MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education; Ways and Means

By: Representative Guice

AN ACT TO CREATE A NEW CODE SECTION MANDATING THE COUNTYWIDE CONSOLIDATION OF ALL SCHOOL DISTRICTS IN COUNTIES HAVING MORE THAN THREE SCHOOL DISTRICTS AND A POPULATION EXCEEDING 50,000; TO REQUIRE THE ELECTION OF COUNTY BOARDS OF EDUCATION AND COUNTY SUPERINTENDENTS OF EDUCATION IN THOSE COUNTIES; TO PRESCRIBE THE MANNER OF ESTABLISHING TEACHER CONTRACTS AND PREPARING A BUDGET FOR THE FIRST SCHOOL YEAR FOLLOWING THE CREATION OF THE COUNTYWIDE SCHOOL DISTRICTS; TO CREATE A NEW CODE SECTION AUTHORIZING THE VOLUNTARY COUNTYWIDE CONSOLIDATION OF ALL SCHOOL DISTRICTS IN ALL OTHER COUNTIES; AND FOR RELATED PURPOSES. 

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

SECTION 1. The following provision shall be codified as a separate Code section in Chapter 7, Title 37, Mississippi Code of 1972:

(1) Notwithstanding any other provision of this chapter, in any county having more than three (3) school districts situated entirely or partially within the boundaries of that county on the effective date of House Bill No. ____, 1997 Regular Session, and a population of more than fifty thousand (50,000) according to the latest federal decennial census, all school districts existing on the effective date of House Bill No. ____, 1997 Regular Session, shall consolidate into one (1) school district, which shall have the same boundaries as that of the county. The affected school boards shall adopt the new district lines by order and immediately proceed to take all actions necessary to create one (1) school district within the county. Subject to preclearance of the new school district boundaries by the United States Department of Justice or approval by 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, the new countywide school districts shall become effective on July 1, 1998.

(2) When the order of each school board adopting the new district lines has been entered and is final, all orders shall be submitted to the State Board of Education. The State Board of Education shall submit the new district lines to the Attorney General of the United States for preclearance or to the United States District Court for the District of Columbia for a declaratory judgment in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended. If the new countywide school district lines are either precleared by the United States Department of Justice or approved by the United States District Court, the State Board of Education shall formally declare the new lines to be the new boundaries of the school districts.

(3) Upon preclearance of the consolidation, all school boards shall approve a joint resolution providing for the election of five (5) county board of education members from single-member election districts, which shall have the same boundaries as each supervisors district of the county. Each member so elected shall be a resident and a qualified elector of the district from which he is elected. Any school board member from a consolidating school district shall be eligible to run for office so long as that person meets all other eligibility requirements for office. The initial elections shall be scheduled before May 1, 1998, and shall be held in the manner provided for in Sections 37-7-225 through 37-7-229. All subsequent elections of the county boards of education shall be at the regular general election for county officers held on the first Monday in November and shall be held in the manner provided for in Sections 37-5-7 through 37-5-19. After the expiration of the initial terms of office, all members of the county boards of education shall take office on the first Monday of January following the date of their election. The order required under subsection (1) of this section shall invalidate the term of all school board members, whether elected or appointed, from and after July 1, 1998.

(4) At the same time the county boards of education are elected pursuant to subsection (3) of this section, a county superintendent of education shall be elected in those counties in which the school districts are consolidated under this section. All subsequent elections of the county superintendents of education shall be held at the same time and in the same manner as the regular general election for other county officers. The initial term of the county superintendent of education shall begin on July 1, 1998. Thereafter, the term of office shall be for four (4) years. The order required under subsection (1) of this section shall invalidate the contracts of all superintendents of the consolidating school districts and shall terminate the term of any superintendent who was elected.

(5) Each county board of education established pursuant to this section shall be responsible for establishing the contracts for teachers and principals for the 1998-1999 school year, with the consultation of the preceding school boards if the teachers and principals have been selected before July 1, 1998. The county board of education shall enter into the contracts as soon as is practicable following their election, and in no event shall such contracts be entered into later than August 1, 1998. Further, it shall be the responsibility of the county board of education to prepare and approve the budget for the new countywide school district. The county board of education may use staff from the consolidating school districts to prepare the budget. The county board of education shall have authority to approve the budget before the July 1 date and shall follow the time line established for budget preparation under the law. Should any school district at the time of consolidation have more liabilities than assets, then the county board of education may request the levy of an ad valorem tax upon the taxable property in the territory of the countywide school district where the deficit exists, not to exceed five percent (5%) of the existing tax levy, for the sole purpose of reducing the deficit. When the deficit is eliminated, then such tax levy shall be terminated. Any taxes levied to bring about the equalization of funding, to equalize pay scales, or levied in the territory of a newly created district where a deficit exists shall constitute a "new program" for the purposes of ad valorem tax limitations as prescribed in Sections 27-39-321 and 37-57-107.

SECTION 2. The following provision shall be codified as a separate Code section in Chapter 7, Title 37, Mississippi Code of 1972:

Notwithstanding any other provision of this chapter, in any county having three (3) or less school districts situated entirely or partially within the boundaries of that county on the effective date of House Bill No. ____, 1997 Regular Session, and a population equal to or less than fifty thousand (50,000) according to the latest federal decennial census, all school districts existing on the effective date of House Bill No. ____, 1997 Regular Session, may consolidate, on their own initiative, into one (1) school district which shall have the same boundaries as that of the county. The school boards of such school districts shall adopt the new district lines by order and shall proceed in the manner provided in Section 1 of House Bill No. ____, 1997 Regular Session, to take all actions necessary to create one (1) school district within the county.

SECTION 3. The Attorney General of the State of Mississippi is directed to 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 4. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.