Employing the Superintendent is one of the school board’s most important duties. Whether your board is negotiating a contract for a new superintendent or renegotiating a veteran superintendent’s contract, ASBA encourages you to seek legal advice in developing the employment contract. Lawyers with expertise in education and who understand the relationships among local school districts, school boards, and superintendents are especially helpful.

The LEARNS Act of 2023 (Act 237) requires that superintendent contracts include a new section on Superintendent Performance Targets that includes Student Achievement, School Letter Grades, and Graduation Rates. There should be a sub-section for each area in every superintendent’s contract as may apply to a particular school district with respect to letter grades when a contract is entered into or modified after July 1, 2023. At a practical level, this will apply to contract extensions that will typically occur in January/February of 2024 and thereafter.

ASBA has drafted a model contract that can be used as a resource for school boards and superintendents. The footnotes are particularly helpful and should be read carefully; not every provision in the model contract is a good fit for every district. The Association recommends that a licensed attorney be consulted regarding the drafting and negotiation of any contract between a school district and its superintendent. 

Click here to view ASBA's model contract for those entered into or modified after July 1, 2023, and contract extensions in January/February of 2024.