Relating to public education; to amend Sections 16-9-11, 16-12-1, and 16-60-111.1, Code of Alabama 1975; to add Sections 16-4-1.1 and 16-60-111.9 to the Code of Alabama 1975; to require the posting of notices of vacancies in the positions of State Superintendent of Education, appointed county superintendent of education, appointed city superintendent of education, Chancellor of Postsecondary Education, and the chief executive officer of any two-year school or college under the auspices of the State Board of Education, the Alabama Institute for Deaf and Blind, the Alabama School of Fine Arts, the Department of Youth Services School District, and the Alabama High School of Mathematics and Science; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-4-1.1 is added to the Code of Alabama 1975, to read as follows:
(a) Notice of a vacancy in the position of State Superintendent of Education shall be posted by the State Board of Education. The notice shall be posted on the Internet and in a conspicuous place at each school campus and worksite, including all state and local board of education offices, at least 30 calendar days before the position is to be filled. The notice shall remain posted until the position is filled and shall include, but not necessarily be limited to, all of the following:
(1) Job description and title.
(2) Required qualifications.
(3) Salary amount.
(4) Information on where to submit an application.
(5) Information on any deadlines for applying.
(6) Any other relevant information.
(b) The State Board of Education may adopt or continue policies which are not inconsistent with this section. The position shall not be filled during the required posting period, except as herein provided. The posting of a vacancy notice as required in this section shall not be abridged or delayed except in emergency circumstances and then delayed only temporarily in order to reasonably meet the conditions of the emergency. Violation of the notice requirements of this section by the board shall void any related employment action taken by the board.
(c) A vacancy in the position of State Superintendent of Education shall be filled by the State Board of Education within 120 days after the vacancy occurs. The board may temporarily fill the position on an interim basis for not more than six months two six-month periods.
§16-9-11.
"(a) A vacancy in the office position of county superintendent shall be filled by the county board of education within 90 120 days after such a vacancy occurs.
"(b) In the event such vacancy is not filled by the county board of education within 90 120 days, the state superintendent shall fill such vacancy by appointment. The appointee shall hold office for the unexpired term. "Term," as used in this section, includes, in addition to those terms the beginning and ending of which are fixed definitely by the law, terms fixed by the county board of education, in which latter case the unexpired term shall be the balance of the term fixed for the last person serving as such officer; provided, that when. When there is such vacancy which the state superintendent is authorized to fill, and no term has been fixed by the county board of education, and no term of definite duration is fixed by law, the appointee of the State Superintendent of Education shall serve two years from the next succeeding first day of July.
"(c) Notice of a vacancy in the position of an appointed county superintendent of education shall be posted by the county board of education. The notice shall be posted in a conspicuous place at each school campus and worksite at least 30 calendar days before the position is to be filled. The notice shall remain posted until the position is filled and shall include, but not necessarily be limited to, all of the following:
"(1) Job description and title.
"(2) Required qualifications.
"(3) Salary range.
"(4) Information on where to submit an application.
"(5) Information on any deadlines for applying.
"(6) Any other relevant information.
"(d) The board may adopt or continue policies which are not inconsistent with this section. The position shall not be filled during the required posting period, except as herein provided. The posting of a vacancy notice as required in this section shall not be abridged or delayed except in emergency circumstances and then delayed only temporarily in order to reasonably meet the conditions of the emergency. The adoption of additional policies shall comply with the requirements and procedures of Section 16-1-30.
"(e) Substantive, willful violation Violation of the notice requirements of this section shall void any related employment action taken by the board.
§16-12-1.
"(a) The city board of education shall appoint a city superintendent of schools to hold office at the pleasure of the board. The city superintendent of schools shall receive such compensation as the city board of education shall direct. The city board of education may remove the city superintendent of schools for incompetency, immorality, misconduct in office, willful neglect of duty or when, in the opinion of the board, the best interests of the schools require it such action.
"(b) Notice of a vacancy in the position of an appointed city superintendent of education shall be posted by the city board of education. The notice shall be posted in a conspicuous place at each school campus and worksite at least 30 calendar days before the position is to be filled. The notice shall remain posted until the position is filled and shall include, but not necessarily be limited to, all of the following:
"(1) Job description and title.
"(2) Required qualifications.
"(3) Salary range.
"(4) Information on where to submit an application.
"(5) Information on any deadlines for applying.
"(6) Any other relevant information.
"(c) The board may adopt or continue policies which are not inconsistent with this section. The position shall not be filled during the required posting period, except as herein provided. The posting of a vacancy notice as required in this section shall not be abridged or delayed except in emergency circumstances and then delayed only temporarily in order to reasonably meet the conditions of the emergency. The adoption of additional policies shall comply with the requirements and procedures of Section 16-1-30.
"(d) A vacancy in the position of city superintendent shall be filled by the board within 120 days after such a vacancy occurs.
"(e) Substantive, willful violation Violation of the notice requirements of this section shall void any related employment action taken by the board.
§16-60-111.1.
"(a) For the sole purpose of assisting the board in carrying out its authority and responsibility for each of the junior colleges and trade schools, the board shall have the authority to appoint a Chancellor who will also be Chief Executive Officer of the Postsecondary Education Department. The Chancellor shall serve at the pleasure of the board and perform such duties as assigned by the board; provided, however, that the. The board may enter into a contract with the Chancellor for his or her services for a period not to exceed four years. The Chancellor shall be a person of good moral character with academic and professional education equivalent to graduation from a recognized university or college, who is knowledgeable in postsecondary institution administration and has training and experience sufficient to qualify him or her to perform the duties of his the office.
"(b) Notice of a vacancy in the position of Chancellor shall be posted by the State Board of Education. The notice shall be posted on the Internet and in a conspicuous place at each postsecondary school campus and worksite, including all state and local board of education offices, at least 30 calendar days before the position is to be filled. The notice shall remain posted until the position is filled and shall include, but not necessarily be limited to, all of the following:
"(1) Job description and title.
"(2) Required qualifications.
"(3) Salary range.
"(4) Information on where to submit an application.
"(5) Information on any deadlines for applying.
"(6) Any other relevant information.
"(c) The board may adopt or continue policies which are not inconsistent with this section. The position shall not be filled during the required posting period, except as herein provided. The posting of a vacancy notice as required in this section shall not be abridged or delayed except in emergency circumstances and then delayed only temporarily in order to reasonably meet the conditions of the emergency. A violation of the notice requirements of this section by the board shall void any related employment action taken by the board.
"(d) A vacancy in the position of Chancellor shall be filled by the state board within 180 days after such a vacancy occurs. The board may temporarily fill the position on an interim basis for not more than six months two six months periods."
Section 3. Section 16-60-111.9 is added to the Code of Alabama 1975, to read as follows:
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) BOARD. The Board of Trustees of the Alabama Institute for Deaf and Blind; the Alabama Youth Services Department School Board in its capacity as the Board of Education for the Youth Services School District; the Board of Directors of the Alabama School of Fine Arts; the Board of Trustees of the Alabama High School of Mathematics and Science; and the State Board of Education as applied to two-year postsecondary education institutions.
(2) EXECUTIVE OFFICER. The President of the Alabama Institute for Deaf and Blind; the president of any two-year school or college under the auspices of the State Board of Education; the Executive Director of the Alabama School of Fine Arts; the Superintendent of the Department of Youth Services School District; and the Executive Director of the Alabama High School of Mathematics and Science.
(b) Notice of a vacancy in the position of executive officer shall be posted by the applicable board. The notice shall be posted on the Internet and in a conspicuous place at each school campus and worksite at least 30 calendar days before the position is to be filled. The notice shall remain posted until the position is filled and shall include, but not necessarily be limited to, all of the following:
(1) Job description and title.
(2) Required qualifications.
(3) Salary range.
(4) Information on where to submit an application.
(5) Information on any deadlines for applying.
(6) Any other relevant information.
(c) The board may adopt or continue policies which are not inconsistent with this section. The position shall not be filled during the required posting period, except as herein provided. The posting of a vacancy notice as required in this section shall not be abridged or delayed except in emergency circumstances and then delayed only temporarily in order to reasonably meet the conditions of the emergency. The adoption of additional policies shall comply with the requirements and procedures of Section 16-1-30.
(d) A vacancy in the position of executive officer shall be filled by the board within 120 days after such vacancy occurs, except in the case of a financial emergency. The board may temporarily fill the position on an interim basis for not more than six months two six-month periods. Experience gained by employment on a temporary interim or emergency basis may not be applied toward job experience requirements.
(e) Violation of the notice requirements of this section by the board shall void any related employment action taken by the board.
Section 4. The requirements of this act shall not apply to any search underway on the effective date of this act.
Section 5. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill requires expenditures only by a school board.
Section 6. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.