MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Education; Constitution
By: Representative Wilkes
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. * * *
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 * * * 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 nine (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. * * *
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 * * *
Governor's will and pleasure. He or she shall possess such
qualifications as may be prescribed by law. He or she shall be the chief
administrative officer for the * * * Division of
Public Education and shall administer the * * * division in accordance with
the policies established by the State Board of Education. He or she
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 2019, 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."