HB537 By Representatives Collins, Baker, McMillan, Beech, Black, Greer, Johnson (K), Rich, Patterson, Whorton (R), Williams (P), Pettus, Nordgren, Robinson and Davis RFD Education Policy Rd 1 12-APR-16

SYNOPSIS: Under existing law, the State Superintendent of Education is appointed by and serves at the pleasure of the State Board of Education.

This bill would propose an amendment to Amendment No. 284 to the Constitution of Alabama of 1901, now appearing as Section 264 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to provide that the Superintendent of Education would be appointed by the Governor and would serve as a member of the Governor's Cabinet.

A BILL TO BE ENTITLED AN ACT

To propose an amendment to Amendment No. 284 to the Constitution of Alabama of 1901, now appearing as Section 264 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the selection, qualifications, powers, duties, and tenure of the State Superintendent of Education, to provide that the Superintendent of Education would be appointed by the Governor and would serve as a member of the Governor's Cabinet.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

"Amendment No. 284.

"1. General supervision of the public schools in Alabama shall be vested in a state board of education State Board of Education, which shall be elected in such manner as the legislature Legislature may provide.

"2. The chief state school officer shall be the state superintendent of education, who shall be appointed by the state board of education and serve at its pleasure State Superintendent of Education. The State Superintendent of Education shall be appointed by the Governor and shall serve as a member of the Governor's Cabinet. The authority and duties of the superintendent of education Superintendent of Education shall be determined by the state board of education according to such regulations as the legislature may prescribe Governor. The superintendent of education Superintendent of Education shall receive an annual salary which shall be fixed by the legislature of Alabama and shall be paid from the state treasury in installments as the salaries of other state officers are paid the same as provided to other members of the Governor's Cabinet.

"3. The legislature Legislature shall enact appropriate laws to implement or enforce this article of amendment.

"4. The provisions of article Article V and Article XIV of the Constitution of Alabama as amended in conflict with this article are expressly repealed. However, this amendment shall not be so construed as to effect the election or term of the state superintendent of education chosen before it becomes valid as a part of the Constitution."

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

"Proposing an amendment to the Constitution of Alabama of 1901, to provide that the Superintendent of Education would be appointed by the Governor and would serve as a member of the Governor's Cabinet.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Education

Superintendent of Education, State

Governor