2006 Georgia Code - 20-2-101

20-2-101. (a) Superintendents of each school system shall be employed by the local board of education under written contracts for a term of not less than one year and not more than three years. Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence of one or more events, shall be void if that extension would result in employment under the contract, as so extended, for a period which exceeds three years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after April 15, 1993, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before April 15, 1993, as long as that contract was valid at such time. (b) No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission. (c) Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not inconsistent with the provisions of this chapter. (d) This Code section shall not apply to any elected school superintendent in office on January 1, 1993, during the term of office for which that person was elected. (e) At any time during the 12 months immediately preceding the expiration of an appointed or elected school superintendent´s contract or term of office, or when a vacancy in the office of school superintendent occurs, the local board may appoint and employ a successor in accordance with the above provisions of this Code section, notwithstanding that the terms of some or all of the board members will expire before the employment of the superintendent so appointed and employed begins. Where a local board of education decides to appoint and employ the incumbent elected superintendent of the school district as the superintendent for a term beginning during 1996 or thereafter, or to renew the contract of any appointed superintendent, the board shall not be required to comply with the notice and announcement provisions of subsection (d) of Code Section 20-2-211 or any local policy adopted pursuant thereto. (f) No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract.

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