Section 10-1073 - Manner of Election or Approval(a) The board of school directors of each school district shall meet at its regular place of meeting, during the last year of the term of the district superintendent or at any other time when a vacancy shall occur in the office of district superintendent, at an hour previously fixed by the board. The secretary of each board of school directors shall mail to each member thereof at least five days beforehand, a notice of the time, place and purpose of such meeting. At such meeting the board shall elect or approve a properly qualified district superintendent to enter into a contract to serve a term of three to five years from the first day of July next following his election or from a time mutually agreed upon by the duly elected district superintendent and the board of school directors. The contract shall be subject to the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."(b) At a public meeting of the board of school directors occurring at least ninety (90) days prior to the expiration date of the term of office of the district superintendent, the agenda shall include an item requiring affirmative action by five or more members of the board of school directors to notify the district superintendent that the board intends to retain him for a further term of three (3) to five (5) years or that another or other candidates will be considered for the office. In the event that the board fails to take such action at a public meeting of the board of school directors occurring at least ninety (90) days prior to the expiration date of the term of office of the district superintendent, the term of office which he is currently serving shall be extended one time for a one (1) year period, upon the conclusion of which the term of office shall terminate unless the board has taken action prior to the end of the one (1) year extension to retain the district superintendent for a further term as provided in this subsection. The notification shall not prevent the superintendent from being considered for or appointed to a further term of office notwithstanding the consideration of other candidates.(c) Deleted by amendment. 1970, Jan. 14, P.L. (1969) 468, § 32, effective July 1, 1970.(d) The term of office or commission of a district superintendent or assistant district superintendent shall not be shortened by reason of the fact that the district in which he serves shall be come part of a joint school, or by reason of the fact that the district in which he serves shall become a part of a new school district established as the result of reorganization of school districts pursuant to Article II., subdivision (i) or section 224 of this act. Any district superintendent, assistant district superintendent or supervising principal not selected as the district superintendent of the joint school or newly established school district in which the district he serves becomes a part shall be assigned to a position or office for which he is eligible: Provided, however, That in a new school district reorganized under Article II., subdivision (i) or section 224 of this act, he shall be assigned to a position or office which is administrative or supervisory in nature only, but there shall be no reduction in salary until the expiration of his commission. Thereafter, unless elected to an office requiring a commission he shall have the status of a professional employe: Provided, That the board of school directors may adjust the salary according to the classification of the position to which he may be assigned, and that the period of service as a commissioned district superintendent, assistant district superintendent or associate superintendent shall be counted as time served as a professional employe in determining his seniority rights.(e) The following shall apply:(1) Notwithstanding any other provision of law, no individual shall be employed as a district superintendent or assistant district superintendent by a school district except pursuant to a written contract of employment expressly stating the terms and conditions of employment.(2) A contract for the employment of a district superintendent or assistant district superintendent shall do all of the following: (i) Contain the mutual and complete agreement between the district superintendent or assistant district superintendent and the board of school directors with respect to the terms and conditions of employment.(ii) Consistent with State Board of Education certification requirements, specify the duties, responsibilities, job description and performance expectations, including performance standards and assessments provided for under section 1073.1.(iii) Incorporate all provisions relating to compensation and benefits to be paid to or on behalf of the district superintendent or assistant district superintendent.(iv) Specify the term of employment and state that the contract shall terminate immediately, except as otherwise provided under this section, upon the expiration of the term unless the contract is allowed to renew automatically under subsection (b).(v) Specify the termination, buyout and severance provisions, including all postemployment compensation and the period of time in which the compensation shall be provided. Termination, buyout and severance provisions may not be modified during the course of the contract or in the event a contract is terminated prematurely.(vi) Contain provisions relating to outside work that may be performed, if any.(vii) State that any modification to the contract must be in writing.(viii) State that the contract shall be governed by the laws of this Commonwealth.(ix) Limit compensation for unused sick leave in new employment contracts entered into after the effective date of this subsection for district superintendents or assistant district superintendents who have no prior experience as a district superintendent or assistant district superintendent to the maximum compensation for unused sick leave under the school district's administrator compensation plan under section 1164 in effect at the time of the contract .(x) Limit transferred sick leave from previous employment to not more than thirty (30) days in new employment contracts after the effective date of this subsection for district superintendents or assistant district superintendents who have no prior experience as a district superintendent or assistant district superintendent .(xi) Specify postretirement benefits and the period of time in which the benefits shall be provided.(3) No agreement between the board of school directors and a district superintendent or assistant district superintendent for a negotiated severance of employment prior to the end of the specified contract term shall provide for severance compensation to the district superintendent or assistant district superintendent, including the reasonable value of any noncash severance benefits or postemployment benefits not otherwise accruing under the contract or pursuant to law, that:(i) If the agreement takes effect two (2) years or more prior to the end of the specified contract term, exceeds the equivalent of one (1) year's compensation and benefits otherwise due under the contract.(ii) If the agreement takes effect less than two (2) years prior to the end of the specified contract term, exceeds the equivalent of one-half of the total compensation and benefits due under the contract for the remainder of the term.Amended by P.L. TBD 2017 No. 55, § 5, eff. 11/6/2017.Amended by P.L. 1142 2012 No. 141, § 12, eff. 9/10/2012.Amended by P.L. 684 2012 No. 82, § 10, eff. 7/1/2012.1949, March 10, P.L. 30, art. X, § 1073. Amended 1949, May 26, P.L. 1873, No. 552, § 1; 1951, Aug. 17, P.L. 1281, § 2; 1951, Sept. 29, P.L. 1572, § 3; 1953, Aug. 19, P.L. 1136, § 12; 1957, July 3, P.L. 461, § 1; 1963, July 31, P.L. 389, § 12; 1963, Aug. 8, P.L. 564, § 6; 1970, Jan. 14, P.L. (1969) 468, No. 192, § 32, effective July 1, 1970; 1970, May 4, P.L. 326, No. 103, § 1; 1974, Jan. 16, P.L. 1, No. 1, § 1, imd. effective.