Senate Bill 2149

(As Sent to Governor)

AN ACT TO PROVIDE THAT THE APPOINTED OR ELECTED SUPERINTENDENT OF EDUCATION IN AN UNDERPERFORMING SCHOOL DISTRICT FOR TWO CONSECUTIVE FULL SCHOOL YEARS SHALL BE REMOVED FROM OFFICE BY THE SCHOOL BOARD OF THE SCHOOL DISTRICT AT THE END OF THE SCHOOL YEAR; TO PROVIDE THAT THE SCHOOL BOARD SHALL EMPLOY A NEW SUPERINTENDENT FOR THE NEXT SCHOOL YEAR IN THE MANNER PROVIDED BY LAW; TO PROVIDE THAT AN ELECTED SUPERINTENDENT IN AN UNDERPERFORMING SCHOOL DISTRICT WHO IS REMOVED FROM OFFICE SHALL NOT BE ELIGIBLE TO SEEK REELECTION FOR A CERTAIN TIME PERIOD; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) If a school district that has an appointed or elected superintendent of education (a) is designated by the State Board of Education accountability system as an underperforming school district for two (2) consecutive full school years, or (b) has fifty percent (50%) or more of the schools within the school district that are designated by the State Board of Education accountability system as underperforming for two (2) consecutive full school years, and the school district was under the administration of the same superintendent during those two (2) consecutive full school years, the school board of the school district shall remove the superintendent then in office upon final designation and notification by the State Board of Education of the status as an underperforming school district. Prior to such final designation the State Board of Education shall notify the school district superintendent and school board members by certified mail of its findings that the school district is underperforming as defined in this section. The school district shall have fifteen (15) days from the date of notification to submit documentation to the State Superintendent of Education outlining reasons why such a designation is unwarranted. The State Board of Education shall evaluate the documentation and make a determination of the status of the school district within thirty (30) days and such determination shall be final.

Upon removal of the superintendent from office under the provisions of this section, the school board shall employ a new superintendent in the manner provided in Section 37-9-25 for an appointed superintendent. In the case of an elected superintendent, the Governor, upon the written request of the State Board of Education, shall remove such superintendent from office and such vacancy shall be filled in the manner provided in Section 37-5-75 for an elected superintendent. In addition, if an elected superintendent in an underperforming school district is removed from office as provided in this section, then that person shall not be eligible to seek reelection for the office of superintendent of education for a period of one (1) full term of office for that position.

(2) The school board of a school district in which the elected superintendent of education is removed from office under the provisions of this section shall publish in a newspaper having general circulation in the county a full page notice informing the residents of the county that the office of superintendent of education may be made appointive in the county upon approval in a special election called by the board of supervisors after receiving a petition signed by not less than twenty percent (20%) of the qualified electors of the county, as provided in Section 37-5-63. Such notice shall be published no less than thirty (30) days after notification by the State Board of Education that the school district has been designated as underperforming and such notice shall run for no less than three (3) consecutive weeks.

(3) The State Department of Education shall make an annual report to the State Board of Education identifying the number and names of school districts and schools in school districts that have been underperforming, in order to identify those districts that fall in the category of underperformance for two (2) consecutive full school years. Those reports shall include a description of the deficiencies identified and the actions recommended for corrective action. The State Board of Education shall report to the Legislature on December 1 annually relative to the status of underperforming school districts.

(4) The procedure for removing the superintendent of education in underperforming school districts shall be in addition to the corrective action sanctions for underperforming schools and underperforming school districts that may be implemented by the State Board of Education and the State Department of Education under Sections 37-17-6(11), (14) and (16), 37-17-13 and 37-18-7.

(5) The provisions of this section shall be prospective only, and shall not apply to any full or partial school year occurring before the effective date of this act.

SECTION 2. 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 3. 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.