A.  There shall be a superintendent of education for public elementary and secondary education, hereinafter sometimes referred to as the superintendent, who shall execute and implement those educational policies and programs which are under the supervision and control of the board.

B.(1)  The superintendent shall administer and implement policies and programs adopted by the board and shall serve as the administrative head of the Department of Education.  In addition, he shall have such other powers, functions, duties, and responsibilities as may be provided by law.

(2)(a)  The superintendent, at a minimum, shall possess at the time of appointment, such qualifications as are adopted by rule by the board for the position of superintendent of a city, parish, or other local public school board.  Except by a favorable vote of at least two-thirds of the authorized board membership, the board shall have no authority to waive for the position of state superintendent any qualification established by the board for the position of superintendent of a city, parish, or other local public school board.

(b)  The State Board of Elementary and Secondary Education, by rule,  may establish additional qualifications applicable to the state superintendent.

C.  The superintendent shall be appointed by a two-thirds vote of the total membership of the State Board of Elementary and Secondary Education.  The board shall enter into a contract with the appointed superintendent.  The length of the contract shall be determined by the board but may not extend past the end of the term of office of the board members making the appointment, except that the contract may provide that the superintendent may serve until the succeeding board has made an appointment.  Any vacancy in the office of the appointed superintendent which occurs prior to the expiration of the term of his contract shall be filled for the remainder of the unexpired term by the method of appointment as provided in this Subsection.

D.  The salary of the superintendent shall be set by the State Board of Elementary and Secondary Education subject to the approval of the Joint Legislative Committee on the Budget.

E.  If the office of state superintendent of education is made appointive pursuant to La. Const. Art. IV, § 20 , the appointment, notwithstanding any other provision of law to the contrary, shall be subject to confirmation by the Senate.

Acts 1975, No. 274, §1.  Amended by Acts 1979, No. 236, §3, eff. Sept.  1, 1979; Acts 1980, No. 376, §2, eff. Sept.  1, 1980; Acts 1981, No. 636, §5, eff. Sept. 1, 1981; Acts 1985, No. 444, §1, eff. July 9, 1985; Acts 1985, No. 857, §1, eff. July 23, 1985; Acts 1986, No. 112, §1; Acts 1986, No. 984, §1; Acts 2010, No. 323, §1, eff. June 18, 2010.

{{NOTE:  SEE ACTS 1985, NO. 444, §2.}}

{{NOTE:  REGARDING EFFECTIVE DATE, SEE ACTS 1986, NOS. 112, §2 AND 984, §2.}}