MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Education

By: Representative Corley

House Bill 1205

AN ACT TO AMEND SECTION 37-7-104.5, MISSISSIPPI CODE OF 1972, TO RATIFY THE AGREEMENT BETWEEN THE SCHOOL BOARDS OF LUMBERTON PUBLIC SCHOOL DISTRICT AND LAMAR COUNTY SCHOOL DISTRICT TO ADMINISTRATIVELY CONSOLIDATE THE LUMBERTON PUBLIC SCHOOL DISTRICT WITH THE LAMAR COUNTY SCHOOL DISTRICT, TO PROVIDE FOR THE COMPOSITION OF A NEW SCHOOL BOARD FOR THE CONSOLIDATED DISTRICT, TO PROVIDE FOR THE TRANSFER OF PROPERTY, TAX ASSESSMENTS, ASSUMPTION OF DEBT, ATTENDANCE BOUNDARIES, CURRICULUM AND PROGRAMS, EXECUTION OF EMPLOYMENT CONTRACTS FOR CERTIFIED AND NONCERTIFIED STAFF, PREPARATION OF BUDGET AND THE ESTABLISHMENT OF A TRANSITION TEAM FOR THE CONSOLIDATED DISTRICT; TO AUTHORIZE THE TRANSFER OF CERTAIN STUDENTS AFFECTED BY THE CONSOLIDATION UPON THE CLOSURE OF SCHOOLS IN THE FORMER LUMBERTON PUBLIC SCHOOL DISTRICT; TO AMEND SECTIONS 37-5-7 AND 37-7-103, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-7-104.5, Mississippi Code of 1972, is amended as follows:

     37-7-104.5.  (1)  Not later than July 1, * * *2019 2018, the local school boards of the Lumberton Public School District * * *, and Lamar County School District * * *and Poplarville Separate School District shall, under the authority provided in Section 37-7-103, enter into an agreement, by which the approval of such agreement shall be spread upon each board's minutes of their regularly scheduled meetings or at special meetings called for the specific purpose of such agreement, to abolish and dissolve the Lumberton School District and its central administrative office to be effective for the start of the * * *2019‑2020 2018-2019 school year.  * * *The agreement between each school board made parties thereto must consider:

 * * *  (a)  The composition of the district boundaries of the Lumberton Public School District, as it existed on January 1, 2016, to ensure that the student population to be transferred to the Lamar County School District and Poplarville Separate School District does not disparately impact the desegregation of either school district entering into agreement;

     ( * * *b2)  The territory embraced by Lumberton * * *, Mississippi Public School District, located within the bounded territory of Lamar County and Pearl River County, Mississippi, * * *from which the school district to be abolished by agreement draws a portion of its student population, shall be absorbed into the boundary lines of the Lamar County School District, which shall spread a legal description of the district's new boundaries upon its minutes.  It shall be the responsibility of the school boards of * * *supervisors of such county the Lumberton Public School District and Lamar County School District to apportion the school district into five (5) new single-member board of education election districts, which shall be consistent with the apportioned population of the existing Lamar County School District and that portion of the former Lumberton Public School District situated within Lamar County and Pearl River County, Mississippi, as the former district existed on July 1, 2016.  The school board of * * *supervisors of the county the Lamar County School District shall thereafter publish the same in some newspaper of general circulation in the county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the school boards of each * * *appropriate school district * * *in the county, the new district lines will thereafter be effective * * *; and July 1, 2018, and Lamar County School District shall proceed with all action under the law using the new boundaries.

 * * *  (c)  The territory embraced by Lumberton, Mississippi, located within the bounded territory of Pearl River County, from which the school district to be abolished by agreement draws a portion of its student population, shall be absorbed into the boundary lines of the Poplarville Separate School District as added territory, which shall spread a legal description of the district's new boundaries with added territory upon its minutes.  It shall be the responsibility of the municipal governing authority having jurisdiction over the territory wherein the Poplarville Separate School District is located to provide residents of the added territory with representation on the school board as authorized under the provisions of Section 37‑7‑203(1), which shall be consistent with the apportioned population of the existing Poplarville Separate School District and the percentage of the student population from that portion of the former Lumberton Public School District situated in Pearl River County within the added territory of the Poplarville Separate School District as the former district existed on July 1, 2016.  The municipal governing authority shall thereafter publish the same in some newspaper of general circulation in the county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the school boards of each appropriate school district in the county, the new member districts will thereafter be effective; and

(2)  (a)  There is hereby created and established an advisory council to be known as the Commission on the Administrative Consolidation of the Lumberton Public School District.  The commission shall be composed of eleven (11) members as follows:

   (i)  The State Superintendent of Education, or his designee, who shall serve as Chairman of the Commission;

   (ii)  The Superintendent of the Lumberton Public School District;

   (iii)  The Superintendent of Education of the Lamar County School District;

   (iv)  The Superintendent of the Poplarville Separate School District;

   (v)  Two (2) members of the Lamar County Board of Education to be appointed by the Lamar County Board of Education;

   (vi)  One (1) member of the Board of Trustees of the Poplarville Separate School District to be appointed by the Board of Trustees of the Poplarville Separate School District;

   (vii)  One (1) member of the Board of Trustees of the Lumberton Public School District to be appointed by the Board of Trustees of the Lumberton Public School District;

   (viii)  One (1) resident of the area which comprises the Lumberton Public School District to be appointed by the State Superintendent of Public Education;

   (ix)  One (1) resident of the area which comprises the Lamar County School District to be appointed by the Lamar County Board of Supervisors; and

   (x)  One (1) resident of the area which comprises the Poplarville Separate School District to be appointed by the Pearl River Board of Supervisors.

  (b)  The Commission on the Administrative Consolidation of the Lumberton Public School District shall meet within thirty (30) days of July 1, 2016, upon the call of the State Superintendent of Education and shall hold hearings and meet as necessary and develop a report to the Legislature, the Governor and the State Board of Education on or before December 1, 2017, with the agreed‑upon plan for proceeding with the abolition and dissolving of the Lumberton Public School District, which shall include a reasonable effort to maintain and operate a school in the former Lumberton Public School District by which students desiring may, in the discretion of the parents of such students, attend.

(c)  The plan may provide an option for students enrolled in the schools of the Lumberton Public School District on May 1, 2017, and children registered for kindergarten on that date with the Lumberton Public School District may be granted an automatic transfer by the Lamar County Board of Education or the Poplarville School Board, as determined by the agreed‑upon plan.

     (3)  * * *Nothing in this section shall be construed to require the closing or maintenance of any school or school facility, unless the facility is an unneeded administrative office located within a school district which has been abolished under the provisions of this section. The incumbent board members or interim appointees of the Lamar County School District's five (5) single-member board of education election districts as constituted on July 1, 2018, shall continue holding their respective offices for the remainder of their current term provided they reside within the new single-member board of education election districts established in subsection (2) of this section, and thereafter shall stand for election at the time and in the manner provided by law for county boards of education.

(4)  The incumbent superintendent of the Lamar County School District shall continue in office for the remainder of the position's current elected term.  At the expiration of the term or vacancy of the office, the superintendent of such district shall thereafter be appointed in the manner provided by law.

(5)  All real property and assets of the Lumberton Public School District shall be transferred and vested in and to the Lamar County School District effective July 1, 2018.

(6)  All tax assessments of the Lumberton Public School District shall be assumed by the Lamar County Public School District.  The school board of the Lamar County School District shall by order request the levying of taxes for its territory located in the bounded territory of Lamar County, Mississippi, and Pearl River County, Mississippi.  The Lamar County Board of Supervisors shall certify, levy and collect taxes for the territory of the former Lumberton Public School District located in Lamar County, and the Pearl River County Board of Supervisors shall certify, levy and collect taxes for the territory of the former Lumberton Public School District located in Pearl River County.  The taxes so levied shall be collected by the tax collector of the levying authority involved and remitted by the tax collector to the school depository of the Lamar County School District to the credit of the school district.

(7)  Any debt of the Lumberton Public School District shall be assumed by the Lamar County School District and shall be serviced as provided by law.

(8)  (a)  The Lumberton Public School District attendance boundaries as existed on July 1, 2016, in both Lamar County and Pearl River County, Mississippi, shall be operated by the Lamar County School District as the Lumberton Attendance Center for Pre-kindergarten through Grade 12, and shall be attended by the students of the former Lumberton Public School District as long as the school board of the Lamar County School District finds that operation to be in the best interests of all students in the Lamar County School District and the Lumberton Public School District and can be maintained with due regard to enrollment and diversity considerations.

(b)  However, if at any such time subsequent to the effective date of the consolidation agreement that any specific grade level is not offered in the school situated in Lumberton, then the boundaries of the school district lines for the Lamar County School District and the Poplarville Separate School District shall immediately become the county line separating Lamar County and Pearl River County.  At the point that the county line between Lamar and Pearl River Counties becomes the boundary of the two (2) districts, students residing in the area of northern Pearl River County which comprised the former Lumberton Public School District shall have the option to attend school in the Lamar County School District if they so desire, or attend school in the county of residence by enrolling in the Poplarville Separate School District.

(c)  After the consolidation of the Lamar County School District and the Lumberton Public School District, the Lamar County School District shall have five (5) years to increase the accountability rating of the school located in the former Lumberton Public School District to a "B" rating or higher.  However, if the Lamar County School District fails to increase the accountability of the school located in the former Lumberton Public School District as required under this paragraph, then the boundaries of the school district lines for the Lamar County School District and the Poplarville Separate School District shall immediately become the county line separating Lamar County and Pearl River County.  At the point that the county line between Lamar and Pearl River Counties becomes the boundary of the two (2) districts, students residing in the area of northern Pearl River County which comprised the former Lumberton Public School District shall have the option to attend school in the Lamar County School District if they so desire, or attend school in the county of residence by enrolling in the Poplarville Separate School District.

(9)  The curriculum and programs for the schools and students of the former Lumberton Public School District shall be structured and administered by the Lamar County School District.

(10)  All contracts with certified and noncertified staff of the Lumberton Public School District for the 2018-2019 school year shall be invalidated and terminate effective July 1, 2018.  Any certified or noncertified staff of the former Lumberton Public School District impacted by the contract invalidation shall not be penalized in seeking future employment with a Mississippi public school district and shall not be required to identify as terminated or nonrenewed when applying for employment.

(11)  All hiring for certified and noncertified staff at the schools located in the former Lumberton Public School District for the 2018-2019 school year shall be made by the Lamar County School District.  The Lamar County School District shall have authority to establish contracts and hire certified and noncertified staff for the schools located in the former Lumberton Public School District for the 2018-2019 school year, prior to July 1, 2018.

(12)  All contracts with the superintendent and administrative staff of the Lumberton Public School District shall be invalidated and terminate effective July 1, 2018.

(13)  The terms of the school board members of the Lumberton Public School District shall be invalidated and terminate effective July 1, 2018.

(14)  The Lamar County School District shall have authority to prepare and adopt a budget for the 2018-2019 school year to include the added territory, schools and students of the former Lumberton Public School District prior to July 1, 2018.

(15)  The superintendents of the Lamar County School District and Lumberton Public School District shall have authority to establish a transition team to facilitate the consolidation of the Lumberton Public School District into the Lamar County School District and may utilize district personnel to accomplish the consolidation.

(16)  The Lamar County School District shall have authority to do all things necessary or beneficial in preparation of the 2018-2019 school year prior to the July 1, 2018, dissolution of the Lumberton Public School District.

(17)  All actions previously taken by the school boards of the Lumberton Public School District and Lamar County School District consistent with the provisions herein is ratified and shall be given effect in compliance with this statute.  Any statute contrary to the specific provisions of this section is superseded.

     SECTION 2.  Section 37-5-7, Mississippi Code of 1972, is amended as follows:

     37-5-7.  (1)  On the first Tuesday after the first Monday in May, 1954, an election shall be held in each county in this state in the same manner as general state and county elections are held and conducted, which election shall be held for the purpose of electing the county boards of education established under the provisions of this chapter.  At such election, the members of the said board from Supervisors Districts * * *One 1 and * * *Two 2 shall be elected for the term expiring on the first Monday of January, 1957; members of the board from Supervisors Districts * * *Three 3 and * * *Four 4 shall be elected for a term expiring on the first Monday of January, 1959; and the member of the board from Supervisors District * * *Five 5 shall be elected for a term expiring on the first Monday of January, 1955.  Except as otherwise provided in subsection (2), 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 county board of education as herein constituted, shall take office on the first Monday of January following the date of their election.

     (2)  On the first Tuesday after the first Monday in November, in any year in which any county shall elect to utilize the authority contained in Section 37-5-1(2), an election shall be held in each such county in this state for the purpose of electing the county boards of education in such counties.  At said election the members of the said county board of education from Districts * * *One 1 and * * *Two 2 shall be elected for a term of four (4) years, the members from Districts * * *Three 3 and * * *Four 4 shall be elected for a term of six (6) years, and the member from District * * *Five 5 shall be elected for a term of two (2) years.  Thereafter, members shall be elected at general elections as vacancies occur for terms of six (6) years each.  All members of the county board of education shall take office on the first Monday of January following the date of their election.

     (3)  (a)  Current members of the Board of Trustees of the Greenwood Public School District serving on November 1, 2017, shall continue in office as the new County Board of Education of the Greenwood-Leflore School District until their successors are elected as follows:

(i)  The two (2) appointed board members of the Greenwood Public School District whose terms are nearest to expiration shall expire on January 1, 2019, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 2 and 3 in a November 2018 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2019, for a term of four (4) years;

(ii)  The final two (2) appointed board members of the Greenwood Public School District whose terms are the farthest removed from expiration shall expire on January 1, 2020, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 4 and 5 in a November 2019 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2020, for a term of four (4) years; and

(iii)  One (1) appointed board member of the Greenwood Public School District whose term is next nearest to expiration shall expire on January 1, 2021, and thereafter become a permanently elected position to be filled by a person elected as a board member from Supervisors District 1 in a November 2020 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2021, for a term of four (4) years.

(b)  All subsequent members shall be elected for a term of four (4) 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 members, and shall take office on January 1 next succeeding the election.

     (4)  On the first Tuesday after the first Monday in November 2017, an election shall be held in Holmes County for the purpose of electing the county board of education in the new Holmes County Consolidated School District.  At the election, the members of the said county board of education shall be elected from single member board of education districts, which shall be consistent with the supervisors district lines in the county, and shall be elected for an initial term of six (6) years.  Subsequent elections for the Holmes County Board of Education shall be held on the first Tuesday after the first Monday in November 2023 and every four (4) years thereafter at the same time and manner as other general elections are held, and the member shall be elected for a term of four (4) years.  All members of the county board of education in the new Holmes County Consolidated School District shall take office on the first Monday of January following the date of their election.

     (5)  On the first Tuesday after the first Monday in November 2023, an election shall be held in Chickasaw County for the purpose of electing the county board of education in the new Chickasaw County School District.  The board of supervisors shall declare and designate posts for each member of the new board.  At said election, the members of the said county board of education from Posts One and Two shall be elected for a term of four (4) years, the members from Posts Three and Four shall be elected for a term of three (3) years and the member from Post Five shall be elected for a term of two (2) years.  Thereafter, members shall be elected at general elections as vacancies occur for terms of four (4) years each.  All members of the county board of education in the new Chickasaw County School District shall take office on the first Monday of January following the date of their election.

(6)  The incumbent board members or interim appointees of the Lamar County School District's five (5) single-member board of education election districts as constituted on July 1, 2018, shall continue holding their respective offices for the remainder of their current term provided they reside within the new single-member board of education election districts established in Section 37-7-104.5(2), and thereafter shall stand for election at the time and in the manner provided by law for county boards of education.  The terms of the school board members of the Lumberton Public School District shall be invalidated and terminate effective July 1, 2018.

     SECTION 3.  Section 37-7-103, Mississippi Code of 1972, is amended as follows:

     37-7-103.  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 school 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.  Provided, however, that the consent of the school board of the school districts involved in implementing the provisions of Section 37-7-104, 37-7-104.2, 37-7-104.3, 37-7-104.4, 37-7-104.5 as amended by this act, 37-7-104.6, 37-7-104.7 or 37-7-104.8 shall not be required for the administrative consolidation of such school districts pursuant to the order of the State Board of Education.

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

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