MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Education

By: Senator(s) Hamilton

AN ACT TO REQUIRE A REFERENDUM ON THE CONTINUATION OR ABOLITION OF THE OFFICE OF ELECTED SUPERINTENDENT OF EDUCATION IN ANY COUNTY HAVING A SCHOOL DISTRICT WHICH HAS LOST ITS ACCREDITATION; AND FOR RELATED PURPOSES.

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

SECTION 1. The qualified electors of any county (a) having an elected county superintendent of education, and (b) in which is located a school district which has had its accreditation withdrawn by the State Board of Education for a period of at least two (2) years, and as of January 1, 2001, has not had its accreditation status reinstated, shall decide at the November 2002 general election whether to continue to have such office elected, or to abolish such office of elected county superintendent of education in the county. On July 1, 2001, the State Board of Education shall certify to the board of supervisors of any county meeting the criteria specified above that an election on the question of retaining the office of elected county superintendent of education is required by law in such county. 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 2002 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 the regular term of office beginning on January 1, 2003, or whenever a vacancy shall occur in said office, whichever occurs first. In counties where the office of elected county superintendent of education has been abolished as provided herein, the elected office shall not be reinstated, and the county board of education shall be authorized to appoint a superintendent of schools in the manner provided by law.

SECTION 2. The Attorney General of the State of Mississippi is hereby directed to 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 3. 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.