South Carolina § 59-3-10 - Appointment, compensation, and qualifications of State Superintendent of Education.

§ 59-3-10. Appointment, compensation, and qualifications of State Superintendent of Education.

Section effective until approval and ratification of an amendment to Section 7, Article VI of the South Carolina Constitution. The referendum to amend Section 7, Article VI failed on November 6, 2018. See Editor's Note.

The State Superintendent of Education shall be elected at each general election in the same manner as other State officers and shall enter upon the duties of his office at the time prescribed by law. Before entering upon the duties of his office he shall give bond for the use of the State in the penal sum of five thousand dollars, with good and sufficient sureties, to be approved by the Governor, conditioned for the faithful and impartial performance of the duties of his office, and he shall also, at the time of giving bond, take and subscribe the oath prescribed in Section 26 of Article III of the Constitution of the State, which shall be endorsed upon the back of the bond. The bond shall be filed with the Secretary of State, and by him recorded and, when so recorded, shall be filed with the State Treasurer. The Superintendent of Education shall receive as compensation for his services such sum as the General Assembly shall by law provide, payable monthly out of the State Treasury, and his traveling expenses, not exceeding three hundred dollars, shall be paid out of the State Treasury upon duly itemized accounts rendered by him.

Text of Section through (A) effective upon approval and ratification of an amendment to Section 7, Article VI of the South Carolina Constitution. The referendum to amend Section 7, Article VI failed on November 6, 2018. See Editor's Note.

(A) The State Superintendent of Education must be appointed by the Governor, with the advice and consent of the Senate. The superintendent shall serve at the pleasure of the Governor and must receive such compensation as may be established under the provision of Section 8-11-160. A vacancy in the office of superintendent must be filled as provided in Section 1-30-10(B)(1)(iv) and in Section 1-3-210, as applicable.

(B) The Superintendent of Education must possess:

(1) the minimum of a master's degree and substantive and broad-based experience in the field of public education including, but not limited to, service as a classroom teacher, principal, other school or school district administrator, school district superintendent, or other education policy making body at either the state or local level or any combination of them; or

(2) the minimum of a master's degree and substantive and broad-based experience in operational and financial management in any field of expertise including, but not limited to, finance, economics, accounting, law, or business.

Text of (C) effective upon approval and ratification of an amendment to Section 7, Article VI of the South Carolina Constitution. The referendum to amend Section 7, Article VI failed on November 6, 2018. See Editor's Note.

(C) Any judicial action challenging the qualifications of a candidate or appointee, as appropriate, must be brought in circuit court within thirty days of the close of candidate filing or appointment for Superintendent of Education.

HISTORY: 1962 Code SECTION 21-21; 1952 Code SECTION 21-21; 1942 Code SECTION 5272; 1932 Code SECTION 5272; Civ. C. '22 SECTION 2532; Civ. C. '12 SECTION 1698; Civ. C. '02 SECTION 1174; 1896 (22) 150; 1901 (23) 750; 1919 (31) 4; 1924 (33) 1182; 1948 (45) 1716; 1969 (56) 444; 1973 (58) 623; 2018 Act No. 178 (S.27), SECTION 1, eff May 15, 2018 and eff upon contingency.

Editor's Note

2018 Act No. 178, SECTIONS 4 and 6, provide as follows:

"SECTION 4. The person elected State Superintendent of Education in the 2018 General Election shall serve out his term; however, if the person vacates that office before the term expires in January 2023, any successors must: (1) be appointed as provided in Section 1-30-10(B)(1)(iv); and (2) must satisfy the experience requirements of Section 59-3-10(B)."

"SECTION 6. The provisions of Section 59-3-10(B), as contained in SECTION 1, take effect upon approval by the Governor. The remaining provisions of this act take effect upon approval and ratification of an amendment to Section 7, Article VI of the South Carolina Constitution, 1895, providing for the appointment of the State Superintendent of Education by the Governor, with the advice and consent of the Senate, and are applicable beginning with the 2018 General Election."

The referendum to amend Article VI, Section 7 failed on November 6, 2018.

Effect of Amendment

2018 Act No. 178, SECTION 1, rewrote the section.