If recommendations approved by the State Board of Education are not satisfactorily implemented by the school district according to the time line developed by the State Board of Education, or if student performance has not made the expected progress and the school district is designated as unsatisfactory, the district superintendent and members of the board of trustees must appear before the State Board of Education to outline the reasons why a state of emergency should not be declared in the district. The state superintendent, with the approval of the State Board of Education, is granted authority to do any of the following:
- (1) furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education;
- (2) recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office vacant, the state superintendent may furnish an interim replacement until the vacancy is filled by the board of trustees or until an election is held as provided by law to fill the vacancy if the superintendent who is replaced is elected to such office. Local boards of trustees negotiating contracts for the superintendency shall include a provision that the contract is void should the Governor declare that office of superintendency vacant pursuant to this section. This contract provision does not apply to any existing contracts but to new contracts or renewal of contracts;
- (3) declare a state of emergency in the school district and assume management of the school district.