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An Act To Stabilize Maine's Educational Leadership and Vision
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §251, as amended by PL 1983, c. 123, is repealed.
Sec. 2.  20-A MRSA §251-B  is enacted to read:
§ 251-B. Selection; term
The selection and term of service of the commissioner is as follows.
 
1.  Selection.     The commissioner is selected by the state board.
 
A.  The state board shall include the Governor or the Governor's designee in the selection process and shall ensure that the Governor has an opportunity to meet and interview the candidate or candidates.
 
B.  The chair of the state board shall consult with the Governor prior to final selection by the state board. The state board shall consider the Governor's appraisal of the candidate or candidates prior to making a selection.
 
2.  Review; confirmation.     The candidate selected pursuant to subsection 1 is subject to review by the joint standing committee of the Legislature having jurisdiction over education matters and to confirmation by the Legislature.
 
3.  Term.     The commissioner initially serves a 3-year term. The state board may extend the term of the commissioner by one year at a public meeting following the annual review of performance as provided in subsection 3.
 
4.  Performance review.     The state board shall meet with the commissioner in executive session annually in December to review the performance of the commissioner at a time and place determined by the chair of the state board.
Sec. 3. Commencement of selection process. Following the effective date of this Act, the selection process set forth in the Maine Revised Statutes, Title 20-A, section 251-B must be implemented upon the occurrence of a vacancy in the office of the Commissioner of Education. The term of the commissioner serving on the effective date of this Act is governed by the law in effect at the time of the commissioner's appointment.
 
SUMMARY
This bill changes the selection process for the position of Commissioner of Education. Instead of being appointed by the Governor, under this bill, the commissioner is selected by the State Board of Education in consultation with the Governor. The candidate selected by the State Board of Education would be subject to legislative review and confirmation.