House Bill 1038

AN ACT TO AMEND SECTIONS 37-9-103 AND 37-9-105, MISSISSIPPI CODE OF 1972, TO REDUCE THE PROBATIONARY PERIOD FOR CERTIFIED PERSONNEL UNDER THE EDUCATION EMPLOYMENT PROCEDURES LAW, AND TO PROVIDE THAT ASSISTANT TEACHERS SHALL BE SUBJECT TO THE SAME PROCEDURES FOR NOTIFICATION OF NONREEMPLOYMENT OR NONRENEWAL OF CONTRACT AS OTHER LICENSED TEACHERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-9-103, Mississippi Code of 1972, is amended as follows:

37-9-103. As used in Sections 37-9-101 through 37-9-113, the word "employee" shall include:

(a) Any teacher, principal, superintendentor other professional personnel employed by the local school district for a continuous period of one (1) year with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment; or

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(b) Any assistant teacher employed by the local school district for a continuous period of one (1) year with that district and holding the credential required by the State Department of Education as a prerequisite of employment.

For purposes of Sections 37-9-101 through 37-9-113, the term "days" means calendar days.

SECTION 2. Section 37-9-105, Mississippi Code of 1972, is amended as follows:

37-9-105. In the event that a recommendation is made by the school district not to offer an employee a renewal contract for a successive year, written notice of the proposed nonreemployment stating the reasons for the proposed nonreemployment shall be given no later than the following:

(a) If the employee is a principal, the superintendent, without further board action, shall give notice of nonreemployment on or before March 1; or

(b) If the employee is a teacher, assistant teacher, administrator or other professional educator covered under Sections 37-9-101 through 37-9-113, the superintendent, without further board action, shall give notice of nonreemployment on or before April 15.

An interim conservator appointed pursuant to the provisions of Section 37-17-6(14)(a) or a school board acting on the recommendation of a school district financial advisor appointed pursuant to the provisions of Section 37-9-18 shall not be required to comply with the time limitations prescribed in this section for recommending the reemployment of principals, teachers, administrators or other professional educators.

SECTION 3. This act shall take effect and be in force from and after its passage.