1. At the hearing required by section 15.1 -14-09, the board of the school district shall present testimony or documentary evidence to substantiate the reasons for the contemplated nonrenewal of a superintendent who has been employed by the board in that position for at least two consecutive years. 2. The superintendent may call witnesses and present evidence necessary to refute the reasons for nonrenewal. 3. Each witness appearing on behalf of the board of the school district or the superintendent may be questioned for the purpose of clarification. 4. Unless otherwise agreed to by the board and the superintendent, the hearing must be conducted as an executive session of the board, except that: a. The superintendent may invite to the hearing any two representatives to speak on behalf of the superintendent and may invite the superintendent's spouse or one other family member. b. The board may invite to the hearing any two representatives to speak on behalf of the board and may invite the school district business manager. 5. If the superintendent chooses to be accompanied by an attorney, the legal expenses attributable to that representation are the responsibility of the superintendent. 6. If a continuance is requested by the superintendent, the board shall grant a continuance for a period not to exceed seven days. 7. No cause of action for libel or slander may be brought regarding any communication made at an executive session held by the board for the purposes provided in this section. 8. If, after considering the testimony and evidence presented at the hearing, the board chooses not to renew the contract of the superintendent, the board shall provide written notice of its decision to the superintendent on or before May first.
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