MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education

By: Senator(s) Ferris, Carter

Senate Bill 2401

(As Passed the Senate)

AN ACT TO AMEND SECTION 37-7-103, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ANNEXATION TO A MUNICIPALITY OF TERRITORY IN AN ADJACENT SCHOOL DISTRICT AND TO PROVIDE FOR AND EMPOWER A BOARD OF ARBITRATION IN THE EVENT AN AGREEMENT CANNOT BE REACHED BETWEEN THE SCHOOL DISTRICTS INVOLVED AS TO THE DISPOSITION OF SCHOOL FACILITIES, STUDENTS, REVENUES AND INDEBTEDNESS; TO REQUIRE CONSENT OF THE COUNTY OR CONSOLIDATED SCHOOL BOARD IN THE EVENT ANY ANNEXATION CROSSES COUNTY LINES; TO PROVIDE FOR JUDICIAL REVIEW OF ANY DECISION OF A SCHOOL BOARD OF ARBITRATION ESTABLISHED UNDER THIS ACT; TO CODIFY SECTION 37-7-104, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHENEVER ANY ANNEXATION BECOMES EFFECTIVE SUBSEQUENT TO FEBRUARY 1 OF ANY FISCAL YEAR, THE ANNEXED TERRITORY SHALL REMAIN UNDER THE JURISDICTION OF ITS FORMER SCHOOL DISTRICT UNTIL THE END OF THE FISCAL YEAR, WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 37-7-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS SHALL BE ELECTED FROM SPECIAL TRUSTEE ELECTION DISTRICTS BY THE QUALIFIED ELECTORS OF SUCH DISTRICT; TO PROVIDE THAT SUCH ELECTION SHALL BE HELD IN A STAGGERED TERM BASIS IN THE SAME MANNER AS ELECTIONS ARE HELD FOR COUNTY SCHOOL BOARD MEMBERS; TO AMEND SECTION 37-7-703, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS SHALL BE ELECTED IN THE SAME MANNER AS TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS; TO REPEAL SECTIONS 37-7-705 THROUGH 37-7-717, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR SELECTING TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS; TO REPEAL SECTIONS 37-7-209 THROUGH 37-7-219, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR ELECTING TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS FROM ADDED TERRITORY; 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, 2000; 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 SECTIONS 37-5-61 THROUGH 37-5-71, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ELECTION OF COUNTY SUPERINTENDENTS OF EDUCATION; TO AMEND SECTION 21-1-27, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN ELECTION ON THE QUESTION OF MUNICIPAL ANNEXATION IN THE TERRITORY PROPOSED TO BE ANNEXED IN CERTAIN MUNICIPALITIES; TO AMEND SECTION 21-1-29, MISSISSIPPI CODE OF 1972, TO REMOVE SUCH MUNICIPAL ANNEXATION MATTERS FROM CHANCERY COURT PROCEEDINGS; AND FOR RELATED PURPOSES. 

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

 

SECTION 1. Section 37-7-103, Mississippi Code of 1972, is amended as follows:

37-7-103. (1) From and after July 1, 1987, the school board of any school district shall have full jurisdiction, power and authority, at any regular meeting thereof or at any special meeting called for that purpose, to abolish such existing district, or to reorganize, change or alter the boundaries of any such district. In addition thereto, with the consent of the school board of the district involved, the school board may add to such school district any part of the school district adjoining same, and with the consent of the school board of the school district involved, may detach territory from such school district and annex same to an adjoining district, subject to the provisions of subsections (2) and (3).

(2) When any part of the territory embracing a school under the supervision and control of a county board of education or a board of trustees of a consolidated or line consolidated school district is annexed to a municipality having a municipal separate school district by extension of the corporate limits of such municipality, and such annexation does not extend across county lines, the county board of education or board of trustees of the consolidated or line consolidated school district, as the case may be, shall retain supervision and control of said school and for school purposes shall retain the same control of the territory and revenues which it exercised prior to such annexation, until an agreement has been made between such school board and the board of trustees of the municipal separate school district of the municipality to which the territory was annexed, with reference to the matter of existing indebtedness and of providing the same or equivalent school facilities and equitable educational opportunities for the children in that part of the territory in the school district or districts not annexed or made part of such municipality, subject to the provisions of Section 21-1-27(2) for municipalities with a population in excess of two hundred thousand (200,000). If an agreement is not reached within thirty (30) days after the annexation, it shall then be mandatory to refer the final disposition of the matter to arbitration by a board consisting of three (3) members, one (1) member to be selected by the county board of education or board of trustees of the consolidated or line consolidated school district, as the case may be, one (1) member to be selected by the board of trustees of the municipal separate school district and the third member to be selected by the State Board of Education. The board of arbitration shall secure all facts available relative to the matter, hold a public hearing for the purpose of giving an opportunity for every contention to be presented by both evidence and argument and determine all matters relative to the transfer of the control, existing indebtedness and use of such school, said determination to be made within one (1) year of the date of appointment of the board of arbitration. The findings of a majority of said board of arbitration shall be binding on all concerned, subject to preclearance under Section 5 of the Voting Rights Act of 1965, as amended and extended.

(3) In the event that a municipal annexation extends across county lines, any part of an existing school district located in an adjacent county which is included within the corporate limits of the municipality by reason of the annexation shall not thereby automatically be merged with such municipal separate school district, and the county board of education or board of trustees of the consolidated or line consolidated school district, as the case may be, shall retain control of the territory and revenues for school purposes which it exercised prior to such annexation, until such time as the school board, in its discretion, consents to the detachment of the territory involved. This subsection (3) shall be applicable to any annexation case pending or on appeal to the courts on the date of enactment of this section.

(4) Any person aggrieved by a final decision of a board of arbitration under subsection (2) is entitled to judicial review thereof, as hereinafter provided. An appeal may be taken by such person to the chancery court of the judicial district in which the school district(s) is located, by filing a petition with the clerk of that court and executing and filing bond payable to the school board with sufficient sureties, in the penalty of not less than Two Hundred Dollars ($200.00), conditioned upon the payment of all of the costs of appeal within twenty (20) days of the receipt of the final decision of the board of arbitration. The scope of review of the chancery court in such cases shall be limited to a review of the record made before the board of arbitration to determine if the action of the board is unlawful for the reason that it was:

(a) Not supported by any substantial evidence;

(b) Arbitrary or capricious; or

(c) In violation of some statutory or constitutional right.

No relief shall be granted based upon a court's finding of harmless error by the board in complying with the procedural requirements of subsection (2) of this section. However, in the event that there is a finding of prejudicial error in the proceedings, the cause shall be remanded for a rehearing consistent with the findings of the court. Any party aggrieved by action of the chancery court may appeal to the Supreme Court in the manner provided by law.

SECTION 2. The following provision shall be codified as Section 37-7-104, Mississippi Code of 1972:

37-7-104. Whenever any annexation taking a part of or all of an adjacent school district becomes effective subsequent to February 1 of any fiscal year of said school district, whether by mutual decision of the school districts involved or by the decision of a board of arbitration under Section 37-7-103(2), that portion of the existing school district which is annexed shall remain under the jurisdiction of said existing school district for the remainder of such fiscal year for school purposes only, and it shall be the duty of such existing school district to continue to provide for the education and transportation for the balance of such fiscal year of the pupils residing in that annexed territory, all just as though the annexation had not become effective until the last day of the fiscal year of the school districts involved. Provided, however, that when all school buildings of any such school district shall be included within the territory of such adjacent school district by reason of such annexation, then the whole of such school district shall immediately be added to and become a part of the annexing school district.

SECTION 3. Section 37-9-105, Mississippi Code of 1972, is amended as follows:

37-9-105. In the event that a determination is made by a school district not to offer an employee a renewal contract for a successive year, written notice of nonrenewal shall be given within seven (7) days of the date when the recommendation to reemploy would have been made under the provisions of Sections 37-9-15 and 37-9-17, and amendments thereto, but in any event no later than the following:

(a) If the employee is a superintendent, the school district shall give notice of nonreemployment on or before February 1;

(b) If the employee is a principal, the school district shall give notice of nonreemployment on or before March 1;

(c) If the employee is a teacher or other professional educator, the school district shall give notice of nonreemployment on or before April 8.

An interim conservator appointed pursuant to the provisions of Section 37-17-6(14)(a) shall not be required to comply with the time limitations prescribed in this section for recommending the reemployment of superintendents, assistant superintendents or principals. A school district losing student enrollment due to an annexation of part of its territory shall not be required to comply with the time limitations prescribed in this section for recommending the reemployment of superintendents, assistant superintendents, principals or teachers or other professional educators.

SECTION 4. Section 37-7-203, Mississippi Code of 1972, is amended as follows:

37-7-203. (1) The boards of trustees of all municipal separate school districts created under the provisions of Article 1 of this chapter, either with or without added territory, shall consist of five (5) members * * *. On the first Tuesday after the first Monday in November 1997, an election shall be held in each municipal separate school district in this state, in the same manner and at the same time as the general state and county elections are held, for the purpose of electing the members of the boards of trustees established under the provisions of this article. The five (5) members of the board of trustees of such school district shall be elected from special trustee election districts by the qualified electors thereof, as herein provided. The governing authorities of such municipality shall apportion the municipal separate school district, including added territory, into five (5) special trustee election districts as nearly equal as possible according to population, incumbency and other factors heretofore pronounced by the courts. The municipal governing authority shall place upon its minutes the boundaries determined for the new five (5) trustee election districts. The municipal governing authority shall thereafter publish the same in a newspaper of general circulation within said school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the municipal governing authority, such new district lines shall thereafter be effective. All incumbent trustees holding office at the time of the creation of such trustee election districts shall continue holding their respective offices, provided they reside within the new district, for the remainder of the term of office to which they have heretofore been selected, and their successors shall be elected from the new trustee election districts constituted herein in the manner provided for in this section.

At such election, the members of the said board from Trustee Districts One and Two shall be elected for the term expiring on the first Monday of January 2000; members of the board from Trustee Districts Three and Four shall be elected for a term expiring on the first Monday of January 2002; and the member of the board from Trustee District Five shall be elected for a term expiring on the first Monday of January 1998. All subsequent members of the board shall be elected for a term of six (6) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective member or members of such board. All members of the school board as herein constituted shall take office on the first Monday of January following the date of their election.

(2) The name of any qualified elector who is a candidate for the municipal separate school district board of trustees shall be placed on the ballot used in the general elections by the municipal election commissioners, provided that the candidate files with the municipal election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the municipality residing within such trustee district. Where there are less than one hundred (100) qualified electors in said trustee district, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors of such trustee district. The candidate in each trustee district who receives the highest number of votes cast in the district shall be declared elected.

In no case shall any qualified elector residing within a countywide school district or consolidated school district be eligible to sign a petition of nomination for any candidate for the municipal separate board of trustees under any of the provisions of this section.

(3) Vacancies in the membership of the board of trustees of any municipal separate school district shall be filled by appointment, within sixty (60) days after the vacancy occurs, by the governing authorities of such municipality. Such appointee shall be selected from the qualified electors of the district in which the vacancy occurs. The president of the municipal governing authority shall certify to the Secretary of State the fact of the appointment, and the person so appointed shall be commissioned by the Governor; and if the unexpired term be longer than six (6) months, such appointee shall serve until a successor is elected as hereinafter provided, unless the vacancy shall occur before ninety (90) days prior to the general election in a year in which an election would normally be held for that office as provided by law, in which case the person so appointed shall serve the unexpired portion of the term. Such vacancies shall be filled for the unexpired term by the qualified electors at the next regular special election day occurring more than ninety (90) days after the occurrence of the vacancy. The president of the municipal governing authority shall, within ten (10) days after the happening of the vacancy, make an order, in writing, directed to the commissioners of election, commanding an election to be held on the next regular special election day to fill the vacancy. The election commissioners shall require each candidate to qualify at least sixty (60) days before the date of the election, and shall give a certificate of election to the person elected, and shall return to the Secretary of State a copy of the order of holding the election showing the results thereof, certified by the president of the municipal governing authority. Such election shall be held in the same manner provided for other municipal office vacancies. The person elected shall be commissioned by the Governor.

(4) Provided, however, where only one (1) person shall have qualified with the commissioners of election to be a candidate within the time provided by law, the commissioners of election shall certify to the municipal governing authority that there is but one (1) candidate. Thereupon, the municipal governing authority shall dispense with the election and shall appoint the candidate so certified to fill the unexpired term. The president of the municipal governing authority shall certify to the Secretary of State the candidate so appointed to serve in such office and that candidate shall be commissioned by the Governor. In the event that no person shall have qualified at least sixty (60) days prior to the date of the election, the commissioners of election shall certify that fact to the municipal governing authority which shall dispense with the election and fill the vacancy by appointment. The president of the municipal governing authority shall certify to the Secretary of State the fact of the appointment, and the person so appointed shall be commissioned by the Governor.

SECTION 5. Section 37-7-703, Mississippi Code of 1972, is amended as follows:

37-7-703. In all such special municipal separate school districts * * *, the board of trustees of such special municipal separate school district shall be elected in the manner provided by subsection (1) of Section 37-7-203, and all of the provisions thereof shall be fully applicable in all respects to the selection and constitution of such board of trustees.

SECTION 6. Sections 37-7-209, 37-7-211, 37-7-213, 37-7-215, 37-7-217 and 37-7-219, Mississippi Code of 1972, which provide certain methods for electing trustees of municipal separate school districts from added territory, are repealed.

SECTION 7. Sections 37-7-705, 37-7-707, 37-7-709, 37-7-711, 37-7-713, 37-7-715 and 37-7-717, Mississippi Code of 1972, which provide certain methods for selecting trustees of special municipal separate school districts, are repealed.

SECTION 8. Section 37-9-13, Mississippi Code of 1972, is amended as follows:

(Until December 31, 1999, this section 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 such 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 elected superintendents of schools prior to the expiration of the term for which they were elected in 1987, which term would expire in l992. * * *

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

(From and after January 1, 2000, this section will read as follows:)

37-9-13. (1) In all public school districts, the school board shall, on or before January 15 of each year, appoint the superintendent of schools of such district, except in those cases where the superintendent has been previously 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 such 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.

 * * *

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

(Until December 31, 1999, this section will read as follows:)

37-9-25. The school board shall have the power and authority, in its discretion, to employ the superintendent, unless such 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 such superintendents, principals and certificated employees for the number of years for which they have been employed. All such contracts with certificated employees shall for the years after the first year thereof 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 prior to the beginning of the school term, whichever date should occur earlier. The salary to be paid for the years after the first year of such 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 such salary is revised prior to the beginning of a school year, it shall remain for such school year at the amount fixed in such 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 such year may be increased to the extent that such additional funds are available and nothing herein shall be construed to prohibit same.

(From and after January 1, 2000, this section will read as follows:)

37-9-25. The school board shall have the power and authority, in its discretion, to employ the superintendent * * * 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 such superintendents, principals and certificated employees for the number of years for which they have been employed. All such contracts with certificated employees shall for the years after the first year thereof 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 prior to the beginning of the school term, whichever date should occur earlier. The salary to be paid for the years after the first year of such 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 such salary is revised prior to the beginning of a school year, it shall remain for such school year at the amount fixed in such 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 such year may be increased to the extent that such additional funds are available and nothing herein shall be construed to prohibit same.

SECTION 10. 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 hereby repealed.

SECTION 11. Sections 37-5-61, 37-5-63, 37-5-65, 37-5-67, 37-5-69 and 37-5-71, Mississippi Code of 1972, which provide for the election of county superintendents of education, are hereby repealed.

SECTION 12. Section 21-1-27, Mississippi Code of 1972, is amended as follows:

21-1-27. (1) The limits and boundaries of existing cities, towns and villages shall remain as now established until altered in the manner hereinafter provided. When any municipality shall desire to enlarge or contract the boundaries thereof by adding thereto adjacent unincorporated territory or excluding therefrom any part of the incorporated territory of such municipality, the governing authorities of such municipality shall pass an ordinance defining with certainty the territory proposed to be included in or excluded from the corporate limits, and also defining the entire boundary as changed. In the event the municipality desires to enlarge such boundaries, such ordinance shall in general terms describe the proposed improvements to be made in the annexed territory, the manner and extent of such improvements, and the approximate time within which such improvements are to be made; such ordinance shall also contain a statement of the municipal or public services which such municipality proposes to render in such annexed territory. In the event the municipality shall desire to contract its boundaries, such ordinance shall contain a statement of the reasons for such contraction and a statement showing whereby the public convenience and necessity would be served thereby.

(2) If twenty percent (20%) of the qualified electors residing in the territory proposed to be annexed by a municipality having a population in excess of two hundred thousand (200,000) according to the 1990 federal decennial census and having a municipal separate school district, petition the governing body of the municipality for an election on the question of the proposed annexation within sixty (60) days after public notice of the adoption of the annexation ordinance, the board of supervisors of the county or counties in which the territory proposed to be annexed is located shall hold an election in the territory on the question of the proposed annexation. The election shall be held within sixty (60) days after certification of the petition by the municipal clerk. Notice of the election shall be published in a newspaper having a general circulation in the territory proposed to be annexed once a week for three (3) consecutive weeks prior to the election date, and the first publication shall be made not less than twenty-one (21) days prior to the election date. The election shall be held in the same manner as are other county elections. If fewer than a majority of the qualified electors voting in the election vote against the ordinance, the ordinance shall be approved. If a majority or more of the qualified electors voting in the election vote against the ordinance, the ordinance shall not be approved. If approved in the election, the ordinance shall become effective ten (10) days after the date of the final determination of the results of the election or on such later date specified in the ordinance. If no petition for an election is filed, the ordinance shall become effective sixty (60) days after public notice of the adoption of the ordinance or on such later date specified in the ordinance. If the ordinance is not approved in the election, the municipality shall not adopt another ordinance proposing the annexation of any of the same territory for a period of five (5) years from the date of the election.

SECTION 13. Section 21-1-29, Mississippi Code of 1972, is amended as follows:

21-1-29. Except as otherwise provided in Section 21-1-27(2) for a municipality having a population in excess of two hundred thousand (200,000), when any such ordinance shall be passed by the municipal authorities, such municipal authorities shall file a petition in the chancery court of the county in which such municipality is located; however, when a municipality wishes to annex or extend its boundaries across and into an adjoining county such municipal authorities shall file a petition in the chancery court of the county in which such territory is located. The petition shall recite the fact of the adoption of such ordinance and shall pray that the enlargement or contraction of the municipal boundaries, as the case may be, shall be ratified, approved and confirmed by the court. There shall be attached to such petition, as exhibits thereto, a certified copy of the ordinance adopted by the municipal authorities and a map or plat of the municipal boundaries as they will exist in event such enlargement or contraction becomes effective.

SECTION 14. Any action on an ordinance proposing the enlargement of municipal boundaries of a municipality having a population exceeding two hundred thousand (200,000), which is pending before a court on the effective date of this act as a result of any prior law shall be withdrawn, and an election as provided in Section 21-1-27(2), Mississippi Code of 1972, may be held.

SECTION 15. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part or parts that remain.

SECTION 16. The Attorney General of the State of Mississippi is hereby 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 17. 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.