Sec. 8. 20-A MRSA §1001, sub-§14, as enacted by PL 1993, c. 423, §1, is amended by amending the first paragraph to read:

14. Insurance purchase by competitive bidding. Except as otherwise provided by waiver, a school board shall purchase oversee the purchasing of insurance by competitive bidding. On each insurance policy, a competitive bid must be sought at least once every 5 years. To take advantage of commercial package policies in the marketplace, a school board shall group qualifying lines of insurance into a single competitive bid process. Each policy secured by competitive bidding must be issued with a 3-year policy term or, if this is not possible, a commitment for 3 one-year policy terms must be secured with an option for 2 additional one-year policy terms, subject to annual review and adjustment.

Sec. 9. 20-A MRSA §1001, sub-§14, ¶C, as enacted by PL 1993, c. 423, §1, is amended by amending subparagraph (2), first paragraph to read:

(2) In the same time frame, the school board shall also develop approve a request for proposal, referred to in this paragraph as the "proposal." The proposal must contain at a minimum:

Sec. 10. 20-A MRSA §1001, sub-§16, as enacted by PL 1999, c. 351, §2, is amended to read:

16. Crisis response plan. Working with local public safety, mental health and law enforcement officials, they shall develop a crisis response plan They shall annually approve a plan developed by the school unit administration working with local public safety, mental health and law enforcement officials to deal with crises and potential crisis situations involving violent acts by or against students in each school in the school administrative unit.

Sec. 11. 20-A MRSA §1051, sub-§1, as amended by PL 1991, c. 655, §1, is further amended to read:

1. Eligibility requirements. Only those persons who hold a state certificate of superintendence grade, issued in accordance with chapter 501 or 502, may be are eligible to become superintendents. Members of the school board may are not be eligible to become superintendent in the school administrative unit that they represent. Superintendents' certificates may must be revoked in accordance with section 13020. Grounds for revocation include, but are not limited to, the employment or

retention of uncertified personnel in a school administrative unit in violation of this Title or of any rules adopted pursuant to this Title.

Sec. 12. 20-A MRSA §1051, sub-§2, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

2. Appointment. The school board shall elect, by majority vote of the full membership, the superintendent. The school board, upon notification by the commissioner, shall meet during no later than December 31st of the year preceding the expiration of the superintendent's contract, at a day and place determined by the chairman chair of the school board. When a vacancy occurs, the school board shall meet as soon as possible to choose a superintendent.

Sec. 13. 20-A MRSA §1053, sub-§§1 and 2, as enacted by PL 1981, c. 693, §§5 and 8, are amended to read:

1. School unions. The union committee shall determine establish a policy to guide the relative amount of service to be performed by the superintendent in each unit, including the minimum number of visits to be made each term to each school.

2. Community school district. In community school districts, the district school committee shall also determine establish a policy to guide the relative amount of service to be performed by the superintendent in each school administrative unit.

Sec. 14. 20-A MRSA §1055, first ¶, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

The superintendent is responsible for the ongoing administration of the school administrative unit and for ensuring that the operation of the schools conforms to policies and rules as adopted by the school board and to state laws and rules. The superintendent shall be also is the ex officio secretary of the school board and school building committee chosen by the administrative unit and shall perform duties as the school board or school building committee direct.

Sec. 15. 20-A MRSA §1055, sub-§1, as amended by PL 1985, c. 797, §13, is further amended to read:

1. Records, orders, vouchers. The superintendent shall is responsible for:

A. Keep Keeping a permanent record of all the votes, orders and proceedings;

B. Place Placing all orders for materials and supplies purchased by vote of the school building committee or school board;

C. Keep Keeping all financial records and accounts; and

D. Issue Issuing vouchers showing the correctness of bills contracted on account of school appropriations.

Sec. 16. 20-A MRSA §1055, sub-§§2 to 5, as enacted by PL 1981, c. 693, §§5 and 8, are amended to read:

2. Inspect schools; annual report. The superintendent shall is responsible for:

A. Inspect Inspecting the schools and review reviewing the operating rules, the discipline and the proficiency of the students;

B. Visit Visiting each school at least the minimum number of times each term required by the school board or union committee as established by the policy adopted under section 1053; and

C. Annually, make and send reporting to the commissioner a written report of the condition of the schools for the prior year, including a statement of the condition of school buildings, the progress made by the students and an evaluation of the methods of instruction and government on the progress of the comprehensive education plan required under section 4502, subsection 6.

3. Financial and building report. The At least annually, the superintendent shall keep send an accurate account of school finances and send a written report, at least once a term, and an accurate report on the condition of school facilities to each school board member. The report shall include a financial statement and a statement of the repair, cleanliness and sanitary arrangements of school buildings and outbuildings.

4. Educational materials. The superintendent shall select textbooks, supplies and apparatus with the approval of the school board and shall make all these purchases under rules adopted by the school board is responsible for carrying out the policies of the school board established pursuant to section 1001, subsection 10-A for the selection and purchase of all educational materials.

5. Distribution and accounting of supplies. The superintendent shall assure ensure that all necessary apparatus and supplies are seasonably distributed to each school, accurately accounted for and economically used.

Sec. 17. 20-A MRSA §1055, sub-§10, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

10. Supervise school employees. The superintendent shall direct and supervise the work is responsible for the evaluation of all teachers and other employees of the school administrative unit.

Sec. 18. 20-A MRSA §1205, sub-§2, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

2. Transfer of governing authority. The school directors shall, on the date established in subsection 1, assume responsibility for the management and control of the public schools within the former school administrative units within the district and these former school administrative units shall on that date have no further responsibility for the operation or control of the public schools within the district.

Sec. 19. 20-A MRSA §1256, sub-§3, as amended by PL 1983, c. 485, §11, is further amended to read:

3. Operating schools. May operate authorize and oversee the operation of elementary schools;

Sec. 20. 20-A MRSA §1256, sub-§7, ¶B, as amended by PL 1987, c. 737, Pt. C, §§39 and 106 and PL 1989, c. 6, c. 9, §2, c. 104, Pt. C, §§8 and 10, is further amended to read:

B. If the gift is in trust, the board shall deposit cause the trust funds to be deposited or invest those trust funds invested according to Title 30-A, chapter 223, subchapter III-A.

(1) Unless prohibited by a trust instrument, the district may treat any 2 or more trust funds as a single fund for the purposes of investment.

(2) After deduction for management expenses, any interest earned or capital gains realized shall must be prorated among the various trust funds.

(3) Property or securities included in the corpus of a trust fund shall must be retained where the trust instrument so provides.

(4) Unless otherwise specified in the trust instrument, only the annual income from the trust fund may be spent.

(5) If the district fails to comply with the terms of the trust instrument, the trust fund reverts to the donor or the donor's heirs.

SUMMARY

This bill is reported out to the Senate by the Joint Standing Committee on Education and Cultural Affairs pursuant to Joint Order 2001, S.P. 773. The bill proposes to implement the recommendations of the interim report of the Task Force on School Governance convened by the State Board of Education at the request of the Joint Standing Committee on Education and Cultural Affairs during the First Regular Session of the 120th Legislature.

The bill proposes to clarify that the primary role and responsibilities of school board members are to serve as policymakers for the school administrative units and that the role and responsibilities of school superintendents are to serve as education leaders and administrators for the school administrative units. The bill proposes to accomplish this by amending provisions of the education statutes to clarify the respective roles and responsibilities of school board members and school superintendents in governing and administering local school administrative units.