House Concurrent Resolution 59

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 203, MISSISSIPPI CONSTITUTION OF 1890, TO MERGE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES AND THE STATE BOARD OF EDUCATION INTO ONE GOVERNING BODY RESPONSIBLE FOR OVERSEEING KINDERGARTEN THROUGH GRADUATE EDUCATION; TO REPEAL SECTION 202 OF THE MISSISSIPPI CONSTITUTION OF 1890, WHICH CREATES THE POSITION OF STATE SUPERINTENDENT OF PUBLIC EDUCATION; TO REPEAL SECTION 213-A OF THE MISSISSIPPI CONSTITUTION OF 1890, WHICH CREATES THE TWELVE-MEMBER BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING FOR THE MANAGEMENT AND CONTROL OF THE STATE INSTITUTIONS OF HIGHER LEARNING; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi Constitution of 1890 are proposed to the qualified electors of the state:

Amend Section 203, Mississippi Constitution of 1890, to read as follows:

"Section 203. * * *

(1) From and after July 1, 1984, there shall be a State Board of Education which shall manage and invest school funds according to law, formulate policies according to law for implementation by the State Department of Education, and perform such other duties as prescribed by law. The board shall consist of nine (9) members of which none shall be an elected official. The Governor shall appoint one (1) member who shall be a resident of the Northern Supreme Court District and who shall serve an initial term of one (1) year, one (1) member who shall be a resident of the Central Supreme Court District and who shall serve an initial term of five (5) years, one (1) member who shall be a resident of the Southern Supreme Court District and who shall serve an initial term of nine (9) years, one (1) member who shall be employed on an active and full-time basis as a school administrator and who shall serve an initial term of three (3) years, and one (1) member who shall be employed on an active and full-time basis as a schoolteacher and who shall serve an initial term of seven (7) years. The Lieutenant Governor shall appoint two (2) members from the state at large, one (1) of whom shall serve an initial term of four (4) years and one (1) of whom shall serve an initial term of eight (8) years. The Speaker of the House of Representatives shall appoint two (2) members from the state at large, one (1) of who shall serve an initial term of two (2) years and one (1) of whom shall serve an initial term of six (6) years. The initial terms of appointees shall begin on July 1, 1984, and all subsequent appointments shall begin on the first day of July for a term of (9) years and continue until their successors are appointed and qualify. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be for the unexpired term only. The Legislature shall by general law prescribe the compensation which members of the board shall be entitled to receive. All members shall be appointed with the advice and consent of the Senate and no members shall be actively engaged in the educational profession except as stated above.

(2) (a) Beginning on July 1, 2005, there shall be a Mississippi Board of Education, which shall be responsible for overseeing kindergarten through graduate school education in the State of Mississippi in accordance with state law and formulating policies pursuant to state law for implementation by the State Department of Education, the State Department of Community and Junior Colleges and the Mississippi Department of State Institutions of Higher Learning. The board shall appoint:

(i) A State Superintendent of Education, with the advice and consent of the Senate, who shall serve at the board's will and pleasure. The State Superintendent of Education shall possess those qualifications prescribed by law. The superintendent shall be the chief administrative officer for the State Department of Education and shall administer the department in accordance with the policies established by the Mississippi Board of Education. The superintendent shall perform such other duties and receive such compensation as prescribed by law.

(ii) A Commissioner of Community and Junior Colleges and Workforce Development, with the advice and consent of the Senate, who shall serve at the board's will and pleasure. The Commissioner of Community and Junior Colleges and Workforce Development shall possess those qualifications prescribed by law. The commissioner shall be the chief administrative officer for the State Department of Community and Junior Colleges and shall administer the board in accordance with the policies established by the Mississippi Board of Education. The commissioner shall perform such other duties and receive such compensation as prescribed by law.

(iii) A Commissioner of Higher Education, with the advice and consent of the Senate, who shall serve at the board's will and pleasure. The Commissioner of Higher Education shall possess those qualifications prescribed by law. The commissioner shall be the chief administrative officer for the Mississippi Department of State Institutions of Higher Learning and shall administer the board in accordance with the policies established by the Mississippi Board of Education. The commissioner shall perform such other duties and receive such compensation as prescribed by law.

(b) Effective July 1, 2005, the powers and duties of the following entities are transferred to the Mississippi Board of Education, which shall retain all related funding and budgeting authority for purposes of a single, seamless kindergarten through graduate school education system and single or coordinated education budget:

(i) The State Board of Education;

(ii) The State Board for Community and Junior Colleges; and

(iii) The Board of Trustees of State Institutions of Higher Learning.

(c) The Mississippi Board of Education shall consist of eighteen (18) members, none of which may be an elected official, to be appointed as follows: The Governor, Lieutenant Governor and Speaker of the House of Representatives shall each appoint two (2) members from each Supreme Court district. Two (2) members appointed by each from different Supreme Court districts shall serve an initial term of two (2) years; two (2) members appointed by each from different Supreme Court districts shall serve an initial term of four (4) years; and two (2) members appointed by each from different Supreme Court districts shall serve an initial term of six (6) years. The terms shall be staggered so that the terms of two (2) members in each Supreme Court district shall expire every two (2) years. Upon the expiration of the initial terms, all subsequent terms shall be for six (6) years. All appointments shall begin on the first day of July. Any vacancy on the board shall be filled by the appointing authority from the appropriate Supreme Court district for the remainder of the unexpired term. The Legislature shall by law prescribe the compensation that members of the board shall be entitled to receive. Each member must be a resident of the Supreme Court district from which the member is appointed. Members shall be appointed with the advice and consent of the Senate. Members may not be actively engaged in the educational profession.

(d) In order to facilitate the transition to the single governing authority of the Mississippi Board of Education, during the 2003 Regular Session, the Legislature shall establish an Education Governance Reorganization Transition Task Force. The task force shall make recommendations to the Legislature as soon as practicable for an orderly phase-in of a seamless education continuum and a single or coordinated kindergarten through graduate school budget and shall perform such other functions and duties as may be prescribed by the Legislature. The composition of the task force shall be established by the Legislature."

II.

Amend the Mississippi Constitution of 1890 by repealing on July 1, 2005, Section 202 which reads as follows:

"Section 202. (1) Until July 1, 1984, there shall be a Superintendent of Public Education elected at the same time and in the same manner as the Governor, who shall have the qualifications required by the Secretary of State, and hold his office for four (4) years, and until his successor shall be elected and qualified, who shall have the general supervision of the common schools and of the educational interests of the state, and who shall perform such other duties and receive compensation as shall be prescribed by law. However, an election for the Superintendent of Public Education shall not be held at the general election in 1983, and the term of the Superintendent of Public Education who was elected at the general election in 1979 shall be extended to July 1, 1984, on which date it shall expire.

(2) From and after July 1, 1984, there shall be a State Superintendent of Public Education who shall be appointed by the State Board of Education, with the advice and consent of the Senate, and serve at the board's will and pleasure. He shall possess such qualifications as may be prescribed by law. He shall be the chief administrative officer for the State Department of Education and shall administer the department in accordance with the policies established by the State Board of Education. He shall perform such other duties and receive such compensation as shall be prescribed by law."

III.

Amend the Mississippi Constitution of 1890 by repealing on July 1, 2005, Section 213-A which reads as follows:

"Section 213-A. The state institutions of higher learning now existing in Mississippi, to wit: University of Mississippi, Mississippi State University of Agriculture and Applied Science, Mississippi University for Women, University of Southern Mississippi, Delta State University, Alcorn State University, Jackson State University, Mississippi Valley State University, and any others of like kind which may be hereafter organized or established by the State of Mississippi, shall be under the management and control of a board of trustees to be known as the Board of Trustees of State Institutions of Higher Learning, the members thereof to be appointed by the Governor of the state with the advice and consent of the Senate. The Governor shall appoint only men or women as such members as shall be qualified electors residing in the district from which each is appointed, and at least twenty-five (25) years of age, and of the highest order of intelligence, character, learning, and fitness for the performance of such duties, to the end that such board shall perform the high and honorable duties thereof to the greatest advantage of the people of the state of such educational institutions, uninfluenced by any political considerations. There shall be appointed one (1) member of such board from each congressional district of the state as now existing and one (1) member from each Supreme Court district, and two (2) members shall be appointed from the state at large. The term of office of said trustees herein provided for shall begin May 8, 1944; and it shall be the duty of the Governor to make such appointments during the regular session of the Legislature of Mississippi in 1944; and one-third (1/3) of the membership of said board shall be appointed for a period of four (4) years; one-third (1/3) for a period of eight (8) years; and one-third (1/3) for a period of twelve (12) years; and thereafter their successors shall hold office for a period of twelve (12) years. The members of the board of trustees as constituted at the time this amendment shall be inserted in the Constitution as a part thereof shall continue to hold office until their respective terms expire under existing law, after which time the membership of the board shall consist of the number hereinabove provided for. In case of a vacancy on said board by death or resignation of a member, or from any other cause than the expiration of such member's term of office, the board shall elect his successor, who shall hold office until the end of the next session of the Legislature. During such term of the session of the Legislature the Governor shall appoint the successor member of the board from the district from which his predecessor was appointed, to hold office until the end of the period for which such original trustee was appointed, to the end that one-third (1/3) of such trustees' terms will expire each four (4) years.

The Legislature shall provide by law for the appointment of a trustee for the La Bauve Fund at the University of Mississippi and for the perpetuation of such fund.

Such board shall have the power and authority to elect the heads of the various institutions of higher learning, and contract with all deans, professors and other members of the teaching staff, and all administrative employees of said institutions for a term not exceeding four (4) years; but said board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency or contumacious conduct, but never for political reasons.

Nothing herein contained shall in any way limit or take away the power the Legislature had and possessed, if any, at the time of the adoption of this amendment, to consolidate, abolish or change the status of any of the above named institutions."

BE IT FURTHER RESOLVED, That these proposed amendments shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2002, as provided by Section 273 of the Constitution and by general law, with the amendments in this resolution being voted on as one (1) amendment since the proposed amendments pertain to one (1) subject.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment merges the Board of Trustees of State Institutions of Higher Learning, the State Board for Community and Junior Colleges and the State Board of Education into one governing body responsible for overseeing kindergarten through graduate school education in accordance with state law, effective July 1, 2005."