Delaware Code
Subchapter I. Composition, Organization and Administration
§ 102. Secretary; Deputy, Associate and Assistant Secretaries; Acting Secretary; appointment.

(a) The administrator and head of the Department shall be the Secretary of Education, who shall be a graduate of an accredited college and shall have not less than 5 years' experience in teaching and administration, with experience in each such category. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Secretary shall be paid a salary as determined by the General Assembly in the annual Appropriations Act. The Secretary of Education shall become a bona fide resident of the State within 6 months after the Secretary's appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of Deputy, Associate, or Assistant Secretaries of Education as are vacant. Persons so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, such persons may be removed by the Secretary with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of the Secretary's successor, the Governor may appoint the Deputy Secretary or an Associate Secretary of Education to serve as Acting Secretary. The Secretary may, during the Secretary's absence from the State, appoint the Deputy Secretary or an Associate Secretary to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during the Secretary's absence or incapacity or until the Secretary's successor is duly qualified and appointed.

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