MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education; Apportionment and Elections

By: Representative Denny

AN ACT TO AMEND SECTION 37-9-13, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF ALL SUPERINTENDENTS OF SCHOOLS FROM AND AFTER JANUARY 1, 2001; TO AMEND SECTION 37-9-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTION 37-9-12, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR A REFERENDUM ON THE QUESTION OF RETAINING THE ELECTIVE METHOD OF CHOOSING THE COUNTY SUPERINTENDENT OF EDUCATION; TO REPEAL FROM AND AFTER JANUARY 1, 1997, SECTIONS 37-5-61 THROUGH 37-5-75, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ELECTION OF COUNTY SUPERINTENDENTS OF EDUCATION; TO AMEND SECTION 23-15-297, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-9-13, Mississippi Code of 1972, is amended as follows:

[Until January 1, 2001, Section 37-9-13 will read as follows:]

37-9-13. (1) Each school district shall have a superintendent of schools, selected in the manner provided by law. No person shall be eligible to the office of superintendent of schools unless that person shall hold a valid Class AA administrator's certificate issued by the State Department of Education and shall have had not less than four (4) years of classroom or administrative experience.

(2) No person shall be eligible to hold the office of administrative superintendent unless he shall have the same qualifications as prescribed for superintendents in subsection (1) of this section.

(3) The provisions of subsection (1) of this section shall not apply to * * * superintendents of schools elected in 1987 before the expiration of the term for which they were elected * * *, which term would expire in 1992. * * *

(4) No person who is serving as an administrative superintendent of education on August 3, 1988, shall be ineligible for the office of administrative superintendent because of lack of the qualifications prescribed by this section.

[From and after January 1, 2001, Section 37-9-13 will read as follows:]

37-9-13. (1) On or before January 15 of each year, the school board in all public school districts shall appoint the superintendent of schools of the district, except in those cases where the superintendent previously has been selected and has a contract which is valid for the ensuing scholastic year.

(2) No person shall be eligible to * * * the office of * * * superintendent of schools unless that person holds a valid Class AA administrator's certificate issued by the State Department of Education and has not less than four (4) years of classroom or administrative experience.

SECTION 2. Section 37-9-25, Mississippi Code of 1972, is amended as follows:

[Until January 1, 2001, Section 37-9-25 will read as follows:]

37-9-25. The school board shall have the power and authority, in its discretion, to employ the superintendent, unless the superintendent is elected, for not exceeding four (4) scholastic years and the principals or certificated employees for not exceeding three (3) scholastic years. In such case, contracts shall be entered into with the superintendents, principals and certificated employees for the number of years for which they have been employed. All such contracts with certificated employees, * * * for the years after the first year thereof, shall be subject to the contingency that the certificated employee may be released if, during the life of the contract, the average daily attendance should decrease from that existing during the previous year and thus necessitate a reduction in the number of certificated employees during any year after the first year of the contract. However, in all such cases, the certificated employee must be released before July 1 or at least thirty (30) days before the beginning of the school term, whichever date * * * occurs earlier. The salary to be paid for the years after the first year of the contract shall be subject to revision, either upward or downward, in the event of an increase or decrease in the funds available for the payment thereof, but, unless the salary is revised before the beginning of a school year, it shall remain for that school year at the amount fixed in the contract. However, where school district funds, other than minimum education program funds, are available during the school year in excess of the amount anticipated at the beginning of the school year, the salary to be paid for that year may be increased to the extent that the additional funds are available, and nothing herein shall be construed to prohibit same.

[From and after January 1, 2001, Section 37-9-25 will read as follows:]

37-9-25. The school board, * * * in its discretion, may employ the superintendent * * * for a term not exceeding four (4) scholastic years and the principals or certificated employees for a term not exceeding three (3) scholastic years.  * * * Contracts shall be entered into with the superintendents, principals and certificated employees for the number of years for which they have been employed. All * * * contracts with certificated employees, * * * for the years after the first year thereof, shall be subject to the contingency that the certificated employee may be released if, during the life of the contract, the average daily attendance should decrease from that existing during the previous year and thus necessitate a reduction in the number of certificated employees during any year after the first year of the contract. However, in all such cases, the certificated employee must be released before July 1 or at least thirty (30) days before the beginning of the school term, whichever date * * * occurs earlier. The salary to be paid for the years after the first year of the contract shall be subject to revision, either upward or downward, in the event of an increase or decrease in the funds available for the payment thereof, but, unless the salary is revised before the beginning of a school year, it shall remain for that school year at the amount fixed in the contract. However, where school district funds, other than minimum education program funds, are available during the school year in excess of the amount anticipated at the beginning of the school year, the salary to be paid for that year may be increased to the extent that the additional funds are available, and nothing herein shall be construed to prohibit same.

SECTION 3. Section 37-9-12, Mississippi Code of 1972, which provides for a referendum on the question of retaining the elective method of choosing the county superintendent of education, is repealed.

SECTION 4. Sections 37-5-61, 37-5-63, 37-5-65, 37-5-67, 37-5-69, 37-5-71 and 37-5-75, Mississippi Code of 1972, which provide for the election of county superintendents of education, are repealed.

SECTION 5. Section 23-15-297, Mississippi Code of 1972, is amended as follows:

23-15-297. All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election the following amounts:

(a) Candidates for Governor not to exceed Three Hundred Dollars ($300.00).

(b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, not to exceed Two Hundred Dollars ($200.00).

(c) Candidates for district attorney, not to exceed One Hundred Dollars ($100.00).

(d) Candidates for State Senator, State Representative, sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney * * * and board of supervisors, not to exceed Fifteen Dollars ($15.00).

(e) Candidates for county surveyor, county coroner, justice court judge and constable, not to exceed Ten Dollars ($10.00).

(f) Candidates for United States Senator, not to exceed Three Hundred Dollars ($300.00).

(g) Candidates for United States Representative, not to exceed Two Hundred Dollars ($200.00).

SECTION 6. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 7. This act shall take effect and be in force from and after January 1, 1998, or the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, whichever is later.