§ 25-43-503 — Secretary of the Department of Education

(a) The executive head of the Department of Education shall be the Secretary of the Department of Education. (b) The secretary shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. (c) Each division of the department shall be under the direction, control, and supervision of the secretary. (d) (1) The secretary may delegate his or her functions, powers, and duties to various divisions or employees of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department. (2) (A) The secretary may appoint a designee to appear on behalf of the secretary at a meeting of a board or commission of which the secretary is a member in his or her official capacity as secretary. (B) The designee of the secretary may vote on behalf of the secretary. (e) The secretary may, unless otherwise provided by law: (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position. (f) (1) By November 1 of each odd-numbered year, the secretary shall provide an oral report to the Legislative Council on the state of the department. (2) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the secretary of the date on which the secretary is to appear before the Legislative Council to make his or her report as required in this subsection. (g) The appropriation for the salary of the secretary shall be the sole and exclusive authority for his or her salary. (h) The secretary shall: (1) Devote all of his or her working time exclusively to the performance of his or her duties as secretary; (2) Not accept any additional salary from any other source, including without limitation a state, federal, or private entity or person, for the performance of his or her duties as secretary; and (3) Not accept any salary, fees, or compensation from any other source, including without limitation a state, federal, or private entity or person, for any other employment of any kind outside the scope of his or her duties as secretary, including without limitation consulting work for any other public or private entity. (i) This section does not prohibit the secretary from accepting or receiving expense reimbursements and employee benefits as provided under state law.

Legislative History

Amended by Act 2023, No. 871,§ 26, eff. 7/1/2023. Amended by Act 2021, No. 413,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 321,§ 2, eff. 7/28/2021. Added by Act 2019, No. 910,§ 1030, eff. 7/1/2019.