MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Education

By: Senator(s) Nunnelee

AN ACT TO AMEND SECTIONS 37-9-105 AND 37-9-107, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL DISTRICTS TO PROVIDE CERTIFICATED EMPLOYEES WITH REASONS FOR NONREEMPLOYMENT ALONG WITH ANY NONRENEWAL NOTICE; AND FOR RELATED PURPOSES. 

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

SECTION 1. 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, including the reasons for nonreemployment and a summary of the factual basis therefor, 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) or a school board acting on the recommendation of a school district financial advisor appointed pursuant to the provisions of Section 37-9-18 shall not be required to comply with the time limitations prescribed in this section for recommending the reemployment of superintendents, assistant superintendents or principals.

SECTION 2. Section 37-9-109, Mississippi Code of 1972, is amended as follows:

37-9-109. An employee who has received notice under Section 37-9-105, upon written request, shall be entitled to:

(a) An opportunity for a hearing at which to present matters relevant to the reasons given for the nonreemployment decision, including any reasons alleged by the employee to be the reason for nonreemployment;

(b) Receive a fair and impartial hearing before the board or hearing officer;

(c) Be represented by legal counsel, at his own expense.

If the employee does not request a hearing, the decision of the board with regard to the reemployment of the employee shall be final.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.