MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Senator(s) DeBar
AN ACT TO AMEND SECTIONS 37-9-13 AND 37-9-25, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SCHOOL SUPERINTENDENTS TO BE ELECTED BY CITIZENS OF THE LOCAL SCHOOL DISTRICT IN CERTAIN DISTRICTS; TO REINSTATE THE PROVISION OF LAW THAT PROVIDED FOR COUNTY BOARDS OF EDUCATION AND SUPERINTENDENTS AND THEIR FUNCTIONS; WHICH WAS REPEALED IN 2019; TO CODIFY THIS LAW AT ITS FORMER LOCATION, SECTION 37-5-61, MISSISSIPPI CODE OF 1972; TO REINSTATE THE PROVISION OF LAW THAT PROVIDED FOR COUNTY SUPERINTENDENT APPOINTMENTS; WHICH WAS REPEALED IN 2019; TO CODIFY THIS LAW AT ITS FORMER LOCATION, SECTION 37-5-63, MISSISSIPPI CODE OF 1972, TO REINSTATE THE PROVISION OF LAW THAT PROVIDED FOR COUNTY BOARDS OF EDUCATION AND THE REESTABLISHMENT OF THE SUPERINTENDENT POSITION AS ELECTIVE OFFICE; TO CODIFY THIS LAW AT ITS FORMER LOCATION; SECTION 37-5-65, MISSISSIPPI CODE OF 1972; TO REINSTATE THE PROVISION OF LAW THAT PROVIDED FOR THE AUTHORIZATION OF COUNTY BOARDS OF EDUCATION TO APPOINT SUPERINTENDENTS IN CERTAIN COUNTIES; WHICH WAS REPEALED IN 2019; TO CODIFY THIS LAW AT ITS FORMER LOCATION, SECTION 37-5-67, MISSISSIPPI CODE OF 1972; TO REINSTATE THE PROVISION OF LAW THAT PROVIDED FOR THE SELECTION AND QUALIFICATION OF SUPERINTENDENT AND PROVISIONS RELATED TO ELECTIONS IN CERTAIN COUNTIES; WHICH WAS REPEALED IN 2019; TO CODIFY THIS LAW AT ITS FORMER LOCATION, SECTION 37-5-71, MISSISSIPPI CODE OF 1972, TO REINSTATE THE PROVISION OF LAW THAT PROVIDED FOR FILLING OF VACANCIES OF SUCH OFFICE; WHICH WAS REPEALED IN 2019; TO CODIFY THIS LAW AT ITS FORMER LOCATION, SECTION 37-5-75, MISSISSIPPI CODE OF 1972; TO REINSTATE THE PROVISION OF LAW THAT PROVIDED FOR REFERENDUM ON CONTINUATION OR ABOLITION OF OFFICE OF COUNTY SUPERINTENDENT OF EDUCATION; WHICH WAS REPEALED IN 2019; TO CODIFY THIS LAW AT ITS FORMER LOCATION, SECTION 37-9-12, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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) 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.
* * *
SECTION 2. Section 37-9-25, Mississippi Code of 1972, is amended as follows:
37-9-25. The school board
shall have the power and authority, in its discretion, to employ the
superintendent, unless such superintendent is elected * * *, for not
exceeding four (4) scholastic years and the principals or licensed employees
for not exceeding three (3) scholastic years. In such case, contracts shall be
entered into with such superintendents, principals and licensed employees for
the number of years for which they have been employed. 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 local
school board shall then appoint the superintendent of the school district and
enter into contract with the appointee for a period not to exceed three (3)
scholastic years. All such contracts with licensed employees shall for the
years after the first year thereof be subject to the contingency that the
licensed employee may be released if, during the life of the contract, the
average daily attendance should decrease from that existing during the previous
year and thus necessitate a reduction in the number of licensed employees during
any year after the first year of the contract. However, in all such cases the
licensed employee must be released before July 1 or at least thirty (30) days
prior to the beginning of the school term, whichever date should occur
earlier. The salary to be paid for the years after the first year of such
contract shall be subject to revision, either upward or downward, in the event
of an increase or decrease in the funds available for the payment thereof, but,
unless such salary is revised prior to the beginning of a school year, it shall
remain for such school year at the amount fixed in such contract. However,
where school district funds, other than minimum education program funds, are
available during the school year in excess of the amount anticipated at the
beginning of the school year the salary to be paid for such year may be increased
to the extent that such additional funds are available and nothing herein shall
be construed to prohibit same.
SECTION 3. The following shall be codified as Section 37-5-61, Mississippi Code of 1972:
37-5-61. (1) There shall be a county superintendent of education in each county.
(2) Said superintendent shall serve as the executive secretary of the county board of education, but shall have no vote in the proceedings before the board and no voice in fixing the policies thereof.
(3) In addition, said superintendent shall be the director of all schools in the county outside the municipal separate school districts.
(4) Said superintendent shall be elected at the same time and in the same manner as other county officers are elected and shall hold office for a term of four (4) years.
SECTION 4. The following shall be codified as Section 37-5-63, Mississippi Code of 1972:
37-5-63. (1) Notwithstanding the provisions of Section 37-5-61, the office of county superintendent of education may be made appointive in any county in the manner herein provided. Upon the filing of a petition signed by not less than twenty percent (20%) of the qualified electors of such county, it shall be the duty of the board of supervisors of such county, within sixty (60) days after the filing of such petition, to call a special election at which there shall be submitted to the qualified electors of such county the question of whether the office of county superintendent of education of said county shall continue to be elective or shall be filled by appointment by the county board of education of said county. However, where a Class 3 county having an area in excess of eight hundred twenty-five (825) square miles has a county unit school system comprising less than an entire county, the petition shall only be signed by electors residing within the county unit school district and only electors of said district shall vote on the proposition of appointing the county superintendent of education.
The order calling such special election shall designate the date upon which same shall be held and a notice of such election, signed by the clerk of the board of supervisors, shall be published once a week for at least three (3) consecutive weeks in at least one newspaper published in such county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such county then such notice shall be given by publication of same for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such notice for at least twenty-one (21) days next preceding such election at three (3) public places in such county, one of which shall be at the door of the county courthouse in each judicial district.
Said election shall be held, as far as is practicable, in the same manner as other elections are held in such county and all qualified electors of the county may vote therein. If a majority of such qualified electors who vote in such election shall vote in favor of the appointment of the county superintendent of education by the county board of education then, at the expiration of the term of the county superintendent of education then in office, the county superintendent of education of said county shall not be elected but shall thereafter be appointed by the county board of education for a term of not more than four (4) years; otherwise, said office shall remain elective.
No special election shall be held in any county under the provisions of this section more often than once in every four (4) years, and no change from the elective to the appointive method of the selection of the county superintendent of education shall become effective except at the expiration of the term of the county superintendent of education in office at the time such election is held.
SECTION 5. The following shall be codified as Section 37-5-65, Mississippi Code of 1972:
37-5-65. (1) Where the office of county superintendent of education has been made appointive under the provisions of Section 37-5-63, the same may thereafter be made elective in such county by a petition filed and election held in the same manner provided in said section, all of the provisions of which shall be applicable to such proceedings. Where such change is made from the appointive method back to the elective method the same shall become effective at the date for the commencement of the term of office of other county offices next succeeding such election, and the county superintendent of education of such county shall be elected at the preceding election at the same time and in the same manner as other county officers are elected. Nothing herein shall be construed, however, to authorize the calling of a special election under any of the provisions of this section more often than once in any four (4) years.
SECTION 6. The following shall be codified as Section 37-5-67, Mississippi Code of 1972:
37-5-67. (1) The county superintendent of education shall be appointed by the county board of education:
(a) In any county of the first class lying wholly within a levee district and within which there is situated a city of more than forty thousand (40,000) population according to the last federal decennial census;
(b) In any county bordering on the Gulf of Mexico or Mississippi Sound, having therein a test facility operated by the National Aeronautics and Space Administration;
(c) In any county bordering on the Alabama state line, traversed by the Tombigbee River, and in which is situated a senior institution of higher learning;
(d) In any county of the second class wherein Interstate Highway 55 and State Highway 22 intersect and which is also traversed in whole or in part by U.S. Highways 49 and 51, and State Highways 16, 17 and 43 and the Natchez Trace;
(e) In any Class 4 county having population in excess of twenty-five thousand (25,000) according to the 1960 federal census, traversed by U.S. Highway 55 and wherein State Highways 12 and 17 intersect;
(f) In any county created after 1916 through which the Yazoo River flows;
(g) In any Class 4 county having a land area of six hundred ninety-five (695) square miles, bordering on the State of Alabama, wherein the Treaty of Dancing Rabbit was signed and wherein U.S. Highway 45 and State Highway 14 intersect;
(h) In any county bordering on the Mississippi River wherein lies the campus of a land-grant institution or lands contiguous thereto owned by the institution;
(i) In any county lying within the Yazoo-Mississippi Delta Levee District, bordering upon the Mississippi River, and having a county seat with a population in excess of twenty-one thousand (21,000) according to the federal census of 1960;
(j) In any Class 3 county wherein is partially located a national forest and wherein U.S. Highway 51 and State Highway 28 intersect, with a 1960 federal census of twenty-seven thousand fifty-one (27,051) and a 1963 assessed valuation of Sixteen Million Six Hundred Ninety-two Thousand Three Hundred Four Dollars ($16,692,304.00); and
(k) In any Class 1 county wherein U.S. Highway 49 and State Highway 16 intersect, having a land area in excess of nine hundred thirty (930) square miles.
SECTION 7. The following shall be codified as Section 37-5-71, Mississippi Code of 1972:
37-5-71. (1) The county superintendents of education shall be elected in the manner prescribed by the provisions of this chapter, unless such office be made appointive as provided in this chapter, in which case the county superintendent shall be appointed by the county board of education or by the trustees of a separate school district embracing an entire county with a population of fifteen thousand (15,000) or less, as provided in Section 37-7-203(2). In all cases he shall have such qualifications as prescribed by Section 37-9-13 and receive such compensation as established under Section 37-9-37.
(2) All qualified electors residing within any municipal separate or special municipal separate school district shall not vote in the election for the county superintendent of education:
(a) In all counties of the second class which have a population, according to the 1960 federal decennial census of at least thirty-three thousand (33,000) and less than thirty-four thousand (34,000), and having a city located therein which is the Southern Division of the A.T. & S.F. Railroad Company;
(b) In all counties of the fourth class which have a population, according to the 1960 federal decennial census, in excess of twenty-six thousand (26,000) and less than twenty-seven thousand (27,000), and having located therein the Mississippi State University of Agriculture and Applied Science;
(c) In all counties of the first class which have a population, according to the 1960 federal decennial census, in excess of forty-six thousand (46,000) and less than forty-seven thousand (47,000), and having located therein the Mississippi University for Women;
(d) In any county bordering on the Mississippi Sound and having a population in excess of one hundred thousand (100,000), according to the 1960 federal decennial census, and having an assessed valuation in excess of Seventy Million Dollars ($70,000,000.00);
(e) In any county having a population in excess of eight thousand (8,000) and less than nine thousand (9,000), and having an assessed valuation in excess of Five Million Dollars ($5,000,000.00) but less than Six Million Dollars ($6,000,000.00) in 1960;
(f) In any county having a population in excess of twenty-two thousand (22,000) and less than twenty-three thousand (23,000) in 1960, and having a total assessed valuation in excess of Thirteen Million Dollars ($13,000,000.00) in 1960;
(g) In any county having a population in excess of fifty-nine thousand (59,000) but less than sixty thousand (60,000), according to the 1960 federal decennial census;
(h) In any county bordered on the east by the Alabama line and on the south by the Mississippi Sound;
(i) In any county where Mississippi Highway 35 crosses U.S. Highway 80 and whose population, according to the 1960 regular census, was between twenty-one thousand (21,000) and twenty-two thousand (22,000), and in which there are located four (4) or more chicken packing plants, one (1) zipper plant and one or more factories manufacturing Sunbeam electrical appliances;
(j) In any county having a population of twenty-six thousand one hundred ninety-eight (26,198) according to the 1970 census wherein Highways 51 and 84 intersect;
(k) In any county having a municipal separate school district lying therein, having a population in excess of twenty-one thousand (21,000) but less than twenty-one thousand five hundred (21,500), according to the 1960 decennial census, and having a combined assessed valuation in 1963 in excess of Sixteen Million Nine Hundred Thousand Dollars ($16,900,000.00) but less than Seventeen Million Dollars ($17,000,000.00) according to the State Tax Commission's compilation;
(l) In any county where Mississippi Highway 15 crosses Mississippi Highway 16, whose population was more than twenty thousand (20,000) and less than twenty-one thousand (21,000), according to the regular 1960 census, and within which there is located a Choctaw Indian reservation and school operated by the United States government;
(m) In any county where U.S. Highway 45W Alternate intersects Mississippi Highway 50, and having a population of eighteen thousand nine hundred thirty-three (18,933), according to the 1960 federal census;
(n) In any county having a population in excess of forty thousand five hundred (40,500), according to the 1960 federal decennial census, wherein U.S. Highways 78 and 45 intersect, and wherein there is a United States fish hatchery;
(o) In any county being traversed by Mississippi Highway 15 and U.S. Interstate Highway 20;
(p) In all counties wherein there is located a national military park and a national cemetery;
(q) In any county where U.S. Highway 82 crosses U.S. Interstate Highway 55 and having a population of twelve thousand three hundred eighty-seven (12,387) according to the 1990 federal decennial census;
(r) In any county where U.S. Highway 49E and U.S. Highway 82 intersect, and having a population of thirty-seven thousand three hundred forty-one (37,341) according to the 1990 federal decennial census;
(s) In any county bordering the Mississippi River on the west and with a population of less than thirty-one thousand (31,000), according to the 2000 federal decennial census, and with a county seat in which U.S. Highway 49 and U.S. Highway 61 intersect.
In any such county, however, the county superintendent of education may be a resident of a municipal separate school district or special municipal separate school district.
(3) The qualified electors residing within the municipal separate school districts shall not participate in the election of the county superintendent of education:
(a) In any county having a population of more than twenty-seven thousand (27,000) and less than twenty-eight thousand (28,000) and containing therein a municipality having a population in excess of three thousand (3,000), according to the 1960 federal decennial census;
(b) In any Class 1 county wherein is located a state-supported university and a National Guard camp, and in which Interstate Highway 59 and U.S. Highway 49 intersect;
(c) In any Class 4 county having two (2) judicial districts, wherein is partially located a national forest, and wherein Mississippi Highways 8 and 15 intersect;
(d) In any Class 2 county, the southern boundary of which partially borders on the State of Louisiana, traversed by U.S. Highway 98 which intersects Mississippi Highway 13, with a land area of five hundred fifty (550) square miles and having a population of twenty-three thousand two hundred ninety-three (23,293) in the 1960 federal decennial census;
(e) In any county bordering on the Gulf of Mexico or the Mississippi Sound having therein a test facility operated by the National Aeronautics and Space Administration;
(f) In any county having a population in excess of twenty-seven thousand one hundred seventy-nine (27,179) according to the 1970 federal decennial census, wherein U.S. Highways 45 and 72 intersect; and
(g) In any Class 1 county bordering on the Pearl River in which U.S. Highway 80 intersects Mississippi Highway 18 and having a population, according to the federal decennial census of 1970, of forty-three thousand nine hundred thirty-three (43,933).
(4) The county superintendent of education, with the approval of the county board of education by its first having adopted a resolution of approval and spread upon its minutes, shall be elected from the county at large, exclusive of the municipal separate school district boundaries:
(a) In any county bordering on the State of Tennessee having a land area of seven hundred ten (710) square miles, wherein is located part of a national forest, and wherein U.S. Highway 78 and Mississippi Highway 7 intersect;
(b) In any Class 4 county wherein is located the state's oldest state-supported university, in which Mississippi Highways 6 and 7 intersect. Provided, however, that if the method of selecting the county superintendent of education in such county is changed from an elective method to an appointive method, pursuant to the provisions of Section 37-5-68, this paragraph (b) shall stand repealed; and
(c) In any county having a population in excess of seventeen thousand (17,000) and less than eighteen thousand (18,000), according to the 1970 federal decennial census, wherein Mississippi Highways 6 and 9 intersect.
(5) In any county having a municipality of between forty-nine thousand (49,000) and fifty thousand (50,000) population according to the 1960 federal census, and adjoining the Alabama line, wherein U.S. Highways 80 and 45 intersect, the qualified electors residing within any municipal separate school district shall not participate in the election of the county superintendent of education, and such county superintendent of education shall not be a resident of a municipal separate school district.
(6) In any county traversed by the Natchez Trace Parkway wherein U.S. Highway 45 and Mississippi Highway 4 intersect and having a population of seventeen thousand nine hundred forty-nine (17,949) according to the 1960 federal census, the qualified electors residing within any municipal separate school district shall not participate in the election of the county superintendent of education, and such county superintendent of education shall not be a resident of a municipal separate school district.
SECTION 8. The following shall be codified as Section 37-5-75, Mississippi Code of 1972:
37-5-75. If a vacancy shall occur in the office of county superintendent of education, such vacancy shall be filled by appointment by the county board of education. If the unexpired term shall exceed six (6) months, it shall be the duty of the board of supervisors of the county to call a special election to fill such vacancy for such unexpired term, which said election shall be called and held in the manner provided by Section 23-15-839. In such case the person so appointed by the county board of education shall hold office only until such election is held and the person elected thereat shall qualify and enter upon the discharge of his duties.
SECTION 9. The following shall be codified as Section 37-9-12, Mississippi Code of 1972:
37-9-12. The qualified electors of any county having an elected county superintendent of education on July 1, 1986, shall decide at the November 1988 general election whether (a) to continue to have such office elected, or (b) to abolish such office of county superintendent of education in the county. Provided, however, that no such referendum shall be held on the office of administrative superintendent in a county having an administrative superintendent as defined in Section 37-6-3, Mississippi Code of 1972. The county board of supervisors of such counties shall publish notice of said election once a week for at least three (3) consecutive weeks prior to the November 1988 general election in at least one (1) newspaper published or circulated in such county. The proposition shall be submitted to a vote of all qualified electors residing outside the territory of any municipal separate or special municipal separate school district located within such county. Such election shall be held in the same manner as other elections are held in the county. If a majority of the qualified electors who voted in such election vote in favor of the abolition of such office, such abolishment shall be effective at the end of any regular term of office or whenever a vacancy shall occur in said office. In counties where the office of elected county superintendent of education has been abolished, it shall not be reinstated.
SECTION 10. This act shall take effect and be in force from and after July 1, 2024.