Section 380.420 - Chief executive officer; appointment; powers; reports; duties of school board; “mayor” defined.
THE REVISED SCHOOL CODE (EXCERPT)
Act 451 of 1976
380.420 Chief executive officer; appointment; powers; reports; duties of school board; “mayor” defined.
Sec. 420.
(1) This section applies to a first class school district only if the question under section 410 is approved in the first class school district.
(2) The school board of a first class school district shall appoint a chief executive officer under this section. The initial chief executive officer shall be appointed not later than 30 days after the school board takes office under section 412, with the appointment of the initial chief executive officer to take effect at the beginning of the next school fiscal year. All of the following apply to appointment and employment of a chief executive officer under this section:
(a) The chief executive officer shall be employed by the school district according to an employment contract entered into with the school board. The term of the contract shall not exceed 4 years and may be renewed.
(b) The mayor shall submit to the school board the name of 1 nominee for the position of chief executive officer. The school board shall approve or disapprove of the nominee. Approval of the nominee shall be by majority vote of the school board. Upon approval by the school board, the nominee is appointed as chief executive officer. If the school board does not approve the nominee, the mayor shall submit to the school board the name of a new nominee.
(c) Appointment of a chief executive officer under this section is subject to section 421.
(d) A chief executive officer may be removed from office either by the mayor or by a majority vote of the members serving on the school board with the approval of the mayor. However, a chief executive officer may be removed only for good cause.
(3) Beginning on the next January 1 occurring at least 1 year after the question under section 410 is presented to the school electors of the first class school district, and until the appointment of an initial chief executive officer for a first class school district takes effect under this section, the person who was serving as chief executive officer of the school district under part 5a immediately before the school board takes office under section 412 shall act as the interim chief executive officer of the first class school district under this part. All provisions of this act that would otherwise apply to the chief executive officer of the first class school district apply to the interim chief executive officer, and he or she may exercise all the powers and duties otherwise vested by law in the chief executive officer of the first class school district until a permanent chief executive officer is appointed for the school district under this section.
(4) Upon appointment of a chief executive officer for a first class school district under this section, except for the school board's powers under subsection (11), the chief executive officer immediately may exercise all the powers and duties vested by law in the chief executive officer or the school board under this act and all additional powers and duties provided under this part; and the chief executive officer accedes to all the rights, duties, and obligations of an elected school board of a first class school district. Subject to section 421, these powers, rights, duties, and obligations include, but are not limited to, all of the following:
(a) Authority over the expenditure of all school district funds, including proceeds from bonded indebtedness and other funds dedicated to capital projects. However, the chief executive officer shall submit an annual budget and annual procurement goals to the school board for approval as provided under subsection (11)(b).
(b) Rights and obligations under collective bargaining agreements and employment contracts entered into by the previous school board or by a previous chief executive officer.
(c) Rights to prosecute and defend litigation.
(d) Obligations under any judgments entered against the school district.
(e) Rights and obligations under statute, rule, and common law.
(f) Authority to delegate any of the chief executive officer's powers and duties to 1 or more designees.
(g) All other rights, duties, and obligations provided under this part for the chief executive officer or provided under this act or other state law for a school board except for those school board powers listed in subsection (11).
(5) In addition to his or her other powers, the chief executive officer appointed under this part may terminate any contract entered into by a previous school board or chief executive officer of the school district except for a collective bargaining agreement. However, this subsection does not allow any termination or diminishment of obligations to pay debt service on legally authorized bonds. A contract terminated by a chief executive officer under this subsection is void.
(6) Upon appointment of a chief executive officer for a first class school district under this section, each employee of the qualifying school district whose position is not covered by a collective bargaining agreement is employed at the will of the chief executive officer.
(7) The chief executive officer shall appoint for the first class school district a chief financial officer, chief academic officer, chief operations officer, and chief purchasing officer. Appointment of a chief financial officer under this section is subject to section 421. These officers are employed at the will of the chief executive officer.
(8) Not later than 90 days after the initial appointment of a chief executive officer under this section, and at least annually thereafter, the chief executive officer shall develop and submit to the mayor, school board, and department a school district improvement plan that includes at least detailed academic, financial, capital, and operational goals and benchmarks for improvement and a description of strategies to be used to accomplish those goals and benchmarks. The plan also shall include an assessment of available resources and recommendations concerning additional resources or changes in statute or rule, if any, needed to meet those goals and benchmarks. The plan also shall include an evaluation of local school governance issues, including criteria for establishing building-level governance.
(9) The chief executive officer shall submit an annual report to the mayor, school board, governor, and legislature and shall make the annual report available to the community in the first class school district. The annual report shall contain at least all of the following:
(a) A summary of the initiatives that have been implemented to improve school quality in the first class school district.
(b) Measurements that may be useful in determining improvements in school quality in the first class school district. These measurements shall indicate changes from baseline data from the school year before the appointment of the chief executive officer, and shall include at least all of the following:
(i) Standardized test scores of pupils.
(ii) Dropout rates.
(iii) Daily attendance figures.
(iv) Enrollment figures.
(v) High school completion and other pertinent completion rates.
(vi) Changes made in course offerings.
(vii) Proportion of school district resources devoted to direct educational services.
(c) A description of long-term performance goals that may include statewide averages or comparable measures of long-term improvement.
(10) The chief executive officer shall submit a monthly report, which shall be a public record, to the school board of the first class school district and shall make the monthly report available to the community in the first class school district. The monthly report shall contain at least all of the following:
(a) A summary of the initiatives that have been implemented to improve school quality in the first class school district.
(b) Daily attendance figures.
(c) A description of steps taken to implement the chief executive officer's school district improvement plan.
(d) A description of the progress made toward achieving the goals and benchmarks set forth in the chief executive officer's school district improvement plan.
(e) A description of progress made toward achieving the long-term performance goals set forth in the annual report under subsection (9).
(f) A copy of any and all completed financial audits authorized by the school district.
(11) The school board of a first class school district shall do all of the following:
(a) Monitor pupil performance.
(b) During June of each year, receive, review, and approve the annual budget and procurement goals submitted by the chief executive officer, including approval of the annual appropriation total for the school district's general operating fund and the general fund expenditure budget total for each of the following functions, as the functions are defined by the department in Bulletin 1022:
(i) Instructions.
(ii) Pupil support services.
(iii) Instructional staff support services.
(iv) School administration.
(v) Business support services.
(vi) Operations and maintenance.
(vii) Pupil transportation services.
(viii) Central support services.
(ix) Community services.
(c) Review all contracts totaling over $250,000.00 that are entered into by the chief executive officer.
(d) Not later than August 31 of each year, provide to the mayor an annual evaluation of the performance of the chief executive officer and make this annual performance evaluation available to the public. To assist in this function, the school board may contract with an independent auditor to conduct a performance and financial audit of the activities of the chief executive officer. If the school board contracts for such an audit, the school board shall review the audit results before preparing the annual performance evaluation.
(e) Form committees as the board considers necessary or desirable to fulfill its functions.
(f) Organize and establish community assistance teams to work with the school board to implement a cohesive, full service community school program addressing the needs and concerns of the school district's population. The school board may delegate to a community assistance team the authority to devise and implement family, community, cultural, and recreational activities to promote the academic mission of the schools. The community assistance teams may also develop parental involvement activities that focus on the encouragement of voluntary parenting education, enhancing parent and family involvement in education, and promoting adult and family literacy.
(12) As used in this section and section 421, “mayor” means the mayor of the city with the greatest population as of the most recent decennial census located within the boundaries of a first class school district.
History: Add. 2004, Act 303, Imd. Eff. Aug. 10, 2004
Popular Name: Act 451