§ 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.

HISTORY: An. Code 1957, art. 77, § 23; 1978, ch. 22, § 2.