FIRST REGULAR SESSION

HOUSE BILL NO. 1281

94TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES STREAM (Sponsor), JETTON, STEVENSON, WALLACE, WILSON (130), FARES, BOWMAN, COX, MUNZLINGER, PEARCE, FUNDERBURK, RUZICKA, JONES (117), ICET, RICHARD, HOBBS, GUEST, MOORE, TILLEY, SILVEY, FAITH, CUNNINGHAM (145), SCHOELLER, SMITH (150), ROBB, SCHARNHORST, FISHER, THOMSON, COOPER (158), HUBBARD, BROWN (50), CUNNINGHAM (86), EL-AMIN, AVERY, COOPER (120), GRISAMORE, SCHLOTTACH, THRELKELD, WASSON, WETER, BIVINS, BAKER (123), KRAUS, POLLOCK, FRANZ, RUESTMAN AND SCHAD (Co-sponsors).

                  Read 1st time March 30, 2007 and copies ordered printed.

D. ADAM CRUMBLISS, Chief Clerk

2715L.02I


 

AN ACT

To repeal sections 160.011, 162.581, 162.601, 162.621, 162.1100, 168.211, 168.261, and 168.291, RSMo, and to enact in lieu thereof nine new sections relating to the establishment of metropolitan successor and metro school districts.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Sections 160.011, 162.581, 162.601, 162.621, 162.1100, 168.211, 168.261, and 168.291, RSMo, are repealed and nine new sections enacted in lieu thereof, to be known as sections 160.011, 162.581, 162.601, 162.621, 162.1100, 162.1105, 162.1107, 168.211, and 168.291, to read as follows:

            160.011. As used in chapters 160, 161, 162, 163, 164, 165, 167, 168, 170, 171, 177 and 178, RSMo, the following terms mean:

            (1) "District" or "school district", when used alone, may include seven-director, urban, [and] metropolitan, metropolitan successor, or metro school districts;

            (2) "Elementary school", a public school giving instruction in a grade or grades not higher than the eighth grade;

            (3) "Family literacy programs", services of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in families that include:

            (a) Interactive literacy activities between parents and their children;

            (b) Training of parents regarding how to be the primary teacher of their children and full partners in the education of their children;

            (c) Parent literacy training that leads to high school completion and economic self sufficiency; and

            (d) An age-appropriate education to prepare children of all ages for success in school;

            (4) "Graduation rate", the quotient of the number of graduates in the current year as of June thirtieth divided by the sum of the number of graduates in the current year as of June thirtieth plus the number of twelfth graders who dropped out in the current year plus the number of eleventh graders who dropped out in the preceding year plus the number of tenth graders who dropped out in the second preceding year plus the number of ninth graders who dropped out in the third preceding year;

            (5) "High school", a public school giving instruction in a grade or grades not lower than the ninth nor higher than the twelfth grade;

            (6) "Metropolitan school district", any school district the boundaries of which are coterminous with the limits of any city which is not within a county;

            (7) "Metropolitan successor district", the district created under section 162.1105, RSMo, after voter approval of the plan developed by the special administrative board of the transitional district under section 162.1100, RSMo;

            (8) "Metro district", one of the constituent districts into which the former metropolitan school district is divided under section 162.1105, RSMo;

            (9) "Public school" includes all elementary and high schools operated at public expense;

            [(8)] (10) "School board", the board of education having general control of the property and affairs of any school district;

            [(9)] (11) "School term", a minimum of one hundred seventy-four school days, as that term is defined in section 160.041, and one thousand forty-four hours of actual pupil attendance as scheduled by the board pursuant to section 171.031, RSMo, during a twelve-month period in which the academic instruction of pupils is actually and regularly carried on for a group of students in the public schools of any school district. A "school term" may be within a school year or may consist of parts of two consecutive school years, but does not include summer school. A district may choose to operate two or more terms for different groups of children;

            [(10)] (12) "Secretary", the secretary of the board of a school district;

            [(11)] (13) "Seven-director district", any school district which has seven directors and includes metro districts and urban districts regardless of the number of directors an urban district may have unless otherwise provided by law;

            [(12)] (14) "Taxpayer", any individual who has paid taxes to the state or any subdivision thereof within the immediately preceding twelve-month period or the spouse of such individual;

            [(13)] (15) "Town", any town or village, whether or not incorporated, the plat of which has been filed in the office of the recorder of deeds of the county in which it is situated;

            [(14)] (16) "Urban school district", any district which includes more than half of the population or land area of any city which has not less than seventy thousand inhabitants, other than a city which is not within a county.

            162.581. 1. The members of the board of education shall be elected at large from the [city, as provided in section 162.601,] metro district on a general ticket, and shall be at least twenty-four years of age, citizens and residents of the city, and shall have been residents and citizens for at least [three years] one year immediately preceding their election. They shall not hold any other office, except that of notary public, in the city or state, nor be interested in any contract with or claim against the board, either directly or indirectly. If at any time after the election of any member of the board he becomes interested in any contract with or claim against the board, either directly or indirectly, or as agent or employee of any individual, firm or corporation, which is so interested, he shall thereupon be disqualified to continue as a member of the board, and shall continue to be so disqualified during the remainder of the term for which he was elected. The one-third of the initial board members receiving the most votes shall be elected to positions having a term of three years. The one-third of initial board members receiving the next highest number of votes shall be elected to positions having a term of two years. The lowest one-third of initial board members receiving sufficient votes shall be elected to positions having a term of one year. Each initial board member shall serve the term to which he or she was elected, and until a successor is duly elected and qualified. Successor members shall be elected in the same manner as the initial board members. Each successor member shall serve a three-year term.

            2. Every member of the board, before assuming the duties of his office, shall take oath before a circuit or associate circuit judge of the city, which oath shall be kept of record in the office of the board, that he possesses all the qualifications required by this section, and that he will not, while serving as a member of the board, become interested in any contract with or claim against the board, directly or indirectly, or as agent or employee of any individual, firm or corporation which is so interested, and that he will not be influenced, during his term of office, by any consideration except that of merit and fitness in the appointment of officers and the engagement of employees.

            3. No compensation shall be paid to the members of the board, but they are exempt from service as election officers during the term of office.

            162.601. 1. Elected members of the metropolitan district board in office on August 28, [1998] 2007, shall hold office for the length of term for which they were elected, and any members appointed pursuant to section 162.611 to fill vacancies left by elected members in office on August 28, [1998] 2007, shall serve for the remainder of the term to which the replaced member was elected until the establishment of the metropolitan successor district and metro districts.

            2. No board members shall be elected [at the first municipal election in an odd-numbered year next following August 28, 1998] by the public after April 2007.

            [3. Three board members shall be elected at the second municipal election in an odd-numbered year next following August 28, 1998, to serve four-year terms.

            4. Four board members shall be elected at the third municipal election in an odd-numbered year next following August 28, 1998, and two of such members shall be elected to four-year terms and two of such members shall be elected to three-year terms. For the two members elected at the municipal election in 2006, the terms of such members shall expire after their successors are elected and qualified pursuant to subsection 6 of this section.

            5. Beginning with the fourth municipal election in an odd-numbered year next following August 28, 1998, and at each succeeding municipal election in a year during which board member terms expire, there shall be elected members of the board of education, who shall assume the duties of their office at the first regular meeting of the board of education after their election, and who shall hold office for four years, and until their successors are elected and qualified.

            6. For the two board members who are elected at the municipal election in 2006, their successors thereafter shall be elected at the general election in the year in which their terms expire.

            7. Members of the board of directors shall be elected to represent seven subdistricts. The subdistricts shall be established by the state board of education to be compact, contiguous and as nearly equal in population as practicable. The subdistricts shall be revised by the state board of education after each decennial census and at any other time the state board determines that the district's demographics have changed sufficiently to warrant redistricting.

            8. A member shall reside in and be elected in the subdistrict which the member is elected to represent. Subdistrict 1 shall be comprised of wards 1, 2, 22 and 27. Subdistrict 2 shall be comprised of wards 3, 4, 5 and 21. Subdistrict 3 shall be comprised of wards 18, 19, 20 and 26. Subdistrict 4 shall be comprised of wards 6, 7, 17 and 28. Subdistrict 5 shall be comprised of wards 9, 10, 11 and 12. Subdistrict 6 shall be comprised of wards 13, 14, 16 and 25. Subdistrict 7 shall be comprised of wards 8, 15, 23 and 24.]

            162.621. 1. Upon the establishment of the metropolitan successor school district, the board of education of each metro district shall have general and supervising control, government and management of the public schools and public school property of the district in the city assigned to that metro district and shall exercise generally all powers in the administration of the public school system [therein] in that district. The board of education has all the powers of other school districts under the laws of this state except as herein provided and shall perform all duties required by general laws of school districts so far as they are applicable to the public school affairs of the [city] metro districts and are consistent with this law. It shall appoint the officers, agents and employees it deems necessary and proper and fix their compensation. The board of education may:

            (1) Make, amend and repeal rules and bylaws for its meetings and proceedings, for the government, regulation and management of the public schools and school property in the [city] metro district, for the transaction of its business[, and the examination, qualification and employment of teachers], which rules and bylaws are binding on the board of education and all parties dealing with it until formally repealed;

            (2) Fix the time of its meetings;

            (3) Provide for special and standing committees;

            (4) Levy taxes authorized by law for school purposes through its governing council as provided in section 162.1105;

            (5) [Invest the funds of the district;

            (6)] Purchase and hold all property, real and personal, deemed by [it] the governing council necessary for the purposes of public education[;

            (7) Build and construct improvements for such purposes, and sell the same;

            (8) Provide for the gratuitous transportation of pupils to and from schools in cases where by reason of special circumstances pupils are required to attend schools at unusual distances from their residences].

            2. Except as otherwise provided in this subsection, the powers granted in subsection 1 of this section shall be vested, in the manner provided in section 162.1100, in the special administrative board of the transitional school district containing the city not within a county if the school district loses its accreditation from the state board of education. Thereafter, such powers shall [immediately] revert to the board of directors of the school district for any period of time for which no transitional school district containing the city not within a county is in existence. The board of directors of the school district shall, at all times, retain auditing and public reporting powers.

            162.1100. 1. There is hereby established within each city not within a county a school district to be known as the "Transitional School District of (name of city)", which shall be a body corporate and politic and a subdivision of the state. The transitional school district shall be coterminous with the boundaries of the city in which the district is located. Except as otherwise provided in this section and section 162.621, the transitional school district shall be subject to all laws pertaining to "seven-director districts", as defined in section 160.011, RSMo. The transitional school district shall have the responsibility for educational programs and policies determined by a final judgment of a federal school desegregation case to be needed in providing for a transition of the educational system of the city from control and jurisdiction of a federal court school desegregation order, decree or agreement and such other programs and policies as designated by the governing body of the school district.

            2. (1) The governing board of the transitional school district shall consist of three residents of the district: one shall be appointed by the governing body of the district, one shall be appointed by the mayor of the city not within a county and one shall be appointed by the president of the board of aldermen of the city not within a county. The members of the governing board shall serve without compensation for a term of three years, or until their successors have been appointed, or until the transitional district is dissolved or terminated. Any tax approved for the transitional district shall be assigned to the governing body of the school district in a city not within a county after dissolution or termination of the transitional district.             (2) In the event that the state board of education shall declare the school district of a city not within a county to be unaccredited, the member of the governing board of the transitional district appointed by the governing body of the district as provided in subdivision (1) of this subsection shall, within ninety days, be replaced by a chief executive officer nominated by the state board of education and appointed by the governor with the advice and consent of the senate. The chief executive officer need not be a resident of the district but shall be a person of recognized administrative ability, shall be paid in whole or in part with funds from the district, and shall have all other powers and duties of any other general superintendent of schools, including appointment of staff. The chief executive officer shall serve for a term of three years or until his successor is appointed or until the transitional district is dissolved or terminated. His salary shall be set by the state board of education.

            3. In the event that the school district loses its accreditation, upon the appointment of a chief executive officer, any powers granted to any existing school board in a city not within a county on or before August 28, 1998, shall be vested with the special administrative board of the transitional school district containing such school district so long as the transitional school district exists, except as otherwise provided in section 162.621.

            4. The special administrative board's powers and duties shall include:

            (1) Creating an academic accountability plan, taking corrective action in underperforming schools, and seeking relief from state-mandated programs;

            (2) Exploration of alternative forms of governance for the district, including development of a plan to divide the transitional district into metro districts, each developed around a high school and its feeder middle and elementary schools, but sharing the tax base of the metropolitan district. The plan shall offer an odd number of metro districts, but no fewer than five, drawn as geographically compact as possible;

            (3) Authority to contract with nonprofit corporations to provide for the operation of schools;

            (4) Oversight of facility planning, construction, improvement, repair, maintenance and rehabilitation;

            (5) Authority to establish school site councils to facilitate site-based school management and to improve the responsiveness of the schools to the needs of the local geographic attendance region of the school; and

            (6) Authority to submit a proposal to district voters [pursuant to section 162.666 regarding establishment of neighborhood schools] under subdivision (2) of this subsection no later than the general election of 2008.

            5. (1) The provisions of a final judgment as to the state of Missouri and its officials in a school desegregation case which subjects a district in which a transitional district is located in this state to a federal court's jurisdiction may authorize or require the governing body of a transitional school district established under this section to establish the transitional district's operating levy for school purposes, as defined pursuant to section 163.011, RSMo, at a level not to exceed eighty-five cents per one hundred dollars assessed valuation in the district or a sales tax equivalent amount as determined by the department of elementary and secondary education which may be substituted for all or part of such property tax.

            (2) Any other statute to the contrary notwithstanding, no tax authorized pursuant to this subsection shall:

            (a) Be subject to any certificate of tax abatement issued after August 28, 1998, pursuant to sections 99.700 to 99.715, RSMo; and

            (b) Effective January 1, 2002, be subject to any new or existing tax increment financing adopted by a city not within a county pursuant to sections 99.800 to 99.865, RSMo, except that any redevelopment plan and redevelopment project concerning a convention headquarters hotel adopted by ordinance by a city not within a county prior to August 28, 2003, shall be subject to such tax increment financing.

            (3) The transitional school district shall not be subject to the provisions of section 162.081, sections 163.021 and 163.023, RSMo, with respect to any requirements to maintain a minimum value of operating levy or any consequences provided by law for failure to levy at least such minimum rate. No operating levy or increase in the operating levy or sales tax established pursuant to this section shall be collected for a transitional school district unless prior approval is obtained from a simple majority of the district's voters. The board of the transitional district shall place the matter before the voters prior to March 15, 1999.

            6. (1) The special administrative board established in this section shall develop, implement, monitor and evaluate a comprehensive school improvement plan, and such plan shall be subject to review and approval of the state board of education. The plan shall ensure that all students meet or exceed grade-level standards established by the state board of education pursuant to section 160.514, RSMo;

            (2) The special administrative board shall establish student performance standards consistent with the standards established by the state board of education pursuant to section 160.514, RSMo, for preschool through grade twelve in all skill and subject areas, subject to review and approval of the state board of education for the purpose of determining whether the standards are consistent with standards established by the state board of education pursuant to section 160.514, RSMo;

            (3) All students in the district who do not achieve grade-level standards shall be required to attend summer school; except that the provisions of this subsection shall not apply to students receiving special education services pursuant to sections 162.670 to 162.999;

            (4) [No student shall be promoted to a higher grade level unless that student has a reading ability at or above one grade level below the student's grade level;] Every student in kindergarten through third grade shall be placed in a reading program and a math program until the student reaches grade level performance, except that the provisions of this subsection shall not apply to students receiving special education services pursuant to sections 162.670 to 162.999;

            (5) The special administrative board established in this section shall develop, implement and annually update a professional development plan for teachers and other support staff, including a performance-based evaluation and assessment program, subject to review and approval of the state board of education. The board shall earmark funds for principal training to assist in readying principals to be building educational leaders and to accept additional administrative responsibility, including the hiring and evaluation of teachers and other staff, as the district moves to a decentralized structure.

            7. The school improvement plan established pursuant to this section shall ensure open enrollment and program access to all students in the district, and, consistent with the Missouri and United States Constitutions, shall give first priority to residents of the city for admission to magnet schools. The school board shall take all practicable and constitutionally permissible steps to ensure that all magnet schools operate at full capacity. Students who change residence within the district shall be allowed to continue to attend the school in which they were initially enrolled for the remainder of their education at grade levels served by that school, and transportation shall be provided by the district to allow such students to continue to attend such school of initial enrollment.

            8. To the extent practicable, the special administrative board shall ensure that per pupil expenditures and pupil-teacher ratios shall be the same for all schools serving students at a given grade level. The special administrative board shall ensure that state aid funds are distributed to all metro districts on the same principles that are specified in section 163.031, RSMo, based on weighted average daily attendance. The special administrative board shall earmark funds for literacy and numeracy programs in kindergarten through grade three.

            9. The special administrative board shall ensure that early childhood education is available throughout the district.

            10. The special administrative board shall ensure that vocational education instruction is provided within the district. The board shall earmark funds for alternative schools for the purposes set out in section 167.322, RSMo.

            11. The special administrative board shall establish an accountability officer whose duty shall be to ensure that academically deficient schools within the district are raised to acceptable condition within two years.

            12. [The transitional school district in any city not within a county shall be dissolved on July 1, 2008, unless the state board determines, prior to that date, that it is necessary for the transitional district to continue to accomplish the purposes for which it was created.] The state board of education may cause the termination of the transitional school district at any time upon a determination that the transitional district has accomplished the purposes for which it was established and is no longer needed. The state board of education may cause the reestablishment of the transitional school district at any time upon a determination that it is necessary for the transitional district to be reestablished to accomplish the purposes established in this section. The state board of education shall provide notice to the governor and general assembly of the termination or reestablishment of the transitional school district and the termination or reestablishment shall become effective thirty days following such determination. Upon dissolution of a transitional school district pursuant to this section, nothing in this section shall be construed to reduce or eliminate any power or duty of any school district or districts containing the territory of the dissolved transitional school district unless such transitional school district is reestablished by the state board of education pursuant to this section. Upon the dissolution of the transitional district because of the approval of the special administrative board's plan to divide the district into metro districts, the resulting district shall be known as the metropolitan successor district, which shall have the powers and duties set out in section 162.1105.

            162.1105. 1. The provisions of sections 162.1105 to 162.1107 shall be known as the "St. Louis Neighborhood Schools Improvement Act".

            2. In the metropolitan successor school district, there is hereby established a "Governing Council" which shall consist of one member of the board of education of each metro school district. The first governing council shall be formed on or before July 1, 2009. Each member of the governing council shall be elected by the board of education of the metro school district on which the member serves. The board of education of a metro school district may elect a new member to the governing council to fill a vacancy from that district and may replace the existing metro district member on the governing council at any time, upon providing written notice of the change to the secretary of the governing council.

            3. The governing council of the metropolitan successor school district shall have the following powers and duties:

            (1) To establish such rules and procedures as may be necessary to carry out its powers and duties as provided in this section;

            (2) To elect a chairperson, a secretary, and such other officers as it deems necessary;

            (3) To review and give final approval of the annual budget of the metropolitan successor school district subject to the following provisions:

            (a) For the 2009-2010, 2010-2011, and 2011-2012 school years, the boards of education of the metro districts shall submit their proposed budget to the governing council no later than April first prior to the beginning of the school year. The governing council shall then either accept this budget proposal or make any amendments it deems appropriate and adopt the annual budget as amended no later than sixty days after receipt of the proposed budget;

            (b) For the 2012-2013 school year and each school year thereafter:

            a. The board of education of a metropolitan successor school district shall develop, in cooperation with the governing council, its annual budget which shall, following adoption by the board, be submitted to the governing council no later than April first prior to the beginning of the school year for final approval;

            b. The governing council shall accept or reject the proposed budget by May first prior to the beginning of the school year. If rejected, the proposed budget shall be returned to the board of education no later than May first with a statement setting forth the reasons for the rejection;

            c. The governing council and the board of education shall resolve any differences regarding approval of the budget by June thirtieth prior to the beginning of the school year;

            (4) To review annually, conduct public hearings on, and approve a rolling five-year plan for the operation and management of the district which shall be annually developed by the board of education of the metropolitan successor school district. The plan shall contain, but not be limited to, the following:

            (a) The delivery of services;

            (b) The structure, governance, administration and financial management of the district;

            (c) Cooperation with component metro school districts; and

            (d) Responsiveness to the needs and concerns of the citizens of the metropolitan successor school district.

 

The plan shall be first approved by the governing council on or before December 31, 2008, and shall be reviewed and approved annually on or before December thirty-first of each following year;

            (5) To consult with the parental advisory committee established in section 162.1107;

            (6) To hold at least four meetings per school year and such other meetings, called by the chair of the council, as may be necessary to transact business and fulfill the duties established under this section. All meetings of the governing council shall be open to the public, under chapter 610, RSMo. Minutes shall be kept of all proceedings and shall be a public record;

            (7) To coordinate the tax base and other resources of the successor district.

            162.1107. 1. (1) On or before July 1, 2013, and every four years thereafter, a public review committee shall be appointed to conduct a thorough review of the metropolitan successor district including the structure, governance, administration, financial management, delivery of services, cooperation with component school districts, and responsiveness to the needs and concerns of the citizens of the district. The committee shall investigate, document, and determine the validity or invalidity to the extent possible of allegations relating to these matters. Any such allegation shall be addressed in writing and shall be delivered to the governing council and metro school board for resolution, as required. The committee shall consist of three members appointed by the commissioner of education, three members appointed by the governing council of the metropolitan successor district and three members appointed by the parental advisory committee established in this section. All members of the public review committee shall be registered voters of the metropolitan successor district who have resided within the state for one year next preceding the appointment of the committee and who are at least twenty-four years of age. The committee may hold public hearings and gather information and shall make recommendations based upon factual findings.

            (2) No later than July first of the year following the year in which the committee is appointed, the committee shall complete its review and submit a report containing its findings and recommendations to the board of education of each metro school district, the governing council, and the general assembly, and the report shall be made available to the public upon request. The department of elementary and secondary education shall provide staff resources to assist in the review, and the district budget shall provide sufficient resources, including staff and consultants, upon request of the public review committee.

            (3) The public review committee may propose, if needed, a revised structure of the metropolitan successor district, or a revised structure for the selection of the members of the governing council of the district, or both, and may cause the election authority to place such proposal before the voters of the metropolitan successor district for approval and adoption, and any such issue shall become effective thirty days after approval and adoption by the voters of the district or on such other, later date as provided in the issue placed before the voters. Any such issue shall be proposed no later than July first of the year following the year in which the committee is appointed, and the issue shall be submitted to the voters on the first Tuesday after the first Monday in November in the year following the year in which the committee is appointed in the manner provided under chapter 115, RSMo.

            2. There is hereby established a "Parental Advisory Committee" which shall consult with the governing council and the boards of education of metro districts on issues involving pupils or parents of pupils of the district. The governing council shall establish a process for selection of the members of the parental advisory committee which shall provide for members to be independently selected by parents of pupils of the metropolitan successor district.

            168.211. 1. In [metropolitan] metro districts the superintendent of schools shall be appointed by the board of education for a term of [one to] no more than five years[, during which term his compensation shall not be reduced. The superintendent of schools may appoint, with the approval of the board, a treasurer, a commissioner of school buildings and he shall serve at the pleasure of the superintendent of schools and as many associate and assistant superintendents as he deems necessary, whose compensation shall be fixed by the board. The superintendent of schools shall give bond in the sum that the board requires but not less than fifty thousand dollars]. No employee or agent of the board shall be a member of the board.

            2. The superintendent of schools shall have general supervision, subject to policies established by the board, of the school system, including its [various departments and physical properties,] courses of instruction, discipline and conduct of the schools, textbooks and studies. All appointments, promotions and transfers of teachers and all other employees, and introduction and changes of textbooks and apparatus, shall be [made by the superintendent with the approval of the board] upon the initial recommendation of the principal of the building to which the teacher or employee is assigned, and the approval of the superintendent. All appointments and promotions of teachers and all other employees shall be made upon the basis of merit[, to be ascertained, as far as practicable, in cases of appointment, by examination, and in cases of promotion, by length and character of service. Examinations for appointment shall be conducted by the superintendent under regulations to be made by the board. He shall make such reports to the board that it directs or the rules provide]. The superintendent shall hire the administrative staff.

            [3. The superintendent of schools shall have general supervision, subject to policies established by the board, of all school buildings, apparatus, equipment and school grounds and of their construction, installation, operation, repair, care and maintenance; the purchasing of all supplies and equipment; the operation of the school lunchrooms; the administration of examinations for the appointment and promotion of all employees of the school system; and the preparation and administration of the annual budget for the school system. Subject to the approval of the board of education as to number and salaries, the superintendent may appoint as many employees as are necessary for the proper performance of his duties.

            4. The board may grant a leave of absence to the superintendent of schools, and may remove him from office by vote of a majority of its members.

            5. Should the superintendent hire a commissioner of school buildings, said person shall be a person qualified by reason of education, experience and general familiarity with buildings and personnel to assume the following responsibilities and duties. Subject to the control of the superintendent of schools, he shall exercise supervision over all school buildings, machinery, heating systems, equipment, school grounds and other buildings and premises of the board of education and the construction, installation, operation, repair, care and maintenance related thereto and the personnel connected therewith; the purchasing of building supplies and equipment and such other duties as may be assigned to him by board rules or regulations.]

            168.291. Whenever it is necessary to decrease the number of employees because of insufficient funds or decrease in pupil enrollment or lack of work the board of education may cause the necessary number of employees, beginning with those serving probationary periods, to be placed on leave of absence without pay[, but only in the inverse order of their appointment. Each employee placed on leave of absence shall be reinstated in inverse order of his placement on leave of absence. Such reemployment shall not result in a loss of status or credit for previous periods of service. No new appointments shall be made while there are available employees on leave of absence who have not attained the age of seventy years and who are adequately qualified to fill the vacancy in the particular department unless the employees fail to advise the board within thirty days from date of notification by the board that positions are available to them, that they will return to employment, and will assume the duties of the position to which they are appointed not later than the beginning of the month following the date of the notice by the board].

[168.261. A director of personnel may be appointed by the superintendent of schools subject to the approval of the board of education of the metropolitan school district. The director of personnel shall be a member of a personnel committee representing certificated and noncertificated employees, the committee to be appointed in the manner that the rules of the board of education provide.]