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