House Bill 1065

AN ACT TO PROVIDE THAT EFFECTIVE WITH THE TERM OF OFFICE BEGINNING ON JANUARY 1, 2024, THE OFFICE OF COUNTY SUPERINTENDENT OF EDUCATION IN A CERTAIN COUNTY SHALL NO LONGER BE APPOINTIVE BUT ELECTED; TO PROVIDE THAT THE ELECTION SHALL OCCUR AT THE NOVEMBER 2023 GENERAL STATEWIDE AND COUNTY ELECTIONS; TO PROVIDE AN OPPORTUNITY FOR THOSE WHO OBJECT TO THE CHANGE IN THE METHOD OF SELECTING THE COUNTY SUPERINTENDENT OF EDUCATION TO FILE A PETITION REQUESTING A REFERENDUM ON THE ISSUE ON CHANGING THE PROCESS OF SELECTION; TO DESIGNATE THE TIME IN WHICH THE REFERENDUM SHALL BE HELD PRIOR TO THE DATE OF THE GENERAL STATEWIDE AND COUNTY ELECTIONS; TO ESTABLISH THE REQUIREMENTS TO QUALIFY FOR ELECTION TO THE OFFICE OF COUNTY SUPERINTENDENT OF EDUCATION IF THE REFERENDUM IN FAVOR OF CHANGING THE METHOD OF SELECTION IS APPROVED; TO AMEND SECTION 37-9-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Effective with the term of office beginning on January 1, 2024, the county superintendent of education in the county situated in the Third Congressional District, having a population in excess of twenty-five thousand (25,000) according to the 2020 federal decennial census, and in which U.S. Highway 49 Mississippi Highway 13 intersect, and which is also traversed in whole or in part by Mississippi Highways, 28, 43 and 149, shall be an elected position with a term of four (4) years, as determined by the election of such qualifying individual at the same time and manner of the general statewide and county elections held on the first Tuesday after the first Monday in November 2023, and every four (4) years thereafter. However, if at any time prior to November 7, 2023, or sixty (60) days following July 1, 2023, whichever is earlier, a petition signed by not less than twenty percent (20%) or one thousand five hundred (1,500), whichever is less, of the registered, qualified electors of the county, is filed with the county board of education and county board of supervisors requesting that a referendum be called on the question of changing from the appointive method of selecting the county superintendent of education to the elective method, then the county board of education and county board of supervisors shall jointly adopt, not later than the next regular meeting of each body, a resolution calling a referendum to be called and held within the county school district boundaries upon the question. The referendum shall be scheduled for not more than six (6) weeks after the date such petition is filed with the boards. When a referendum has been called, notice of the referendum shall be published at least three (3) days per week, unless the only newspaper published in the county is published less than three (3) days per week, for at least three (3) consecutive weeks, in at least one (1) newspaper published in the county. The notice shall be no less than one-fourth (1/4) page in size, and the type used shall be no smaller than eighteen (18) point and surrounded by a one-fourth-inch solid black border. The notice may not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The first publication of the notice shall be made not less than twenty-one (21) days before the date fixed for the referendum, and the last publication shall be made not more than seven (7) days before that date. If no newspaper is published in the county school district, then the notice shall be published in a newspaper having a general circulation in the county and, in addition, by posting a copy of the notice for a least twenty-one (21) days next preceding the referendum at three (3) public places in the county, one (1) of which shall be at the door of the county courthouse in each judicial district. The referendum shall be held, as far as is practicable, in the same manner as other referendums and elections are held in the county. At the referendum, all registered, qualified electors of the county may vote. The ballots used at the referendum shall have printed thereon a brief statement of the purpose of the referendum and the words "FOR CHANGING FROM THE APPOINTIVE TO THE ELECTIVE METHOD OF SELECTING THE COUNTY SUPERINTENDENT OF EDUCATION," and "AGAINST CHANGING FROM THE APPOINTIVE TO THE ELECTIVE METHOD OF SELECTING THE COUNTY SUPERINTENDENT OF EDUCATION." The voter shall vote by placing a cross (X) or checkmark (√) opposite the voter's choice on the proposition. If a majority of the registered, qualified electors of the county who vote in the referendum vote in favor of the question, then the change in selection method shall be approved. However, if a majority of the registered, qualified electors who vote in the referendum vote against the question, the change in selection method shall not be approved.

(2) If a referendum is called pursuant to the provisions of subsection (1) of this section, and a majority of the qualified electors of the county vote in favor of changing the office of county superintendent of education from the appointive to the elective method, such individuals desiring to be elected to such office shall:

(a) Satisfy the residency requirements as a bona fide resident of the county;

(b) Possess the qualifications required under the provisions of Section 37-9-13; and

(c) File a petition with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days before the date of general statewide and county elections, a petition signed by not less than twenty percent (20%) or one thousand five hundred (1,500), whichever is less, of the registered, qualified electors of the county.

(3) The candidate who receives the majority of votes cast in the election shall be declared elected. If no candidate receives a majority of the votes cast in the election, a runoff election shall be held between the two (2) candidates receiving the highest number of votes in the first election. The runoff election, in the event that such is necessary, shall be held three (3) weeks after the first election.

SECTION 2. Section 37-9-13, Mississippi Code of 1972, is amended as follows:

37-9-13. (1) (a) Each school district shall have a superintendent of schools, selected in the manner provided by law. No person shall be eligible to the office of superintendent of schools unless such person shall hold a valid administrator's license issued by the State Department of Education and shall have classroom or administrative experience of not less than six (6) years which shall include at least three (3) years of administrative experience as a school building principal (a) in a school with an "A" or "B" accountability rating, or (b) in a school that increased its accountability rating by a letter grade during the period in which the principal was employed as principal at the school, or (c) in a school with comparable accountability rating or improvement in another state which shall be verified by the Mississippi Department of Education.

(b) Notwithstanding the provisions of subsection (4) of this section, no person shall be eligible to the office of superintendent of schools if the person has pled guilty to or been convicted of any state or federal offense in which he or she unlawfully took, obtained or misappropriated funds received by or entrusted to the person by virtue of his or her public office or employment.

(2) From and after January 1, 2019, in all public school districts, except as otherwise provided in Section 1 of this act, the local school board shall appoint the superintendent of schools of such district. At the expiration of the term of any county superintendent of education elected at the November 2015 general election, the county superintendent of education of said county shall not be elected but shall thereafter be appointed by the local school board in the manner provided in Section 37-9-25. However, in the event that a vacancy in the office of the superintendent of schools elected at the November 2015 general election shall occur before January 1, 2019, the office of superintendent of schools shall immediately become an appointed position, and the local school board shall appoint the superintendent of the school district. The superintendent of schools shall have the general powers and duties to administer the schools within his district as prescribed in Section 37-9-14 et seq., Mississippi Code of 1972.

(3) As an alternative to the qualifications prescribed in subsection (1)(a) of this section, the State Board of Education is authorized and directed to issue regulations by January 1, 2018, which include minimum credentials, educational prerequisites, and relevant best practice experience requirements that will qualify a person to serve as a superintendent without having the direct experience or certification as an educator specified in subsection (1)(a) of this section.

(4) The provisions of this section shall be applicable to any superintendent of schools selected on or after July 1, 2017, who has not previously served as a superintendent or assistant superintendent within the last five (5) years.

SECTION 3. This act shall take effect and be in force from and after its passage.