US Laws, Codes, Statutes & Cases

§23.  First assistant superintendent of education for public elementary and secondary education; appointment; service as superintendent in case of vacancy

A.  The superintendent shall appoint a first assistant, who shall possess the qualifications required for election to the office of superintendent and who shall be subject to public confirmation by the Senate.  If the legislature is in regular session when the appointment is made, the superintendent shall submit the name of his appointee to the Senate within forty-eight hours after the appointment is made, and failure of the Senate to confirm the appointment prior to the end of that session shall constitute rejection.  If the legislature is not in regular session when the appointment is made, the appointment made by the superintendent shall expire at the end of the next regular session unless the name of the appointee has been submitted to and been confirmed by the senate during that session.  The first assistant may be removed by the superintendent at his pleasure.  

B.  A vacancy in the office of superintendent shall be filled by the first assistant.  However, if the unexpired term exceeds one year, the office shall be filled by election at the next regularly scheduled congressional or statewide election, and the first assistant shall serve only until the person then elected takes office.  

Acts 1975, No. 274, §1.