1.    Notwithstanding any other provision of law, a board of county commissioners, by majority vote may choose not to employ a county superintendent of schools, provided the board of county commissioners:

a.    Obtains from the superintendent of public instruction a form that lists all statutory duties to be otherwise performed by a county superintendent and provides for the assignment of all such statutory duties to, and the performance of such statutory duties by, one or more individuals; b.    Obtains the consent of a majority of the school board presidents representing school districts having their administrative headquarters in the county; c.    Submits the completed form to the superintendent of public instruction; and

d.    Obtains written approval of the assignments from the superintendent of public instruction.

2.     a.    The superintendent of public instruction may waive the requirements of subsection 1 with respect to any board of county commissioners which, on or before June 30, 1999, assigned to qualified persons the duties of the county superintendent of schools, provided:

(1) The assignment of duties was set forth in a written plan; (2) The written plan was filed with the legislative council; and

(3) The superintendent of public instruction determines that the written plan substantially complies with the requirements of subsection 1.

b.    The determination of the superintendent regarding the waiver is final.