§ 481. Superintendent; election and term.-The office of state superintendent of public instruction is continued. The term of office shall be six years, commencing on the first day of July. A superintendent shall be elected by a viva voce vote of the senate and assembly on the second Wednesday of February next preceding the expiration of a term. [Con. School Law, tit. I, § 2, rewritten and changed so that the term of office of the superintendent shall commence on the first day of July instead of on the seventh day of April, as by present law. (Page 5, § 2.)] § 482. Deputy superintendents.-The superintendent may ap point a deputy to be known as the first deputy superintendent, who shall perform such duties as may be required of him by the superintendent. In case of a vacancy in the office of superintendent, the first deputy upon qualifying therefor shall become and be the superintendent for the remainder of the term. The superintendent may also appoint his chief clerk as second deputy superintendent, who shall perform such duties as second deputy as may be required of him by the superintendent. A chief clerk so appointed second deputy shall not receive any additional compensation by reason of such appointment. [Con. School Law, tit. I, § 3 and L. 1895, ch. 768 consolidated and changed so that upon a vacancy occurring in the office of superintendent the first deputy superintendent becomes the superintendent for the balance of the unexpired term. (Pages 56, 152, §§ 3, 1.)] § 483. Clerks and employes.-The superintendent may appoint as many clerks and employes as he deems necessary and fix their compensation, which shall be paid monthly by the state treasurer on the warrant of the comptroller, and shall not exceed in the aggregate the sum annually appropriated for that purpose by the legislature. [Con. School Law, tit. I, § 4, rewritten. (Page 6, § 4.)] § 484. Official seal.-The seal of the superintendent in use when this chapter takes effect shall continue to be his official seal. It may be renewed whenever necessary. [Con. School Law, tit. I, first sentence of § 5, rewritten. (Page 6, § 5.)] § 485. Copies of papers evidence.- Copies of all papers de posited or filed in the office of the superintendent and of orders and decisions made by him, and of the drafts or machine copies of his original letters, may be authenticated under his official seal, and when so authenticated, shall be evidence the same as the original. [Con. School Law, tit. I, last sentence of § 5, rewritten. (Page 6, § 5.)] § 486. General powers and duties of superintendent.-The state superintendent may: 1. Visit and inspect all schools under the supervision of the department of public instruction, and shall inquire into their course of instruction, their management and discipline, advise and encourage the pupils, teachers and officers thereof, and make such recommendations from time to time, concerning the common schools and the administration of their affairs as in his judg ment may be necessary or proper. He also has supervision of other schools and institutions as prescribed in this chapter. 2. He shall also prepare suitable registers, blanks, forms and regulations for making all reports and conducting all necessary business under this chapter, and shall cause the same, with such information and instructions as he shall deem conducive to the proper organization and government of the common schools and the due performance of their duties by school officers, to be transmitted to the officers and persons intrusted with the execution of the same; and also 3. Prepare and keep in his office alphabetical lists of all persons who have received or shall receive certificates of qualifications from himself, or from a college or university under this chapter, or diplomas of the state normal schools, with the dates thereof. [Con. School Law, tit. I, §§ 8, 12 and 14, rewritten and consolidated. (Pages 7, 8, §§ 8, 12, 14.)] § 487. Annual report. The superintendent shall make to the legislature an annual report containing: 1. A statement of the condition of the common schools and of all other schools and institutions under his supervision and subject to his visitation; 2. Estimates and accounts of expenditures of the school moneys, and a statement of the apportionment of school moneys made by him. 3. All such matters relating to his office, and all such plans and suggestions for the improvement of the schools and the advancement of public instruction in the state, as he shall deem expedient. 4. A statement of all trust funds or other property given or held for the benefit of the common schools of the state. [Con. School Law, tits. I, II, §§ 9, 24. (Pages 7, 17, §§ 9, 24, rewritten and consolidated.)] § 488. Removal by superintendent.-The superintendent may for cause remove from office a school commissioner or other local school officer who is guilty of: 1. Wilful violation or neglect of official duty. 2. Wilful disobedience of any decision, order or rule of the superintendent. Such removal shall be by an order under the hand and seal of the superintendent, and recorded in his office. Con. School Law, tit. I, § 13, rewritten. (Page 8, § 13.)] § 489. Appeal to superintendent.-An appeal may be taken to the superintendent of public instruction from an order, rule, deci sion, resolution, act, or neglect or refusal to act, relating to common schools, of: 1. School authorities. 2. A school officer. 3. A district meeting. [Con. School Law, tit. XIV, § 1 rewritten. (Page 96, § 1.)] § 490. Who may appeal.-An appeal may be taken under the last section by any person feeling himself aggrieved, and who has an interest in the subject of the appeal. [Con. School Law, tit. XIV, § 1 rewritten. (Page 96, § 1.)] § 491. Time for appeal.-An appeal must be taken within thirty days after the right to an appeal accrues. The right to appeal is deemed to have accrued when the appellant acquires knowledge of the rule, order, decision, resolution, act or neglect or refusal to act, which is made the subject of the appeal. [New.] § 492. Notice of appeal.-The notice of appeal must be addressed to the superintendent, and together with all papers relative to the appeal, must be served upon him, and also upon the board or officer whose act is the subject of the appeal; or if the appeal is from the action of a district meeting, upon the trustee or clerk; except that if an appeal is taken by a district officer, the notice of appeal must be served upon such other officer or representative of the district as the superintendent may direct. [New.] 493. Powers of superintendent.-The superintendent may: 1. Regulate the practice on appeals. 2. Determine whether an appeal shall stay proceedings, and prescribe the conditions upon which a stay shall be granted. 3. Decline to entertain an appeal, or dismiss it, if the appellant fails to comply with the rules of practice. 4. Make all orders, by directing the levying of taxes or otherwise, which may be proper or necessary to give effect to his decision. If an order or decision directs the payment of money by a district, the superintendent may deduct the amount therefor from the next apportionment to such district, and such amount shall be paid on his warrant by the state treasurer, or from any moneys in the hands of the county treasurer and withheld by the order of the superintendent. [Con. School Law, tit. XIV, § 2, rewritten. (Page 96, § 2.)] § 494. Hearing and decision of appeal.-The superintendent shall examine and decide the appeal. He may review and consider any matter relating to the subject of appeal, and may af firm, reverse or modify any order, rule or decision involved therein. His decision is final and conclusive, and is not subject to question or review in any place or court whatever. [Con. School Law, tit. XIV, §1, rewritten. (Page 96, § 1.)] |