Superintendents of Schools -- Election or Reelection

ADMINISTRATIVE LETTER NO: 32
POLICY CODE: CBD

TO: Superintendents of Schools and School Board Chairpersons
FROM: Susan A. Gendron, Commissioner of Education
DATE: December 3, 2008
SUBJECT: Superintendents of Schools -- Election or Reelection

**** Please forward to School Board Chairpersons ****

Title 20-A M.R.S.A. Section 1051 (2) requires that school boards of school administrative units meet no later than December 31 of the year preceding the expiration of the superintendent's contract to elect a superintendent by majority vote of the full membership.

The following advice is for those school administrative units (SAUs) that: (1) have an approved alternative plan: or (2) are reorganizing or possibly reorganizing into regional school units (RSUs), alternative organizational structures (AOSs).

Stand-alone SAUs with an approved alternative plan – meet by December 31, 2008 as required and submit the EF-A-605.
Voter approved RSUs or AOS – in lieu of the December 31, 2008 meeting and EF-A-605 submission:

Send a letter indicating that the school administrative unit will be in a new RSU/AOS approved by the voters on “specify date” and operational “7/1/09”.
Once the board for the new unit is in place and has selected a superintendent then they should comply with the requirements of 20-A M.R.S.A. Section 1051(2) and submit the EF-A-605.

Formations of RSUs or AOSs that are going to referendum in December 2008:

If the referendum is successful, follow the advice in (2).
If the reorganization fails at referendum, the existing school administrative units must meet prior to December 31, 2008 and submit the EF-A-605.

Formations of RSUs or AOSs that are going to referendum in January 2009:

In lieu of the December 31, 2008 meeting and EF-A-605 submission, send a letter indicating that the school administrative unit will be voting on reorganization on “specify date” and request an extension until “specify date”.
Once the vote has occurred, please follow advice in (3).

Those SAUs that have not complied with the reorganization law must follow the same procedure they followed last year, as set forth below.

In addition, Section 1051(5) requires the chairperson and secretary of the school board to certify under oath to the Commissioner, on forms provided by the Commissioner, all facts relating to the unit's selection of a superintendent. Pursuant to the statute, this certification must be made both annually and when a new superintendent is chosen. In the event that an existing superintendent's contract is extended, or changes are made to the compensation paid to the superintendent, that information must be reported to the Department so that appropriate entries can be made on the Certification of Employment forms. Department of Education form EF-A-605 in MS Word format is available for downloading at http://www.maine.gov/education/forms/otherdoe.htm#commish and should be used for this purpose. A copy of the minutes of the board action, and a copy of the superintendent’s contract must accompany the completed Certification of Employment form filed with the Commissioner.

Regarding school unions, it should be noted that the union committee of each school union is required by statute to meet annually in December to carry out the various duties set forth in 20-A M.R.S.A. Section 1902. This obligation exists whether or not a superintendent is being selected.

Also pertaining to school unions, in supervisory units where more than one administrative unit employs the superintendent, voting at the December meeting must be done on a weighted basis pursuant to Section 1902.

A complete list of votes by unit using the 2005 estimated census counts is available at: http://www.maine.gov/education/forms/leadershipteam/unionvotes06.htm .
If you notice any errors in the number of school board members in any of your units, please contact us as soon as possible.

A copy of the completed Certification of Employment must be filed with the treasurer of each member town of a school union. Forms may be reproduced locally to meet needs.

Superintendents are elected for specific terms not to exceed 5 years. The term of office for any superintendent shall end on June 30, with the year to be specified by board vote. The superintendent must hold a valid superintendent's certificate when the board votes to employ or the election shall be declared null and void and without effect. The motion to elect the superintendent and set the superintendent's salary should specify the time frame within which the offer must be accepted by the superintendent or candidate. Non-acceptance of the offer means that a vacancy will occur at the expiration of the current contract agreement.

In the event of a vacancy, you may wish to contact the Maine School Management Association to obtain a copy of "Selection Procedures for Superintendent of Schools".

A copy of the minutes showing the action of the board and/or union committee must be attached to the Certification of Employment, along with a copy of the superintendent’s contract which should be returned to the Commissioner’s office directly after the December meeting of the year preceding the expiration of the superintendent’s contract.

Superintendents of schools are responsible for delivering this Administrative Letter and appropriate materials to the chairperson of each board. Questions concerning this letter should be directed to Angela Faherty, Deputy Commissioner at 624-6663 or Angela.Faherty@maine.gov .