CHAPTER 8

FORMERLY

HOUSE BILL NO. 1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE CREATION OF A SECRETARY OF EDUCATION AND THE POWERS AND DUTIES OF SUCH OFFICER.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. This Act may be referred to as the "Secretary of Education Act of 1997".

Section 2. Amend § 107, Title 14, Delaware Code by deleting such section and substituting in lieu thereof the following:

"§ 107. Secretary of Education; Acting Secretary; appointment.

(a) The administrator and head of the Department shall be the Secretary of Education, who shall be a graduate of a standard college and shall have not less than 5 years experience in teaching and administration, with experience in each such category. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. He or she shall be paid a salary as determined by the General Assembly in the annual appropriations act.

(b) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of his or her successor, the Governor may appoint the Deputy Secretary or an Associate Secretary of Education to serve as Acting Secretary. The Secretary may, during his absence from the State, appoint the Deputy Secretary or an Associate Secretary to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during his or her absence or incapacity or until his or her successor is duly qualified and appointed."

Section 3. Until further legislative action, the Secretary of Education shall exercise all duties and powers vested in the former position of Superintendent of Public Instruction, and the Deputy or Associate Superintendents of Public Instruction may be appointed as Acting Secretary pursuant to subsection (b) of § 107 of Title 14 as amended by Section 2 hereof.

Approved February 11, 1997