MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Education

By: Representative Blackmon

AN ACT TO AMEND SECTION 37-9-101, MISSISSIPPI CODE OF 1972, TO PROHIBIT SCHOOL DISTRICTS FROM TERMINATING EMPLOYEE CONTRACTS FOR CONSTITUTIONALLY IMPERMISSIBLE REASONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-9-101, Mississippi Code of 1972, is amended as follows:

37-9-101. Sections 37-9-101 through 37-9-113 shall be known as and cited as the "School Employment Procedures Law of 1977."

It is the intent of the Legislature to establish procedures for providing public school employees with notice of the reason or reasons for not offering an employee a renewal of his contract, to provide an opportunity for the employee to present matters in extenuation or exculpation in order for the board to determine whether the recommendation of nonemployment is a proper employment decision and not contrary to law, and not to establish a system of tenure. The administration of the school district may not terminate any employee contract for a constitutionally impermissible reason. The employee shall have the burden of producing evidence of any alleged violation of a constitutional right.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.