HB566 By Representatives Shedd, Mooney, Harbison, Henry, Standridge, Whorton (I), Nordgren and Hanes RFD Education Policy Rd 1 20-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, relating to the selection, qualifications, powers, duties, and tenure of the State Superintendent of Education; to provide for the election of the State Superintendent of Education by the qualified electors of the state.

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 for the election of the State Superintendent of Education by the qualified electors of the state.

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 elected by the qualified electors of the state at the same time and in the same manner as provided for the election of other elected state officers in the year 2018 and every fourth year thereafter. 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 Legislature. 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 to be determined by the Governor and in an amount not less than the salary payable to the Superintendent of Education on November 1, 2016.

"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 for the election of the State Superintendent of Education by the qualified voters of the state.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Education

Superintendent of Education, State

Elections