DEPARTMENT OF EDUCATION
P.O.
SUPTS. MEMO NO. 283
November 21, 2008
INFORMATIONAL
|
TO: |
Division
Superintendents |
|
FROM: |
Patricia
I. Wright Superintendent
of Public Instruction |
|
SUBJECT: |
Requirements
for the Appointment of a Division Superintendent |
The
purpose of this memorandum is to provide information regarding the appointment
of a division superintendent. School
division personnel and school boards have inquired about the statutes governing
the appointment of division superintendents.
Requirement of a Division
Superintendent
Section
22.1-58 of the Code of Virginia noted
below requires that each school division must have a division superintendent.
Section 22.1-58. Division
superintendent required. For each school division there shall be a division superintendent
of schools.
Qualifications
of Superintendent
Section 22.1-59 of the Code of Virginia requires the Board of
Education to prescribe by regulation the requirements for the division
superintendent. Pursuant to the Licensure Regulations for School Personnel (8VAC20-22-10 et. seq.), an
individual must meet specified requirements and hold an active division
superintendent license to be eligible to serve as a division superintendent.
Section 22.1-59. Qualifications
of superintendent.
The Board
of Education shall prescribe by regulation the minimum qualifications for the
position of division superintendent of schools and a copy of such regulations
shall be furnished to all applicants.
Appointment of a
Superintendent
The following excerpts
from the Code of Virginia stipulate
requirements for the appointment and term of superintendents as well as the
timelines for appointing a division superintendent.
Section
22.1-60. Appointment and term of superintendent; certain
contractual matters.
A.
The division superintendent of schools shall be appointed by the
school board of the division from the entire list of eligibles
certified by the State Board. All contract terms for superintendents shall
expire on June 30. The division superintendent shall serve for an initial term
of not less than two years nor more than four years.
At the expiration of the initial term, the division superintendent shall be
eligible to hold office for the term specified by the employing school board,
not to exceed four years.
The division superintendent shall be
appointed by the school board within 180 days after a vacancy occurs. In the
event a school board appoints a division superintendent in accordance with the provisions
of this section and the appointee seeks and is granted release from such
appointment prior to assuming office, the school board shall be granted a
60-day period from the time of release within which to make another
appointment.
A school board that has not appointed a
superintendent within 120 days of a vacancy shall submit a written report to
the Superintendent of Public Instruction demonstrating its timely efforts to
make an appointment.
B. No school board shall renegotiate a
superintendent's contract during the period following the election or
appointment of new members and the date such members are qualified and assume
office.
C. Whenever a superintendent's contract is being
renegotiated, all members of the school board shall be notified at least 30
days in advance of any meeting at which a vote is planned on the renegotiated
contract unless the members agree unanimously to take the vote without the 30
days notice. Each member's vote on the renegotiated contract shall be recorded
in the minutes of the meeting.
Section 22.1-61. When Board to appoint
superintendent.
In the event
that a school board fails to appoint a division superintendent within the time
prescribed by Section 22.1-60, the State Board shall appoint such
division superintendent.
On March 22, 2006, the Virginia Board
of Education approved the procedures for the appointment of a division
superintendent that is not appointed within the time prescribed by Sections
22.1-60 and 22.1-61 of the Code. These procedures may be accessed on the
following website:
http://www.doe.virginia.gov/administrators/superintendents_memos/2006/inf074a.pdf.
Section 22.1-62. Appointment of same person by two or more school divisions;
approval of part-time superintendent by State Board.
A. Any two or more school divisions may appoint the same person to be
division superintendent.
B. No person may be employed as a part-time division superintendent
without the approval of the Board of Education.
Section 22.1-63. Certain officers ineligible for or to hold office of
superintendent.
A. No member of the governing body of a county, city or town and no
member of a school board shall be eligible for the office of division
superintendent of schools in the school division in which he serves.
B. No federal officer or employee, no state officer, except an officer
appointed by the Governor, no state employee, no deputy of such officers, no
officer or employee or the deputy of an officer of a city, county or town, no
member of the governing body of a county, city or town, no member of a school
board and no chairman of any political party shall be eligible to hold the office
of division superintendent of schools.
Oath
of Superintendent
Section 22.1-64. Oath
of superintendent.
Every division
superintendent, before entering upon the duties of office, shall take and
subscribe the oath prescribed for an officer of this Commonwealth as provided
in Chapter 1 (Section 49-1 et seq.) of Title 49 of this Code, and a certificate of the clerk of
the court in which the oath is administered setting forth the qualification and
its record shall be furnished the Superintendent of Public Instruction.
Please advise, in writing, the
State Superintendent of Public Instruction when a division superintendent
vacancy occurs and the name of the acting superintendent. Upon appointing a division superintendent,
the Certificate of Appointment and Oath of Superintendent must be completed and
submitted to the Superintendent of Public Instruction. Please refer to Informational Superintendent's
Memorandum Number 243, dated October 3, 2008, regarding the Certificate of
Appointment and Oath of Superintendent.
These forms are attachments to the memorandum that may be accessed at
the following website:
http://www.doe.virginia.govsuperintendents_memos/2008/10_oct/inf243.html
If you have any questions regarding the
appointment of a division superintendent, please do not hesitate to contact
PIW/psp