HOUSE DOCKET, NO. 2550        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 427

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to school business officials..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

By amending Section 59 of Chapter 71 of the General Laws by adding the following:

The school committee may also appoint and employ a school business administrator who shall serve as chief fiscal officer of the school district and who shall be responsible for administering the business affairs of the school system in order to provide the best possible educational services with the financial resources which are available.

The school committee may enter into an employment contract with a school business administrator for a period of time of up to six years.  Said employment contract may contain provisions relating to, among other things, salary, fringe benefits, severance pay, relocation expenses, reimbursement for expenses incurred in the performance of duties or office, liability insurance, leave, due process in the event of dismissal or other alteration of employment status of the school business administrator, and any other terms and conditions of employment.

Notwithstanding any of the provisions of Section 59 of Chapter 71 of the General Laws to the contrary, all of the procedural and substantive due process rights, including the right of arbitration to which teachers are entitled under Sections 41 and 42 of Chapter 71 of the General Laws shall be provided by the school committee in the event of dismissal or termination of employment or suspension of a school business administrator who is certified under the provisions of Section 38G of Chapter 71 of the General Laws.

The current Section 59 of Chapter 71 of the General Laws reads as follows:

The school committee of a town not in a superintendency union or district shall employ a superintendent of schools and fix his compensation.  A superintendent employed under this section or section sixty or sixty-three shall manage the system in a fashion consistent with state law and the policy determinations of that school committee.  Upon the recommendation of the superintendent, the school committee may also establish and appoint positions of assistant or associate superintendents, who shall report to the superintendent, and the school committee shall fix the compensation paid to such assistant or associate superintendents.  The school committee shall approve or disapprove the hiring of said positions.  Such approval by the school committee of the recommendation shall not be unreasonably withheld; provided, however, that upon the request of the superintendent the school committee shall provide an explanation of disapproval.