MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Education; Judiciary

By: Senator(s) Ferris

AN ACT TO AMEND SECTION 11-41-1, MISSISSIPPI CODE OF 1972, TO GRANT TO A SCHOOL BOARD OR SUPERINTENDENT OF EDUCATION STANDING TO SEEK A WRIT OF MANDAMUS TO COMPEL PERFORMANCE OF A LAWFUL DUTY IN MATTERS AFFECTING THE OPERATION OF THE SCHOOL DISTRICT OVER WHICH THEY MAY PRESIDE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 11-41-1, Mississippi Code of 1972, is amended as follows:

11-41-1. (1) On the complaint of the state, by its Attorney General or a district attorney, in any matter affecting the public interest, or on the complaint of any private person who is interested, the judgment shall be issued by the circuit court, commanding any inferior tribunal, corporation, board, officer, or person to do or not to do an act the performance or omission of which the law specially enjoins as a duty resulting from an office, trust, or station, where there is not a plain, adequate, and speedy remedy in the ordinary course of law. All procedural aspects of this action shall be governed by the Mississippi Rules of Civil Procedure.

(2) In any matter affecting the operation of the school district over which they preside, the duly appointed or elected school board or school superintendent shall have the same authority as is conferred on the Attorney General or district attorney by subsection (1) of this section.

SECTION 2. This act shall take effect and be in force from and after its passage.