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Senate File 5

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 256.8, Code 1995, is amended to read as
  1  2 follows:
  1  3    256.8  DIRECTOR OF DEPARTMENT OF EDUCATION.
  1  4    The governor shall appoint a director chief administrative
  1  5 officer of the department of education is the director, who
  1  6 shall be appointed by the state board to a four-year term,
  1  7 subject to confirmation by the senate, and serve at the state
  1  8 board's pleasure.  The state board shall make the appointment
  1  9 based on the appointee's education, experience, and
  1 10 capabilities.  The director shall possess a background in
  1 11 education and administrative experience and shall serve at the
  1 12 pleasure of the governor.  The salary of the director shall be
  1 13 fixed by the state board within salary guidelines or a range
  1 14 established by the general assembly.
  1 15    Sec. 2.  Section 256.10, Code 1995, is amended to read as
  1 16 follows:
  1 17    256.10  EMPLOYMENT OF PROFESSIONAL STAFF.
  1 18    The salary of the director shall be fixed by the governor
  1 19 within a range established by the general assembly.
  1 20 Appointments to the professional staff of the department shall
  1 21 be without reference to political party affiliation, religious
  1 22 affiliation, sex, or marital status, but shall be based solely
  1 23 upon fitness, ability, and proper qualifications for the
  1 24 particular position.  The professional staff shall serve at
  1 25 the discretion of the director.  A member of the professional
  1 26 staff shall not be dismissed for cause without at least ninety
  1 27 days' notice, except in cases of conviction of a felony or
  1 28 cases involving moral turpitude.  In cases of procedure for
  1 29 dismissal, the accused has the same right to notice and
  1 30 hearing as teachers in the public school systems as provided
  1 31 in section 279.27 to the extent that it is applicable.
  1 32    Sec. 3.  TRANSITIONAL PROVISION.  Effective July 1, 1995,
  1 33 the director of the department of education who was appointed
  1 34 by the governor shall cease to serve as the director, unless
  1 35 appointed to that position by the state board of education.
  2  1 The state board of education shall appoint a director to serve
  2  2 an interim term in accordance with sections 2.32 and 256.8
  2  3 beginning July 1, 1995, and ending April 30, 1996.  The
  2  4 regular term of office of the director to be appointed by the
  2  5 state board of education and confirmed by the senate shall be
  2  6 four years beginning May 1, 1996.  
  2  7                           EXPLANATION
  2  8    The bill provides authority to the state board of education
  2  9 relating to the appointment and employment of the director of
  2 10 the department of education.  The director of the department
  2 11 of education will be appointed, subject to senate
  2 12 confirmation, by the state board.  The director serves at the
  2 13 pleasure of the state board.  The salary of the director is to
  2 14 be set by the state board within limitations established by
  2 15 the general assembly.
  2 16    A transitional provision provides for the state board's
  2 17 appointment and employment authority over an interim director
  2 18 of the department of education to commence on July 1, 1995.
  2 19 The regular term of office of the director is four years and
  2 20 commences on May 1, 1996.  
  2 21 LSB 1110SS 76
  2 22 kh/cf/24
     

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