Q In an executive session of the school board, may a board member bring up for discussion matters of which he or she may be aware concerning the performance of a teacher or principal? If so what would be the superintendent’s role, what consideration should be given to an employee’s rights, and who should or should not be present?

A A school board may discuss personnel matters in executive session. The superintendent is not a member of the board, but the board may choose to invite him or her to attend an executive session. The employee may request a hearing should the board decide to provide notice of dismissal or suspension as required in Section 37-9-59, and executive sessions are open to members of the public body and to those persons whose presence is necessary for the conduct of the business under discussion. (Attorney General’s Opinion to Mitchell, July 20, 2012)

What is the superintendent's role and who should be present in an executive session of the school board where concerns on the performance of an employee are addressed?