Senate Bill 2160

AN ACT TO AMEND SECTION 37-9-103, MISSISSIPPI CODE OF 1972, TO INCREASE THE PROBATIONARY PERIOD UNDER THE EDUCATION EMPLOYMENT PROCEDURES LAW (EEPL) FOR CERTIFIED SCHOOL DISTRICT EMPLOYEES ON A PHASED-IN BASIS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-9-103, Mississippi Code of 1972, is amended as follows:

37-9-103. (1) As used in Sections 37-9-101 through 37-9-113, the word "employee" shall include:

(a) Any teacher, principal, superintendent or other professional personnel employed by the local school district prior to July 1, 2015, for a continuous period of two (2) years with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment. For any teacher, principal, superintendent or other professional personnel employed by the local school district on or after July 1, 2015, but prior to July 1, 2017, the continuous period for employment with that district in order to be subject to the provisions of the Education Employment Procedures Law, shall be three (3) years. For any teacher, principal, superintendent or other professional personnel employed by the local school district on or after July 1, 2017, the continuous period for employment with that district, in order to be subject to the provisions of the Education Employment Procedures Law, shall be four (4) years; or

(b) Any teacher, principal, superintendent or other professional personnel employed prior to July 1, 2015, who has completed a continuous period of two (2) years of employment in a Mississippi public school district and one (1) full year of employment with the school district of current employment, and who is required to have a valid license issued by the State Department of Education as a prerequisite of employment. For any teacher, principal, superintendent or other professional personnel who is employed by the school district as a new hire on or after July 1, 2015, but prior to July 1, 2017, and who has transferred from another school district, the continuous period of employment with the current school district shall be two (2) years and a total period of continuous employment in a Mississippi public school district shall be three (3) years, in order to be subject to the provisions of the Education Employment Procedures Law. For any teacher, principal, superintendent or other professional personnel employed by the school district as a new hire after July 1, 2016, who is transferring from another school district, the continuous period of employment with the current school district shall be three (3) years and the total period of continuous employment in a Mississippi public school district shall be four (4) years, in order to be subject to the provisions of the Education Employment Procedures Law.

(2) (a) The Education Employment Procedures Law shall not apply to any category of employee as defined in this section employed in any school district after the Governor declares a state of emergency under the provisions of Section 37-17-6(11). The Education Employment Procedures Law shall not be applicable in any school district for the full period of time that those conditions, as defined in Section 37-17-6(11), exist.

(b) The Education Employment Procedures Law shall not apply to any category of teacher, administrator or other employee employed to work in any charter school.

(3) For purposes of Sections 37-9-101 through 37-9-113, the term "days" means calendar days.

SECTION 2. This act shall take effect and be in force from and after its passage.