Certification of superintendent election or reelection

The Maine DOE is reminding administrators and school board members of the approaching deadline for annual certification of employment of Superintendent of Schools and related forms to be completed and submitted to the Department.

School boards must meet by Dec. 31 to elect a superintendent if their superintendent’s contract expires in 2014 and then must submit a report on employment of their superintendent to the Maine DOE by Jan. 31.

Because not all school board members receive Department communications, superintendents are expected to share this dispatch with their board chair.

Election of Superintendent

Title 20-A M.R.S.A. Section 1051 (2) requires that school boards of school administrative units meet no later than Dec. 31 of the year preceding the expiration of the superintendent’s contract to elect a superintendent by majority vote of the full membership of the board. Superintendents are elected for specific terms not to exceed five 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 at the time he /she takes office.

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.”

Report to Maine Department of Education

Title 20-A M.R.S.A 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, a Certification of Employment Form must be submitted (1) annually; (2) when a new superintendent is chosen; and (3) when an existing superintendent’s contract is extended, or changes are made to the compensation paid to the superintendent.  The Certification of Employment Form (EF-A-605) is available for downloading here and should be used for this purpose.

A copy of the minutes of any board action relating to the superintendent’s contract, and a copy of the superintendent’s contract must accompany the completed Certification of Employment form filed with the Commissioner.  If the school board has voted to elect a superintendent or otherwise change the superintendent’s contract, please submit the form as soon as possible following the board action.

Additional School Union Requirements

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 2010 estimated census counts is available here.

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

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