County boards must fill superintendent vacancies, announce a posting/selection process, and post detailed vacancy notices on time; interim appointments are allowed, and late or willful notice violations can void related employment actions.
(a) A vacancy in the position of county superintendent shall be filled by the county board of education within 180 days after such a vacancy occurs. Within 90 days after the occurrence of a vacancy, the county board of education shall announce, in a regularly or specially called meeting, a proposed process and time-line for posting and selecting a superintendent. (b) In the event such vacancy is not filled by the county board of education within 180 days, the state superintendent shall withhold state warrants until the vacancy is filled unless the board, to the satisfaction of the state superintendent, exhibits good faith and reasonable effort in progress toward selecting a superintendent. (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. Whenever a vacancy occurs in the position of an appointed county superintendent of education, the county board of education may appoint an interim superintendent to serve for up to 180 days. The interim superintendent shall satisfy the minimum qualifications required for service as a county superintendent of education. The county board of education, pertaining only to the interim superintendent’s position, shall not be required to post the position. The adoption of additional policies shall comply with the requirements and procedures of Section 16-1-30. (e) Substantive, willful violation of the notice requirements of this section shall void any related employment action taken by the board.