§ 16-60-7 - Department of elementary and secondary education – Personnel board.
SECTION 16-60-7
§ 16-60-7 Department of elementary andsecondary education – Personnel board. – (a) The board of regents shall maintain a department of elementary andsecondary education which shall perform the research, administrative, andinstructional functions and duties, including technical assistance andstatewide educational information services for local school districts, requiredof the regents by the provisions of this chapter. Within that department theappointment, promotion, salaries, term of service, and dismissal of allprofessional employees, including instructional and research employees,administrative employees, and secretaries shall be at the pleasure of thecommissioner of elementary and secondary education except that the regentsshall approve all assistant commissioners; all professional employees,including instructional and research employees, and administrative employeesmay be initially engaged under contract for not more than two (2) years. Allprofessional employees, including instructional and research employees, andadministrative employees shall not be in the classified service of the statenor be subject in any manner of control by the personnel administrator or byany officer or board other than the commissioner of elementary and secondaryeducation; provided, that all permanent appointments of the commissioner tovacant, reestablish or newly established positions shall be subject to approvalby the Emergency Hiring Council established by Executive Order 95-2. Allappointments to positions at state operated schools shall be exempt from thepreceding requirement provided that total full time equivalent positions arewithin the authorized cap and all these personnel are assigned exclusively tothe schools. The hiring of individuals on a contract basis shall be subject tostate purchasing requirements. All non-classified employees of the board ofregents who shall have twenty (20) years, not necessarily consecutive, ofservice credit, these credits having been earned in either the classified,non-classified, or unclassified service or any combination of these, shall bedeemed to have acquired full status in their positions as the status is definedby § 36-4-59; provided, that this provision shall not apply to thoseemployees whose base entry date is after August 7, 1996; and provided that thisprovision shall not apply to faculty employed by the board of regents nor shallit apply to non-classified employees who have acquired tenure as faculty.Employees who had permanent status prior to May 7, 1981, shall continue toretain their status. Persons employed by the department on February 1, 1974 ineither the classified or unclassified service and who were receiving longevitypayments on or before February 1, 1974 shall continue to be eligible forlongevity benefits upon transfer to the non-classified service within thedepartment.
(b) The table of organization, as submitted by thecommissioner of elementary and secondary education, together with the payranges, shall be subject to approval by the board of regents.