MARVIN MANDEL, Governor

1399

USE REQUIRES OTHERWISE.

[[(B) "COMMISSIONER" AND "STATE SUPERINTENDENT OF
SCHOOLS" MEAN THE COMMISSIONER OF ELEMENTARY AND
SECONDARY EDUCATION.]]

(B)          "STATE SUPERINTENDENT" MEANS THE STATE

SUPERINTENDENT OF SCHOOLS.

(C)          "ELEMENTARY AND SECONDARY EDUCATION" MEANS
EDUCATION AND PROGRAMS OF EDUCATION FROM AND INCLUDING
PRE-SCHOOL THROUGH THE END OF HIGH SCHOOL AND THEIR
EQUIVALENT.

(D)       "PUBLIC SCHOOL SYSTEM" MEANS THE PUBLIC SYSTEM
OF ELEMENTARY AND SECONDARY EDUCATION.

(E)          "STATE BOARD" AND "STATE BOARD OF EDUCATION"
MEAN THE STATE BOARD OF [[ELEMENTARY AND SECONDARY]]
EDUCATION.

2.

(A)            THE STATE DEPARTMENT OF [[ELEMENTARY AND
SECONDARY]] EDUCATION IS CREATED AND CONTINUED AS A
PRINCIPAL DEPARTMENT OF THE STATE GOVERNMENT.

(B)         THE HEAD OF THE DEPARTMENT IS THE STATE BOARD
OF [[ELEMENTARY AND SECONDARY]] EDUCATION.

(C)       MATTERS OF ELEMENTARY AND SECONDARY EDUCATION
AFFECTING THE STATE AND THE GENERAL CARE AND SUPERVISION
OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION ARE
ENTRUSTED TO THE DEPARTMENT.

3.

(A)       THE STATE BOARD OF [[ELEMENTARY AND SECONDARY]]
EDUCATION CONSISTS OF [[ELEVEN]] NINE PERSONS APPOINTED
BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE
SENATE.         IN MAKING HIS APPOINTMENTS, THE GOVERNOR SHALL
GIVE DUE CONSIDERATION TO APPROPRIATE REPRESENTATION FROM
ALL PARTS OF THE STATE GEOGRAPHICALLY, AND FROM AREAS OF
THE STATE WITH CONCENTRATIONS OF POPULATION[[,] ] OR
UNIQUE NEEDS.

(B)       THE MEMBERS SHALL BE APPOINTED FROM THE GENERAL
PUBLIC. A PERSON WHO IS IN ANY WAY SUBJECT TO THE
AUTHORITY OF THE BOARD MAY NOT BE APPOINTED TO IT. NOR
MAY THE GOVERNOR OR THE [[COMMISSIONER OF ELEMENTARY AND
SECONDARY EDUCATION]] STATE SUPERINTENDENT OF SCHOOLS BE
APPOINTED TO THE BOARD.

(C)       BOARD MEMBERS SERVE FOR A TERM OF FIVE YEARS
AND UNTIL THEIR SUCCESSORS QUALIFY, AND THEY ARE ELIGIBLE
FOR REAPPOINTMENT.         HOWEVER, A PERSON MAY NOT SERVE FOR
MORE THAN TWO FULL FIVE YEAR TERMS. THE SEVEN INCUMBENT
MEMBERS OF THE STATE BOARD OF EDUCATION AS OF JUNE 30,