House Bill 459

AN ACT TO AMEND SECTION 37-9-23, MISSISSIPPI CODE OF 1972, TO PROHIBIT SUPERINTENDENTS FROM ENTERING INTO CONTRACTS WITH ANY CURRENT LICENSED EMPLOYEES FOR THE CONTINUATION OF EMPLOYMENT WITH THE SCHOOL DISTRICT FOR THE SUCCESSIVE SCHOOL YEAR BEFORE APRIL 15; TO PROVIDE THAT THE TEN-DAY PERIOD FOR AN EMPLOYEE TO EXECUTE AND RETURN THE CONTRACT SHALL NOT BEGIN TO RUN UNTIL THE DATE THE CONTRACT IS TENDERED TO THE EMPLOYEE ON OR AFTER APRIL 15; TO AMEND SECTION 37-9-55, MISSISSIPPI CODE OF 1972, TO STIPULATE THAT ANY RENEWAL CONTRACT ISSUED TO AN EMPLOYEE BEFORE APRIL 15 OF THE YEAR THAT THE EXISTING EMPLOYMENT CONTRACT IS SCHEDULED TO EXPIRE SHALL BE CONDITIONAL; TO ALLOW THE EMPLOYEE TO SEEK RELEASE FROM THE CONDITIONAL CONTRACT, IF EXECUTED, WITHOUT PENALTY; TO AMEND SECTION 37-9-57, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 37-9-105, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT APRIL 15 OR WITHIN TEN CALENDAR DAYS AFTER THE DATE THAT THE GOVERNOR APPROVES THE APPROPRIATION LEGISLATION COMPRISING THE STATE'S K-12 EDUCATION BUDGET, WHICHEVER DATE IS LATER, SHALL BE THE EARLIEST DATE SUCH CONTRACT MAY BE EXECUTED AND HAVE BINDING EFFECT UPON THE EMPLOYEE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-9-23, Mississippi Code of 1972, is amended as follows:

37-9-23. The superintendent shall enter into a contract with each assistant superintendent, principal, licensed employee and person anticipating graduation from an approved teacher education program or the issuance of a proper license before October 15 or February 15, as the case may be, who is elected and approved for employment by the school board. Such contracts shall be in such form as shall be prescribed by the State Board of Education and shall be executed in duplicate with one (1) copy to be retained by the appropriate superintendent and one (1) copy to be retained by the principal, licensed employee or person recommended for a licensed position contracted with. The contract shall show the name of the district, the length of the school term, the position held (whether an assistant superintendent, principal or licensed employee), the scholastic years which it covers, the total amount of the annual salary and how same is payable. The amount of salary to be shown in such contract shall be the amount which shall have been fixed and determined by the school board, but, as to the licensed employees paid, in whole or in part, with adequate education program funds, such salary shall not be less than that required under the provisions of Chapter 19 of this title. Beginning with the 2010-2011 school year, the contract shall include a provision allowing the school district to reduce the state minimum salary by a pro rata daily amount in order to comply with the school district employee furlough provisions of Section 37-7-308, and shall include a provision which conditions the payment of such salary upon the availability of adequate education funds provided for salaries. The contract entered into with any person recommended for a licensed position who is anticipating either graduation from an approved teacher education program before September 1 or December 31, as the case may be, or the issuance of a proper license before October 15 or February 15, as the case may be, shall be a conditional contract and shall include a provision stating that the contract will be null and void if, as specified in the contract, the contingency upon which the contract is conditioned has not occurred. If any superintendent, other than those elected, principal, licensed employee or person recommended for a licensed position who has been elected and approved shall not execute and return the contract within ten (10) days after same has been tendered to him for execution, then, at the option of the school board, the election of the licensed employee and the contract tendered to him shall be void and of no effect. Except for entering into conditional contracts with persons anticipating the issuance of a proper license before October 15 or February 15, no superintendent shall enter into contracts with any current licensed employees for the continuation of employment with the school district for the successive school year before April 15, and the ten-day period for such licensed employees to execute and return the contract to the local school board shall not commence until the date that the contract is tendered to the employee on or after April 15.

SECTION 2. Section 37-9-55, Mississippi Code of 1972, is amended as follows:

37-9-55. Any appointed superintendent, principal or licensed employee in any public school who is under contract to teach or perform other duties and who desires to be released from such contract shall make application in writing to the school board of the school district for release therefrom, in which application the reasons for such release shall be clearly stated. If the board acts favorably upon such application for release, such superintendent, principal or licensed employee shall be released from his contract, and said contract shall be null and void on the date specified in the school board's order. However, any renewal contract issued to a licensed employee before April 15 of the year that his or her existing employment contract is scheduled to expire shall be conditional, and shall afford the employee the opportunity to seek release, without penalty, from the conditional contract, if executed.

SECTION 3. Section 37-9-57, Mississippi Code of 1972, is amended as follows:

37-9-57. If any appointed superintendent, principal or licensed employee in any public school of this state shall arbitrarily or willfully breach his or her contract and abandon his or her employment without being released therefrom as provided in Section 37-9-55, the contract of such superintendent, principal or licensed employee shall be null and void. However, any contract entered into before April 15 shall be conditional, and any licensed employee seeking release from such contract shall be released by the local school board without penalty. In addition thereto the license of such superintendent, principal or licensed employee may be suspended by the State Board of Education for a period of one (1) school year as provided in Section 37-3-2(8) upon written recommendation of the majority of the members of the school board of the school district involved.

SECTION 4. Section 37-9-105, Mississippi Code of 1972, is amended as follows:

37-9-105. (1) If a recommendation is made by the school district not to offer an employee a renewal contract for a successive year, written notice of the proposed nonreemployment stating the reasons for the proposed nonreemployment shall be given no later than the following:

(a) If the employee is a principal, the superintendent, without further board action, shall give notice of nonreemployment on or before March 1; or

(b) If the employee is a teacher, administrator or other professional educator covered under Sections 37-9-101 through 37-9-113, the superintendent, without further board action, shall give notice of nonreemployment on or before April 15, or within ten (10) calendar days after the date that the Governor approves the appropriation bill(s) comprising the state's education budget for funding K-12, whichever date is later.

(2) If a recommendation is made by the school district to offer an employee who is a teacher, administrator or other professional educator covered under Sections 37-9-101 through

37-9-113, a renewal contract for a successive year, April 15 or within ten (10) calendar days after the date that the Governor approves the appropriation bill(s) comprising the state's education budget for funding K-12, whichever date is later, shall be the earliest date such contract may be executed and have binding effect upon the employee with whom the contract was entered. After the latter of April 15 or within ten (10) calendar days after the date that the Governor approves the appropriation legislation comprising the state's education budget for funding K-12, a licensed employee requests a release from the contract, he or she must satisfy the requirements of Section 37-9-55, or be subject to the penalty of licensure suspension imposed under Section 37-9-57.

(3) An interim conservator appointed pursuant to Section 37-17-6(15)(a) or a school board acting on the recommendation of a school district financial advisor appointed pursuant to Section 37-9-18 shall not be required to comply with the time limitations prescribed in this section for recommending the reemployment of principals, teachers, administrators or other professional educators.

SECTION 5. This act shall take effect and be in force from and after July 1, 2023.