MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Education

By: Representatives West, Green

AN ACT TO AMEND SECTION 37-7-703, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BOARD OF TRUSTEES OF CERTAIN SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS TO BE APPOINTED BY THE BOARD OF SUPERVISORS, TO REQUIRE EACH OF THE TRUSTEES TO REPRESENT A DIFFERENT SUPERVISORS DISTRICT, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE INITIAL TRUSTEES' TERMS, THE TERMS OF ALL TRUSTEES SHALL BE FOUR YEARS; TO AMEND SECTION 37-7-715, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY AGREEMENTS SETTING FORTH THE CONSTITUTION OF SUCH BOARDS OF TRUSTEES SHALL REMAIN IN EFFECT UNTIL AMENDED OR RESCINDED BY THE PARTIES TO THE SPECIFIC AGREEMENT OR UNTIL THE LEGISLATURE REVISES THE AUTHORITY FOR ORGANIZING THE BOARDS OF TRUSTEES PURSUANT TO SUCH AGREEMENTS; TO AMEND SECTION 37-7-717, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-7-703, Mississippi Code of 1972, is amended as follows:

37-7-703. (1) Except as otherwise provided in subsection (2) of this section, in all * * * special municipal separate school districts which embrace the entire county in which, according to the latest available federal census, a majority of the inhabitants of the county reside within the corporate limits of the municipality, the board of trustees of such special municipal separate school district shall be chosen and selected in the manner provided by subsection (1) of Section 37-7-203, and all of the provisions thereof shall be fully applicable in all respects to the selection and constitution of such board of trustees.

(2) In each special municipal separate school district that embraces an entire county in which, according to the latest available federal census, a majority of the inhabitants of the county reside within the corporate limits of the municipality and in which, on the effective date of House Bill No. 1303, 2000 Regular Session, all members of the board of trustees of such special municipal separate school district are appointed, from and after the effective date of House Bill No. 1303, 2000 Regular Session, the board of trustees of the special municipal separate school district shall be appointed in the manner prescribed in this subsection.

The board of trustees of each special municipal separate school district described in this subsection shall consist of five (5) members, one (1) of whom shall be a resident qualified elector of each supervisors district of the county, to be appointed by the board of supervisors of the county. Each supervisor shall recommend to the board of supervisors a person to represent that district on the board of trustees of the school district. Initial appointments pursuant to this subsection shall be made within thirty (30) days of the effective date of House Bill No. 1303, 2000 Regular Session, and shall be for a term to expire in January 2004. In 2004 and every four (4) years thereafter, appointments shall be made within thirty (30) days after the commencement of the new term of the board of supervisors for a term of four (4) years. Each incumbent trustee holding office on the effective date of House Bill No. 1303, 2000 Regular Session, may be appointed to continue holding his or her respective office, provided the trustee resides within the supervisors district represented by that trustee's office.

A vacancy in the board of trustees shall be filled for the unexpired term by appointment of the board of supervisors, upon a recommendation by the supervisor of the district in which the vacancy exists of a person qualified to hold such office from within the same supervisors district.

SECTION 2. Section 37-7-715, Mississippi Code of 1972, is amended as follows:

37-7-715. Upon the organization, reorganization or reconstitution of any special municipal separate school district, the board of supervisors of the county wherein such special municipal separate school district is located and the governing authorities of the municipality may, by an order spread upon their minutes within sixty (60) days after such organization, reorganization or reconstitution shall have become final, expressing an agreement between both such governing authorities, choose to constitute the board of such special municipal separate school district under one (1) of the optional methods of organization set out in Section 37-7-717. In the event that both the governing authorities hereinabove referred to shall enter such an order within said period, then the * * * board of trustees shall be thereafter constituted and selected according to the terms of such agreement, provided such agreement is in conformity with the terms of Section 37-7-717. The board of trustees constituted pursuant to such agreement shall continue to exist until such time that both governing authorities, by order spread upon their minutes, enter into an agreement amending or rescinding the original agreement or until the Legislature revises the authority for such governing authorities to enter into an agreement on the organization and constitution of the board of trustees or provides the specific manner in which such board of trustees shall be organized and constituted. It is further expressly provided that irregularities of a procedural nature in the adoption of such orders shall not affect the validity of the same or the validity of any acts of the board of trustees which may be constituted by virtue thereof.

SECTION 3. Section 37-7-717, Mississippi Code of 1972, is amended as follows:

37-7-717. Upon complying with, and subject to, the terms and provisions of Section 37-7-715, hereof, the board of supervisors of any county wherein there is a special municipal separate school district and the governing authorities of the municipality may provide that the board of trustees of such special municipal separate school district shall be organized and constituted in one (1) of the following manners:

(a) The * * * board may consist of five (5) members, all of whom shall be bona fide residents of and qualified electors of such school districts and who shall be appointed by either the board of supervisors, the governing authorities of the municipality, or by both of said bodies in such proportion as the governing bodies may agree upon. The first such board shall be appointed so that one (1) trustee shall be appointed to serve for one (1) year, one (1) for one (1) year longer, one (1) for two (2) years longer, one (1) for three (3) years longer, and one (1) for four (4) years longer. Upon the expiration of each such original term, each appointment shall be for five (5) years and shall be made by the authority making the original appointment. In case of the occurrence of a vacancy, the authority which made the appointment of the trustee responsible for such vacancy shall appoint a successor to serve the remainder of the term of such trustee.

(b) In case of a special municipal separate school district which embraces the entire county, the board of trustees may be constituted and selected in accordance with the terms and provisions of Sections 37-7-707 through 37-7-711, with the exception that one (1) member of such board shall be elected by each supervisors district and shall be a resident and qualified elector of the district from which he is elected.

(c) In case of a special municipal separate school district embracing the entire county, the board of trustees may be constituted and selected in accordance with the terms and provisions of Section 37-7-713.

SECTION 4. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 5. This act shall take effect and be in force from and after July 1, 2001, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended. If it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after July 1, 2001, this act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.