MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Education

By: Representative Broomfield

AN ACT TO AMEND SECTION 37-9-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SCHOOL DISTRICT SUPERINTENDENTS TO ENTER INTO CONDITIONAL CONTRACTS FOR TEACHING POSITIONS WITH PERSONS ANTICIPATING GRADUATION OR LICENSURE; TO AMEND SECTION 37-9-17, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 37-9-23, MISSISSIPPI CODE OF 1972, TO REQUIRE SUCH CONTRACTS TO INCLUDE A PROVISION THAT THE CONTRACT SHALL BE VOIDED ON THE NONOCCURRENCE OF THE EVENT UPON WHICH THE CONTRACT IS CONDITIONED; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 37-9-7, Mississippi Code of 1972, is amended as follows:

37-9-7. It shall be unlawful for any superintendent, principal or teacher to be employed or contracted with to teach or serve in any of the public schools of this state who does not hold a proper license as required by the State Board of Education. However, a school district, in the discretion of the local school board, may authorize the superintendent to enter into a conditional contract with a teacher for a scholastic year, as defined in Section 37-61-1, during the scholastic year next preceding the contract year, contingent upon the person's graduation from an approved teacher education program before September 1 or the issuance of a proper license by the State Board of Education before October 15 of the ensuing scholastic year, or both. If the individual does not graduate before September 1, any conditional contract executed contingent upon the person's graduation shall be null and void on September 1. If the teacher fails to obtain a valid license before October 15, any conditional contract executed contingent upon the issuance of a proper license shall be null and void on October 15. After a contract is declared null and void, the school district shall withhold from the employee's final salary payment, or shall take such legal action as may be necessary to collect from the employee, any amounts above the amount paid to substitute teachers in that district which were paid to the employee before the contract conditioned upon the person's graduation or being issued a proper license is voided. If the license held by any superintendent, principal or teacher * * * expires during the life of any such contract and is not * * * renewed, then such contract shall be null and void upon the expiration of such license which is not * * * renewed.

SECTION 2. Section 37-9-17, Mississippi Code of 1972, is amended as follows:

37-9-17. On or before April 1 of each year, the principal of each school * * * shall recommend to the superintendent of the school district * * * the licensed employees, including persons recommended for licensed positions who are anticipating graduation from an approved teacher education program before September 1 or the issuance of a proper license before October 15 of the ensuing scholastic year, or noninstructional employees to be employed for the school involved except those licensed employees or noninstructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year. If such recommendations meet with the approval of the superintendent * * *, the superintendent * * * shall recommend the employment of such licensed employees, persons recommended for licensed positions or noninstructional employees to the school board, and, unless good reason to the contrary exists, the board shall elect the * * * employees so recommended. If, for any reason, the school board shall decline to elect any * * * employee so recommended, additional recommendations for the places to be filled shall be made by the principal * * * to the superintendent and then by the superintendent to the school board as provided above. The school board of any school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to recommend * * * to the superintendent licensed employees and persons recommended for licensed positions; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the school district. The school board of any school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to accept the recommendations of principals or their designees for licensed employees and persons recommended for licensed positions and to transmit approved recommendations to the board; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the school district.

When the licensed employees and persons anticipating graduation from an approved teacher education program or the issuance of a proper license before October 15 have been elected as provided in the preceding paragraph, the superintendent of the district shall enter into a contract or conditional contract with such persons in the manner provided in this chapter.

If, at the commencement of the scholastic year, any licensed employee shall present to the superintendent a license of a higher grade than that specified in such individual's contract, such individual may, if funds are available from minimum education program funds of the district, or from district funds, be paid from such funds the amount to which such higher grade license would have entitled the individual, had the license been held at the time the contract was executed.

SECTION 3. Section 37-9-23, Mississippi Code of 1972, is amended as follows:

37-9-23. The superintendent shall enter into a contract with each assistant superintendent, principal, licensed employee and person anticipating graduation from an approved teacher education program or the issuance of a proper license before October 15 of the ensuing scholastic year who is elected and approved for employment by the school board. Such contracts shall be in such form as shall be prescribed by the State Board of Education and shall be executed in duplicate with one (1) copy to be retained by the appropriate superintendent and one (1) copy to be retained by the principal, licensed employee or person recommended for a licensed position contracted with. The contract shall show the name of the district, the length of the school term, the position held (whether an assistant superintendent, principal or licensed employee), the scholastic years which it covers, the total amount of the annual salary and how same is payable. The amount of salary to be shown in such contract shall be the amount which shall have been fixed and determined by the school board, but, as to the licensed employees paid in whole or in part with minimum education program funds, such salary shall not be less than that required under the provisions of Chapter 19 of this title. The contract entered into with any person recommended for a licensed position who is anticipating either graduation from an approved teacher education program before September 1 or the issuance of a proper license before October 15 of the contract year, or both, shall be a conditional contract and shall include a provision stating that the contract will be null and void if, on September 1 or October 15, as specified in the contract, the contingency upon which the contract is conditioned has not occurred. If any superintendent, other than those elected, principal, licensed employee or person recommended for a licensed position who has been elected and approved shall not execute and return the contract within ten (10) days after same has been tendered to him for execution, then, at the option of the school board, the election of the licensed employee and the contract tendered to him shall be void and of no effect.

SECTION 4. This act shall take effect and be in force from and after its passage.