MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Constitution; Education

By: Representative Wilkes

House Concurrent Resolution 25

A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO SECTION 203 AND SECTION 202, MISSISSIPPI CONSTITUTION OF 1890, TO ABOLISH THE EXISTING STATE DEPARTMENT OF EDUCATION AND TRANSFER THE POWERS AND DUTIES TO THE OFFICE OF THE GOVERNOR; TO PROVIDE THAT THE FORMER STATE DEPARTMENT OF EDUCATION SHALL BE KNOWN AS THE DIVISION OF PUBLIC EDUCATION IN THE OFFICE OF THE GOVERNOR; AND FOR RELATED PURPOSES.

     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi Constitution of 1890 are proposed to the qualified electors of the state:

I.

     Amend Section 203, Mississippi Constitution of 1890, to read as follows:

     "Section 203.  * * *(1) Until July 1, 1984, there shall be a board of education, consisting of the Secretary of State, the Attorney General and the Superintendent of Public Education, for the management and investment of the school funds according to law, and for the performance of such other duties as may be prescribed.  The superintendent and one (1) other of said board shall constitute a quorum.

(2) From and after July 1, 1984, There shall be a State Board of Education which shall manage and invest school funds according to law, formulate policies according to law for implementation by the * * *State Department of Education Division of Public Education in the Office of the Governor, and perform such other duties as prescribed by law.  The board shall consist of nine (9) members of which none shall be an elected official.  The Governor shall appoint one (1) member who shall be a resident of the Northern Supreme Court District and who shall serve an initial term of one (1) year, one (1) member who shall be a resident of the Central Supreme Court District and who shall serve an initial term of five (5) years, one (1) member who shall be a resident of the Southern Supreme Court District and who shall serve an initial term of nine (9) years, one (1) member who shall be employed on an active and full-time basis as a school administrator and who shall serve an initial term of three (3) years, and one (1) member who shall be employed on an active and full-time basis as a schoolteacher and who shall serve an initial term of seven (7) years.  The Lieutenant Governor shall appoint two (2) members from the state at large, one (1) of whom shall serve an initial term of four (4) years and one (1) of whom shall serve an initial term of eight (8) years.  The Speaker of the House of Representatives shall appoint two (2) members from the state at large, one (1) of whom shall serve an initial term of two (2) years and one (1) of whom shall serve an initial term of six (6) years.  The initial terms of appointees shall begin on July 1, 1984, and all subsequent appointments shall begin on the first day of July for a term of (9) years and continue until their successors are appointed and qualify.  An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be for the unexpired term only.  The Legislature shall by general law prescribe the compensation which members of the board shall be entitled to receive.  All members shall be appointed with the advice and consent of the Senate and no members shall be actively engaged in the educational profession except as stated above."

II.

     Amend Section 202, Mississippi Constitution of 1890, to read as follows:

     "Section 202.  * * *(1) Until July 1, 1984, there shall be a Superintendent of Public Education elected at the same time and in the same manner as the Governor, who shall have the qualifications required by the Secretary of State, and hold his office for four (4) years, and until his successor shall be elected and qualified, who shall have the general supervision of the common schools and and of the educational interests of the state, and who shall perform such other duties and receive compensation as shall be prescribed by law.  However, an election for the Superintendent of Public Education shall not be held at the general election in 1983, and the term of the Superintendent of Public Education who was elected at the general election in 1979 shall be extended to July 1, 1984, on which date it shall expire.

(2) From and after July 1, 1984, There shall be a State Superintendent of Public Education who shall be appointed by the State Board of Education, subject to the Governor's approval, and with the advice and consent of the Senate, and serve at the * * *board's Governor's will and pleasure.  He shall possess such qualifications as may be prescribed by law.  He shall be the chief administrative officer for the * * *State Department of Education Division of Public Education and shall administer the * * *department division in accordance with the policies established by the State Board of Education.  He shall perform such other duties and receive such compensation as shall be prescribed by law."

     BE IT FURTHER RESOLVED, That these proposed amendments shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2018, as provided by Section 273 of the Constitution and by general law, with the amendments in this resolution being voted on as one (1) amendment since the proposed amendments pertain to one (1) subject. 

     BE IT FURTHER RESOLVED, That the explanation for this proposed amendment for the ballot shall read as follows:  "This proposed constitutional amendment provides that the existing State Department of Education shall be abolished and the powers and duties transferred to the Division of Public Education in the Office of the Governor."