BLAIR LEE III, Acting Governor

65

(IV)   INCOMPETENCY; OR

(V)   WILLFUL NEGLECT OF DUTY.

(2)    BEFORE REMOVING THE STATE SUPERINTENDENT,
THE STATE BOARD SHALL SEND THE SUPERINTENDENT A COPY OF THE
CHARGES AGAINST HIM AND GIVE HIM AN OPPORTUNITY WITHIN 10
DAYS TO REQUEST A HEARING.

(3)    IF THE STATE SUPERINTENDENT REQUESTS A
HEARING WITHIN THE 10-DAY PERIOD:

(I)    THE STATE BOARD PROMPTLY SHALL HOLD A
HEARING, BUT A HEARING MAY NOT BE SET WITHIN 10 DAYS AFTER
THE STATE BOARD SENDS THE STATE SUPERINTENDENT A NOTICE OF
THE HEARING; AND

(II)   THE STATE SUPERINTENDENT SHALL HAVE AN
OPPORTUNITY TO BE HEARD PUBLICLY BEFORE THE STATE BOARD IN
HIS OWN DEFENSE, IN PERSON OR BY COUNSEL.

(E) VACANCY.

THE STATE BOARD SHALL APPOINT A NEW STATE

SUPERINTENDENT TO FILL A VACANCY IN THAT OFFICE FOR THE
REMAINDER OF THE UNEXPIRED TERM.

REVISOR'S NOTE: This section presently appears as Art.
77, §23.

In subsection (c) (2) and (3) of this section, the
word "accredited" is substituted for the word
"standard" as the former is the more modern and
correct usage.

Subsection (d) of this section is rewritten for
clarity. In this regard see the revisor's note
to §2-203 of this title.

The only changes are in style.

The terms "State Board", "State Superintendent",
and "Department" are defined in §1—101 of this
article.

2-303. POWERS AND DUTIES OF STATE SUPERINTENDENT.

(A) IN GENERAL.

IN ADDITION TO THE OTHER POWERS GRANTED AND DUTIES
IMPOSED UNDER THIS ARTICLE, THE STATE SUPERINTENDENT HAS THE
POWERS AND DUTIES SET FORTH IN THIS SECTION.

REVISOR'S NOTE: This subsection. is new language added
as the introductory language to the remainder of
this section and to indicate clearly that the
powers and duties incorporated in this section
are not exclusive.