SUMMARY:  LC 25 6448

This is the enabling legislation for a Constitutional amendment allowing for the General Assembly to provide by local law (note the amendment says "by law")  for the election of the superintendent by voters and appointment of the local board by a grand jury.

See SR 138 for the Constitutional amendment 

PROVISIONS:

The General Assembly could provide by local law for the election of the school superintendent by the voters of a county or city school district.

• Superintendents would be elected to a four year term in even-numbered years in the November election
• Term of office would begin January 1
• Candidates must meet the eligibility requirements of 45-2-1, have not less than three years of teaching or education administration experience, be a person of good moral character, never convicted of any crime involving moral turpitude, and shall have such additional educational or professional qualifications as may be prescribed by local Act
• Candidates must file with the State Board of Education a certificate under oath showing qualification before being eligible to qualify
• Local board can suspend a superintendent for incompetency, willful neglect of duty, misconduct, immorality, or the commission of a crime involving moral turpitude and for other good and sufficient cause; a hearing process is defined
• Appeal may be made to the State Board by filing it with the local board
• Superintendent may be removed from office by a majority vote of the board for inefficiency, incapacity, neglect of duty, or malfeasance or corruption in office; a hearing process is defined
• Appeal may be made to the State Board by filing it with the local board
• Includes provisions in the event of a vacancy by death, resignation, or removal from office 

If such a law were passed the local board would be selected by a grand jury.

• Number of members and term of office shall be according to 20-2-52 and 20-2-52.1
• Shall be elected by districts apportioned based on population
• Shall be elected by the last grand jury immediately preceding the expiration of the term of the member being replaced
• Grand jury shall not elect one of their own members
• Grand jury shall elect persons of good moral character who shall have at least a fair knowledge if the elementary and secondary branches of education and be favorable to the public school system
• No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a member of the local board
• Vacancies shall be filled by the grand jury.  If a grand jury is not in session, the board may appoint a replacement until a grand jury is convened. 

Without a local law being passed, the governance structure would remain as is with an elected local board that appoints the superintendent. 

POINTS TO CONSIDER:

Twenty years ago we changed the Constitution from this method to an elected local board and appointed superintendent

By the time of the Constitutional amendment in 1992, voters in most county school districts had local legislation to elect the school board.

This local legislation would not require voters to ratify it.

See SR 138 for more points to consider 

EFFECTIVE DATE:

January 1, 2017 if the Constitutional amendment passes