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