Q Is the step-aside provision of Section 37-9-17and the procedure thereunder available for the school board to hire, as a substitute teacher, the daughter of the newly-elected superintendent if the daughter was not employed by the school district prior to the superintendentís election?

A No. The employment of any non-instructional employee under the ďstep-asideĒ provisions in Section 37-9-17 is subject to the conditions that (1) the non-instructional employee be employed by the district at the time the superintendent was elected or appointed to the office, and (2) the restriction on the amount of compensation specified in that Section. (Attorney Generalís Opinion to Nettles, dated February 24, 2012)