Section 2-302 - Appointment, term, salary, qualifications, removal, and vacancy.
§ 2-302. Appointment, term, salary, qualifications, removal, and vacancy.
(a) Appointment and term.- The State Superintendent shall be appointed by the State Board for a term of 4 years beginning on July 1 after his appointment and serves until a successor is appointed and qualifies.
(b) Salary.- The State Board shall fix his salary and pay it from the appropriation for the expenses and maintenance of the Department.
(c) Qualifications.- The State Superintendent shall:
(1) Be an experienced and competent educator;
(2) Be a graduate of an accredited college or university;
(3) Have at least 2 years of special academic and professional graduate preparation in an accredited college or university; and
(4) Have at least 7 years of experience in teaching and administration.
(d) Removal.-
(1) The State Board may remove the State Superintendent for:
(i) Immorality;
(ii) Misconduct in office;
(iii) Insubordination;
(iv) Incompetency; or
(v) Willful neglect of duty.
(2) Before removing the State Superintendent, the State Board shall send the Superintendent a copy of the charges against him and give him an opportunity within 10 days to request a hearing.
(3) If the State Superintendent requests a hearing within the 10-day period:
(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the State Superintendent a notice of the hearing; and
(ii) The State Superintendent shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.
(e) Vacancy.- The State Board shall appoint a new State Superintendent to fill a vacancy in that office for the remainder of the unexpired term.
[An. Code 1957, art. 77, § 23; 1978, ch. 22, § 2.]