | | vote of the full school district board of directors after the hearing 15 |
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| 59 | 59 | | described in subdivision (b)(2)(B) of this section . 16 |
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| 60 | 60 | | (2) A contract buyout agreement shall not use: 17 |
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| 61 | 61 | | (A)(i) More than twelve (12) months' worth of state funds 18 |
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| 62 | 62 | | to compensate an outgoing superintendent. 19 |
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| 63 | 63 | | (ii) However, the use of state funds for a contract 20 |
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| 64 | 64 | | buyout agreement shall not exceed the amount of money owed to the 21 |
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| 65 | 65 | | superintendent under the remaind er of his or her contract of employment with 22 |
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| 66 | 66 | | a school district; or 23 |
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| 67 | 67 | | (B) State funds to compensate an outgoing superintendent 24 |
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| 68 | 68 | | for any term exceeding the remainder of the current fiscal year. 25 |
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| 69 | 69 | | (3) Subdivision (b)(1) of this section does not prohibit a 26 |
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| 70 | 70 | | public school district from authorizing an outgoing superintendent to obtain 27 |
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| 71 | 71 | | employment as either a teacher or other agreed -upon employment position other 28 |
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| 72 | 72 | | than the position of superintendent within the public school district. 29 |
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