1997 Regular Session
By: Representatives Chaney, Frierson
House Bill 1038
AN ACT TO AUTHORIZE SCHOOL DISTRICTS MEETING LEVEL 3, 4 OR 5 ACCREDITATION REQUIREMENTS TO EXERCISE HOME RULE AUTHORITY; TO EXCLUDE CERTAIN ACTIONS FROM THE AUTHORITY OF SCHOOL DISTRICTS EXERCISING HOME RULE AUTHORITY; TO REQUIRE THE STATE BOARD OF EDUCATION TO APPROVE CHANGES TO ACTIONS TAKEN BY A SCHOOL DISTRICT EXERCISING HOME RULE AUTHORITY IF THE DISTRICT FAILS TO MEET LEVEL 3 ACCREDITATION REQUIREMENTS; TO AUTHORIZE THE STATE BOARD OF EDUCATION TO RESCIND THE HOME RULE AUTHORITY IN SCHOOL DISTRICTS FAILING TO MEET LEVEL 3 ACCREDITATION REQUIREMENTS AFTER TWO YEARS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) In addition to those powers granted by Section 37-7-301 and any other statute or law of the State of Mississippi, the school board of any school district meeting Level 3, 4 or 5 accreditation requirements may adopt any orders, policies, rules or regulations with respect to the affairs, property and finances of that school district for which no specific provision has been made by general law and which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972, or any order, policy, rule or regulation of the State Board of Education; those school boards also may alter, modify and repeal any orders, policies, rules or regulations enacted under this section. Except as otherwise provided in subsection (2) of this section, the powers granted to the school boards of school districts in this section are complete without the existence of or reference to any specific authority granted in any other statute or law of the State of Mississippi.
(2) This section shall not authorize the school board of any school district to take any of the following actions unless the action is authorized specifically by another statute or law of the State of Mississippi:
(a) Request the levying authority for the school district, as defined in Section 37-57-1, to levy taxes other than those authorized by statute or to increase the levy of any authorized tax beyond statutorily established limits;
(b) Issue bonds of any kind;
(c) Change the requirements, practices or procedures for the election or appointment of school board members or for filling vacancies in the school board;
(d) Change the composition of the school board;
(e) Change the procedures for the abolition of the school district, the alteration of district boundaries, or the consolidation of school districts;
(f) Use any school district funds, equipment, supplies or materials for any private purpose;
(g) Use any minimum education program funds for purposes other than those established by statute;
(h) Enter into any collective bargaining agreement or contract with any employee, group of employees or employee organization concerning the conditions, compensation, rights, privileges, obligations or any other aspect of employment with the school district; or
(i) Waive any compulsory standard for accreditation established by the State Board of Education or statute.
(3) If a school district granted powers under subsection (1) of this section fails to meet Level 3 accreditation requirements, any order, policy, rule or regulation adopted by the school board in that district under the authority granted in subsection (1) of this section may not be altered, modified or repealed unless the State Board of Education approves the action. The State Board of Education shall review all actions proposed by the school board for a period of two (2) years or until the school district meets Level 3, 4 or 5 accreditation requirements, whichever occurs first. If, at the end of the two-year period, the school district continues to fail to meet Level 3 accreditation requirements, the State Board of Education, in its discretion, may rescind the authority granted to the school board under subsection (1) of this section or may continue to review all actions proposed by the school board for such time that the State Board of Education deems appropriate.
SECTION 2. This act shall take effect and be in force from and after July 1, 1997.