1. The board of trustees of a school district located in a county whose population is 100,000 or more shall: (a) Employ any person who meets the requirements of this paragraph to serve as the superintendent of schools of the school district. A person is eligible to serve as the superintendent of schools of a school district if: (1) The person: (I) Holds a graduate degree from a postsecondary educational institution that is accredited by a regional accrediting agency recognized by the United States Department of Education or approved by the Department for the purposes of this paragraph; and (II) Has at least 6 years of experience teaching, of which at least 3 years must have been spent in a supervisory or administrative capacity; or (2) The person served as the financial administrator or chief executive officer of a private or public entity with a budget of at least $275,000,000; or (3) The person holds a graduate degree from a postsecondary educational institution that is accredited by a regional accrediting agency recognized by the United States Department of Education in business, finance or management and has at least 4 years of relevant experience in any of those fields. (b) Employ a person who meets the qualifications of this paragraph to serve as chief financial officer of schools of the school district. A person is eligible to serve as chief financial officer of schools of a school district if the person: (1) Holds: (I) A graduate degree from a postsecondary educational institution that is accredited by a regional accrediting agency recognized by the United States Department of Education or approved by the Department for the purposes of this paragraph; and (II) A professional license as a certified public accountant, certified management accountant or certified financial analyst and has experience with fiscal analysis, processes, problems and opportunities and developing fiscal policies, audit procedures and systems of public and fund accounting; or (2) Served as the financial administrator of a private or public entity with a budget similar in size to the budget of the school district in which he or she seeks employment; or (3) Has received status as a credentialed manager from the International City/County Management Association, or its successor organization. (c) Define the powers and fix the duties of the superintendent of schools and the chief financial officer of schools, if applicable. (d) Fix the salary of the superintendent of schools and the chief financial officer of schools, if applicable. 2. The board of trustees of a school district located in a county whose population is 100,000 or more that selects a candidate to serve as superintendent of schools of the school district or chief financial officer of schools of the school district shall, before hiring the candidate, submit the name and application of the candidate to the Department for review. The Department shall review the qualifications of the candidate selected by the board of trustees to ensure that the candidate meets the requirements set forth in subsection 1. Not more than 10 days after completing the review, the Department shall: (a) If the Department determines that the candidate meets the requirements set forth in subsection 1, issue a letter to the board of trustees of the school district affirming that the candidate is eligible to serve as superintendent of schools of the school district or chief financial officer of schools of the school district, as applicable; or (b) If the Department determines that the candidate does not meet the requirements set forth in subsection 1, issue a letter to the board of trustees of the school district affirming that the candidate is ineligible to serve as superintendent of schools of the school district or chief financial officer of schools of the school district, as applicable. 3. The board of trustees of a school district that receives a letter affirming that a candidate is ineligible to be hired pursuant to paragraph (b) of subsection 2 shall not hire the candidate for the position for which he or she applied. 4. The Department may revoke a letter issued pursuant to paragraph (a) of subsection 2 if the Department determines that a candidate for superintendent of schools or chief financial officer of schools no longer meets the requirements for eligibility set forth in subsection 1. 5. The board of trustees of a school district that is located in a county whose population is less than 100,000 may: (a) Employ any person the board of trustees of the school district determines is qualified to serve as superintendent of schools of the school district. The Commission may require the superintendent of any such school district to hold a masters degree. (b) Define the powers and fix the duties of the superintendent of schools. (c) Fix the salary of the superintendent of schools. 6. If the board of trustees of a school district employs a person who is not licensed as an administrator to serve as the superintendent of schools, the board of trustees shall employ a person who is licensed as an administrator to oversee the academic programs of the public schools within the school district. 7. A superintendent of schools may be employed for an initial term not to exceed 4 years. The term of any subsequent employment may be of any duration. 8. A superintendent of schools shall be dismissed at any time for cause, including, without limitation, if: (a) The superintendent of schools does not meet any of the professional or other standards identified in an annual evaluation conducted by the board of trustees of the school district. (b) The superintendent of schools refuses or fails to comply with and carry out the requirements of this title. The board of trustees of a school district may, at any time, request a determination from the Department that the superintendent of schools of the school district has refused or failed to comply with and carry out the requirements of this title. If the board of trustees of a school district requests such a determination, the Department must promptly conduct an investigation and determine whether the superintendent of schools has refused or failed to observe and carry out the requirements of this title. (c) The Department revokes a letter pursuant to subsection 4. 9. Each employment contract entered into between the board of trustees of a school district and the superintendent of schools of the school district must include, without limitation: (a) The provisions set forth in subsection 8 and any additional reasons why the superintendent of schools would be required to be dismissed for cause by the board of trustees of the school district that the board of trustees deems appropriate. (b) A description of the process for annually evaluating the superintendent of schools that includes, without limitation: (1) Measures of learning and behavior outcomes of pupils; and (2) Professional standards that are nationally recognized. 10. A superintendent of schools may administer oaths or affirmations relating to public schools.
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