MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Education; Appropriations
By: Senator(s) Chaney
AN ACT RELATING TO THE ADMINISTRATION OF PUBLIC SCHOOL DISTRICTS; TO AMEND SECTIONS 37-5-7 AND 37-5-9, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE COUNTY BOARDS OF EDUCATION AT THE SAME TIME AS GENERAL STATE AND COUNTY ELECTIONS AND TO ESTABLISH A TERM OF FOUR YEARS FOR THAT OFFICE; TO AMEND SECTION 37-7-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MEMBERS OF THE BOARDS OF TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS SHALL BE ELECTED FROM SPECIAL TRUSTEE ELECTION DISTRICTS BY THE QUALIFIED ELECTORS OF THOSE DISTRICTS; TO PROVIDE THAT THE ELECTION SHALL BE HELD EVERY FOUR YEARS IN THE SAME MANNER AND AT THE SAME TIME AS ELECTIONS ARE HELD FOR OTHER MUNICIPAL OFFICERS; TO AMEND SECTIONS 37-7-207 AND 37-7-211, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF CONSOLIDATED SCHOOL DISTRICTS AND LINE CONSOLIDATED SCHOOL DISTRICTS IN THE SAME MANNER AND AT THE SAME TIME AS GENERAL STATE AND COUNTY ELECTIONS AND TO ESTABLISH A TERM OF FOUR YEARS FOR THOSE OFFICES; TO AMEND SECTION 37-7-703, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MEMBERS OF THE BOARDS OF TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS THAT INCLUDE THE ENTIRE COUNTY SHALL BE ELECTED IN THE SAME MANNER AS TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS AT THE SAME TIME AS GENERAL STATE AND COUNTY ELECTIONS ARE HELD; TO AMEND SECTIONS 37-7-711 AND 37-7-713, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS IN THE SAME MANNER AND AT THE SAME TIME AS MUNICIPAL ELECTIONS AND TO ESTABLISH A TERM OF FOUR YEARS FOR THAT OFFICE; TO REPEAL SECTIONS 37-7-204, 37-7-209 AND 37-7-213 THROUGH 37-7-219, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR ELECTING TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS FROM ADDED TERRITORY; TO REPEAL SECTIONS 37-7-221, 37-7-223, 37-7-227 AND 37-7-229, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR ELECTING TRUSTEES OF CONSOLIDATED AND LINE CONSOLIDATED SCHOOL DISTRICTS; TO REPEAL SECTIONS 37-7-705, 37-7-707, 37-7-709, 37-7-715 AND 37-7-717, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR SELECTING TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS; TO AMEND SECTION 37-9-13, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF ALL SUPERINTENDENTS OF SCHOOLS FROM AND AFTER JANUARY 1, 2008, UNLESS THE INCUMBENT COUNTY SUPERINTENDENT OF EDUCATION CHOOSES TO SEEK REELECTION; TO AMEND SECTIONS 37-5-61, 37-5-71 AND 37-9-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTION 37-9-12, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR A REFERENDUM ON THE QUESTION OF RETAINING THE ELECTIVE METHOD OF CHOOSING THE COUNTY SUPERINTENDENT OF EDUCATION; TO REPEAL SECTIONS 37-5-63 THROUGH 37-5-69, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ELECTION OF COUNTY SUPERINTENDENTS OF EDUCATION; TO CODIFY SECTION 37-7-104, MISSISSIPPI CODE OF 1972, TO ADMINISTRATIVELY REORGANIZE THE EXISTING PUBLIC EDUCATION SYSTEM; TO PROVIDE FOR A VOLUNTARY ADMINISTRATIVE REORGANIZATION BY SCHOOL DISTRICTS AND TO PROVIDE FOR A MANDATORY ADMINISTRATIVE REORGANIZATION BY THE STATE BOARD OF EDUCATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-5-7, Mississippi Code of 1972, is amended as follows:
37-5-7. (1) On the first Tuesday after the first Monday in November 2007 and every four (4) years thereafter, an election shall be held in each county in this state in the same manner and at the same time as general state and county elections are held and conducted, * * * for the purpose of electing the county boards of education established under the provisions of this chapter. * * * All members of the county board of education * * * shall take office on the first Monday of January following the date of their election and shall serve for a term of four (4) years. However, in order to provide for an orderly transition, the term of each member of the board serving on the date that Senate Bill No. 2541, 2005 Regular Session, becomes effective that otherwise would expire after the first Monday in January 2008, shall expire on the first Monday of January 2008. Each member of the board whose term expires after the first Monday of January 2005 but before the first Monday of January 2008 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in Section 37-5-19.
(2) On the first Tuesday after the first Monday in November 2007 and every four (4) years thereafter, in any * * * county electing to utilize the authority contained in Section 37-5-1(2), an election shall be held in the same manner and at the same time as general state and county elections are held and conducted, for the purpose of electing the county board of education in that county. * * * All members of the county board of education shall take office on the first Monday of January following the date of their election and shall serve for a term of four (4) years. However, in order to provide for an orderly transition, the term of each member of the board serving on the date that Senate Bill No. 2541, 2005 Regular Session, becomes effective that otherwise would expire after the first Monday in January 2008, shall expire on the first Monday of January 2008. Each member of the board whose term expires after the first Monday of January 2005 but before the first Monday of January 2008 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in Section 37-5-19.
SECTION 2. Section 37-5-9, Mississippi Code of 1972, is amended as follows:
37-5-9. The name of any qualified elector who is a candidate for the county board of education shall be placed on the ballot used in the general elections by the county election commissioners, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county residing within each supervisors district or special county board of education election district, as the case may be. Where there are less than one hundred (100) qualified electors in said supervisors district, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors of such supervisors district or special county board of education election district, as the case may be. The candidate in each supervisors district who receives the highest number of votes cast in the district shall be declared elected.
* * *
In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.
SECTION 3. Section 37-7-203, Mississippi Code of 1972, is amended as follows:
37-7-203. (1) The boards of trustees of all municipal separate school districts created under the provisions of Article 1 of this chapter, either with or without added territory, shall consist of five (5) members. On the first Tuesday after the first Monday in June 2005, and every four (4) years thereafter, an election shall be held in each municipal separate school district in this state, in the same manner and at the same time as the regular municipal elections are held, for the purpose of electing the members of the boards of trustees established under the provisions of this article. All members of the boards of trustees as constituted in this section shall take office on the first Monday of July following the date of their election and shall serve for a term of four (4) years. The five (5) members of the board of trustees shall be elected from trustee election districts by the qualified electors of the district, as provided in this section. The governing authorities of the municipality shall apportion the municipal separate school district, including added territory, into five (5) trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before the effective date of Senate Bill No. 2541, 2005 Regular Session. The municipal governing authorities shall place upon their minutes the boundaries determined for the new five (5) trustee election districts. The municipal governing authorities shall thereafter publish the same in a newspaper having general circulation within the school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the municipal governing authorities, the new district lines shall be effective thereafter. The term of each incumbent trustee serving on the date that Senate Bill No. 2541, 2005 Regular Session, becomes effective that otherwise would expire after the first Monday of July 2005, shall expire on the first Monday of July 2005. Each incumbent trustee whose term expires after the effective date of Senate Bill No. 2541, 2005 Regular Session, but before the first Monday of July 2005 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided by subsection (2) of this section.
(2) Vacancies in the membership of the board of trustees of any municipal separate school district shall be filled by appointment, within sixty (60) days after the vacancy occurs, by the governing authorities of the municipality. The appointee shall be selected from the qualified electors of the district in which the vacancy occurs. The president of the municipal governing authorities shall certify to the Secretary of State the fact of the appointment, and the Governor shall commission the person appointed. If the unexpired term is longer than six (6) months, the appointee shall serve until a successor is elected as provided in this section, unless the vacancy occurs ninety (90) or fewer days before the general election in a year in which an election would normally be held for that office as provided by law, in which case the person appointed shall serve the unexpired portion of the term. The vacancies shall be filled for the unexpired term by the qualified electors at the next regular special election day occurring more than ninety (90) days after the occurrence of the vacancy. The president of the municipal governing authorities, within ten (10) days after the occurrence of the vacancy, shall make an order, in writing, directed to the commissioners of election, directing an election to be held on the next regular special election day to fill the vacancy. The election commissioners shall require each candidate to qualify at least sixty (60) days before the date of the election, and shall give a certificate of election to the person elected, and shall return to the Secretary of State a copy of the order of holding the election and the results of the election, certified by the president of the municipal governing authorities. The Governor shall commission the person elected. The election shall be held in the same manner provided for other municipal office vacancies.
However, where only one (1) person has qualified with the commissioners of election to be a candidate within the time provided by law, the commissioners of election shall certify to the municipal governing authorities that there is only one (1) candidate. The municipal governing authorities shall dispense with the election and shall appoint the certified candidate to fill the unexpired term. The president of the municipal governing authorities shall certify to the Secretary of State the candidate so appointed to serve in the office and the Governor shall commission the candidate. If no person has qualified at least sixty (60) days before the date of the election, the commissioners of election shall certify that fact to the municipal governing authorities, which shall dispense with the election and fill the vacancy by appointment. The president of the municipal governing authorities shall certify to the Secretary of State the fact of the appointment, and the Governor shall commission the appointed person.
SECTION 4. Section 37-7-207, Mississippi Code of 1972, is amended as follows:
37-7-207. (1) All school districts reconstituted or created under the provisions of Article 3 of this chapter, and which lie wholly within one (1) county, but not including municipal separate and countywide districts, shall be governed by a board of five (5) trustees. The first board of trustees of such districts shall be appointed by the county board of education, and the original appointments shall be so made that one (1) trustee shall be appointed to serve until the first Saturday of March following such appointments, 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. After such original appointments, the trustees of such school districts shall be elected by the qualified electors of such school districts in the manner provided for in this section and Section 37-7-225, with each trustee to be elected for a term of four (4) years. The five (5) members of the board of trustees of such consolidated school district shall be elected from special trustee election districts by the qualified electors thereof, as herein provided. The board of trustees of any such consolidated school district shall apportion the consolidated school district into five (5) special trustee election districts. The board of trustees of such school district shall place upon its minutes the boundaries determined for the new five (5) trustee election districts. The board of trustees shall thereafter publish the same in a newspaper of general circulation within the school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the board of trustees, the new district lines shall thereafter be effective.
On the first Tuesday after the first Monday in November 2007 and every four (4) years thereafter, in each consolidated school district * * * an election shall be held in the same manner and at the same time as general state and county elections are held and conducted, for the purpose of electing the board of trustees of such district. At the election, the members of the * * * board * * * shall be elected for a term of four (4) years. However, in order to provide for an orderly transition, the term of each member of the board serving on the date that Senate Bill No. 2541, 2005 Regular Session, becomes effective that otherwise would expire after the first Monday in January 2008, shall expire on the first Monday of January 2008. Each member of the board whose term expires after the first Monday of January 2005 but before the first Monday of January 2008 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in this paragraph. All members of the * * * board of trustees shall take office on the first Monday of January following the date of their election. All vacancies which may occur during a term shall be filled by appointment of the consolidated school district trustees, but the person so appointed shall serve only until the next general election following such appointment, at which time a person shall be elected for the remainder of the unexpired term at the same time and in the same manner as a trustee is elected for the full term then expiring. The person so elected to the unexpired term shall take office immediately. The appointee shall be selected from the qualified electors of the district in which the vacancy occurs.
(2) All school districts reconstituted and created under the provisions of Article 3 of this chapter, which embrace territory in two (2) or more counties, but not including municipal separate school districts, shall be governed by a board of five (5) trustees. In making the original appointments, the several county boards of education shall appoint the trustee or trustees to which the territory in such county is entitled, and, by agreement between the county boards concerned, one (1) person shall be appointed to serve until the first Saturday of March following, 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. Thereafter, such trustees shall be elected in the manner provided for in this section and Section 37-7-225, for a term of four (4) years. The five (5) members of the board of trustees of such Line Consolidated School District shall be elected from special trustee election districts by the qualified electors thereof, as herein provided. The existing board of trustees of such Line Consolidated School District shall apportion the Line Consolidated School District into five (5) special trustee election districts. The board of trustees shall place upon its minutes the boundaries determined for the new five (5) trustee election districts. The board of trustees shall thereafter publish the same in a newspaper of general circulation within the school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the board of trustees, the new district lines shall thereafter be effective. Provided, however, that in any Line Consolidated School District encompassing two (2) or more counties created pursuant to Laws, 1953, Extraordinary Session, Chapter 12, Section 8, in which, as a condition precedent to the creation of said district, each county belonging thereto was contractually guaranteed to always have at least one (1) representative on said board, in order that said condition precedent may be honored and guaranteed, in any year in which the board of trustees of such Line Consolidated School District does not have at least one (1) member from each county or part thereof forming such district, the board of trustees in such district shall be governed by a board of a sufficient number of trustees to fulfill this guarantee, five (5) of whom shall be elected from the five (5) special trustee election districts which shall be as nearly equal as possible and one (1) member trustee appointed at large from each county not having representation on the elected board. In such cases, the board of supervisors of each county shall make written agreement to guarantee the manner of appointment of at least one (1) representative from each county in the district, placing such written agreement on the minutes of each board of supervisors in each county.
On the first Tuesday after the first Monday in November 2007 and every four (4) years thereafter, in each Line Consolidated School District * * * an election shall be held in the same manner and at the same time as general state and county elections are held and conducted, for the purpose of electing the board of trustees of such district. At the election, the members of the * * * board * * * shall be elected for a term of four (4) years. However, in order to provide for an orderly transition, the term of each member of the board serving on the date that Senate Bill No. 2541, 2005 Regular Session, becomes effective that otherwise would expire after the first Monday in January 2008, shall expire on the first Monday of January 2008. Each member of the board whose term expires after the first Monday of January 2005 but before the first Monday of January 2008 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in this paragraph. All members of the * * * board of trustees shall take office on the first Monday of January following the date of their election. In all elections, the trustee elected shall be a resident and qualified elector of the district entitled to the representation upon the board, and he shall be elected only by the qualified electors of such district. All vacancies which may occur during a term of office shall be filled by appointment of the consolidated line school district trustees, but the person so appointed shall serve only until the next general election following such appointment, at which time a person shall be elected for the remainder of the unexpired term at the same time and in the same manner as the trustee is elected for the full term then expiring. The person so elected to the unexpired term shall take office immediately.
SECTION 5. Section 37-7-211, Mississippi Code of 1972, is amended as follows:
37-7-211. Any person otherwise eligible under the provisions of subsection (1) of Section 37-7-203 who shall desire to be a candidate for the office of trustee must qualify in the following manner in order to be allowed to be considered for election. By 5:00 p.m. at least forty (40) days before the election he shall file with the office of the superintendent of the municipal separate school district, or the special municipal separate school district, as the case may be, a petition signed by not less than fifty (50) qualified electors of the area represented by the office which he seeks, either for a full term or an unexpired term, as the case may be, and an affidavit by the candidate offering for election stating his qualifications under the terms of said sections. Where there are less than one hundred (100) qualified electors in said area represented by the trustee, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors in said area. The petition shall contain an affidavit certifying that all signatures are the personal signatures of each person whose name appears on the petition and that each person is a qualified elector.
Unless the petition and affidavit required above shall be filed by 5:00 p.m. not less than forty (40) days prior to the election, the name of the candidate shall not be considered in the election, and votes cast for any person who has failed to qualify shall not be counted in the election.
If after the time for candidates to file the petition and affidavit provided for herein there should be only one (1) person to qualify for the office of trustee, then no election or notice of election shall be necessary and such person shall, if otherwise qualified, be declared elected without opposition.
SECTION 6. Section 37-7-703, Mississippi Code of 1972, is amended as follows:
37-7-703. The boards of trustees of all * * * special municipal separate school districts which embrace the entire county regardless of whether a majority of the inhabitants of the county reside within or outside the corporate limits of the municipality, shall consist of five (5) members. On the first Tuesday after the first Monday in November 2007 and every four (4) years thereafter, an election shall be held in the same manner and at the same time as general state and county elections are held and conducted, for the purpose of electing the members of the boards of trustees in all special municipal separate school districts that embrace the entire county. All members of the boards of trustees of special municipal separate school districts as constituted in this section shall take office on the first Monday of January following the date of their election and shall serve for a term of four (4) years. Vacancies in the membership of the board of trustees of any special municipal separate school district shall be filled in the manner provided in subsection (2) of Section 37-7-203. The five (5) members of the board of trustees shall be elected from trustee election districts by the qualified electors of the district, as provided in this section. The governing authorities of the municipality shall apportion the municipal separate school district, including added territory, into five (5) trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before the effective date of Senate Bill No. 2541, 2005 Regular Session. The municipal governing authorities shall place upon their minutes the boundaries determined for the new five (5) trustee election districts. The municipal governing authorities shall thereafter publish the same in a newspaper having general circulation within the school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the municipal governing authorities, the new district lines shall be effective thereafter. The term of each incumbent trustee serving on the date that Senate Bill No. 2541, 2005 Regular Session, becomes effective that otherwise would expire after the first Monday of January 2008, shall expire on the first Monday of January 2008. Each incumbent trustee whose term expires after the first Monday of January 2005 but before the first Monday of January 2008 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in subsection (2) of Section 37-7-203.
SECTION 7. Section 37-7-711, Mississippi Code of 1972, is amended as follows:
37-7-711. In all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality or less than the entire county, the name of any qualified elector who is a candidate for the board of trustees of such special municipal separate school district, whether such person be a candidate for an unexpired term or for a full term, shall be placed on the ballot used in the elections, provided that the candidate files with the county election commissioners, not more than ninety days and not less than thirty days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the trustee election district. Where there are less than one hundred (100) qualified electors in the trustee election district, it shall only be required that such petition of nomination be signed by at least twenty percent (20%) of the qualified electors of the trustee election district. The candidate in each election who receives the highest number of votes cast in the election shall be declared to have been elected.
SECTION 8. Section 37-7-713, Mississippi Code of 1972, is amended as follows:
37-7-713. (1) In all special municipal separate school districts where the district embraces less than the entire area of the county and where the majority of the educable children of such district reside outside the limits of the municipality, * * * the * * * special municipal separate school district shall be governed by a board of trustees consisting of five (5) members, to be elected by the qualified electors of such municipal separate school district * * * in the manner provided by this section. On the first Tuesday after the first Monday in June 2005, and every four (4) years thereafter, an election shall be held in each special municipal separate school district as constituted in this section, in the same manner and at the same time as the regular municipal elections are held and conducted, for the purpose of electing the members of the boards of trustees established under the provisions of this section. All members of the boards of trustees as constituted in this section shall take office on the first Monday of July following the date of their election and shall serve for a term of four (4) years. The five (5) members of the board of trustees shall be elected from trustee election districts by the qualified electors of the district, as provided in this section. The governing authorities of the municipality shall apportion the special municipal separate school district into five (5) special trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before the effective date of Senate Bill No. 2541, 2005 Regular Session. The municipal governing authorities shall place upon their minutes the boundaries determined for the new five (5) trustee election districts. The municipal governing authorities shall thereafter publish the same in a newspaper having general circulation within the school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the municipal governing authorities, the new district lines shall be effective thereafter. The term of each incumbent trustee serving on the date that Senate Bill No. 2541, 2005 Regular Session, becomes effective that otherwise would expire after the first Monday of July 2005, shall expire on the first Monday of July 2005. Each incumbent trustee whose term expires after the effective date of Senate Bill No. 2541, 2005 Regular Session, but before the first Monday of July 2005 shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided by subsection (2) of Section 37-7-203.
(2) Vacancies in the membership of the board of trustees of any special municipal separate school district as constituted in this section shall be filled in the manner provided by subsection (2) of Section 37-7-203.
SECTION 9. Sections 37-7-204, 37-7-209, 37-7-213, 37-7-215, 37-7-217 and 37-7-219, Mississippi Code of 1972, which provide certain methods for electing trustees of municipal separate school districts from added territory, are repealed.
SECTION 10. Sections 37-7-221, 37-7-223, 37-7-227 and 37-7-229, Mississippi Code of 1972, which provide certain methods for electing trustees of consolidated and Line Consolidated School Districts, are repealed.
SECTION 11. Sections 37-7-705, 37-7-707, 37-7-709, 37-7-715 and 37-7-717, Mississippi Code of 1972, which provide certain methods for selecting trustees of special municipal separate school districts, are repealed.
SECTION 12. Section 37-9-13, Mississippi Code of 1972, is amended as follows:
[Until December 31, 2007, this section will read as follows:]
37-9-13. Each school district shall have a superintendent of schools, selected in the manner provided by law. No person shall be eligible to the office of superintendent of schools unless such person shall hold a valid administrator's license issued by the State Department of Education and shall have had not less than four (4) years of classroom or administrative experience.
[From and after January 1, 2008, this section will read as follows:]
37-9-13. (1) In all public school districts, except in countywide school districts wherein the incumbent county superintendent of education chooses to seek reelection, the school board shall appoint the superintendent of schools of such district. Any county superintendent of education serving on July 1, 2007, may choose to seek reelection, and if he is reelected in the manner provided by law, the office of county superintendent of education shall remain an elective office in such county until the incumbent vacates the office or is not reelected. If the incumbent vacates the office prior to the expiration of the term, the office of superintendent shall become an appointed office beginning immediately. If the incumbent is not reelected, the office of superintendent shall become an appointed office at the end of the four-year term of the person who was elected.
(2) No person shall be eligible to the office of superintendent of schools unless such person shall hold a valid administrator's license issued by the State Department of Education and shall have had not less than four (4) years of classroom or administrative experience.
SECTION 13. Section 37-5-61, Mississippi Code of 1972, is amended as follows:
[In counties wherein the county superintendent of education serving on July 1, 2007, chooses to seek reelection and is reelected, this section shall read as follows:]
37-5-61. (1) There shall be a county superintendent of education in each county.
(2) Said superintendent shall serve as the executive secretary of the county board of education, but shall have no vote in the proceedings before the board and no voice in fixing the policies thereof.
(3) In addition, said superintendent shall be the director of all schools in the county outside the municipal separate school districts.
(4) Said superintendent shall be elected at the same time and in the same manner as other county officers are elected and shall hold office for a term of four (4) years.
[In counties wherein the county superintendent of education serving on July 1, 2007, chooses not to seek reelection, this Section 37-5-61 shall have no force or effect.]
SECTION 14. Section 37-5-71, Mississippi Code of 1972, is amended as follows:
[In counties wherein the county superintendent of education serving on July 1, 2007, chooses to seek reelection and is reelected, this section shall read as follows:]
37-5-71. (1) The county superintendents of education shall be elected in the manner prescribed by the provisions of this chapter, unless such office be made appointive as provided in this chapter, in which case the county superintendent shall be appointed by the county board of education or by the trustees of a separate school district embracing an entire county with a population of fifteen thousand (15,000) or less, as provided in subsection (2) of Section 37-7-203. In all cases he shall have such qualifications as prescribed by Section 37-9-13 and receive such compensation as established under Section 37-9-37.
(2) All qualified electors residing within any municipal separate or special municipal separate school district shall not vote in the election for the county superintendent of education:
(a) In all counties of the second class which have a population, according to the 1960 federal decennial census of at least thirty-three thousand (33,000) and less than thirty-four thousand (34,000), and having a city located therein which is the Southern Division of the A.T.&S.F. Railroad Company;
(b) In all counties of the fourth class which have a population, according to the 1960 federal decennial census, in excess of twenty-six thousand (26,000) and less than twenty-seven thousand (27,000), and having located therein the Mississippi State University of Agriculture and Applied Science;
(c) In all counties of the first class which have a population, according to the 1960 federal decennial census, in excess of forty-six thousand (46,000) and less than forty-seven thousand (47,000), and having located therein the Mississippi University for Women;
(d) In any county bordering on the Mississippi Sound and having a population in excess of one hundred thousand (100,000), according to the 1960 federal decennial census, and having an assessed valuation in excess of Seventy Million Dollars ($70,000,000.00);
(e) In any county having a population in excess of eight thousand (8,000) and less than nine thousand (9,000), and having an assessed valuation in excess of Five Million Dollars ($5,000,000.00) but less than Six Million Dollars ($6,000,000.00) in 1960;
(f) In any county having a population in excess of twenty-two thousand (22,000) and less than twenty-three thousand (23,000) in 1960, and having a total assessed valuation in excess of Thirteen Million Dollars ($13,000,000.00) in 1960;
(g) In any county having a population in excess of fifty-nine thousand (59,000) but less than sixty thousand (60,000), according to the 1960 federal decennial census;
(h) In any county bordered on the east by the Alabama line and on the south by the Mississippi Sound;
(i) In any county where Mississippi Highway 35 crosses U.S. Highway 80 and whose population, according to the 1960 regular census, was between twenty-one thousand (21,000) and twenty-two thousand (22,000), and in which there are located four (4) or more chicken packing plants, one (1) zipper plant and one or more factories manufacturing Sunbeam electrical appliances;
(j) In any county having a population of twenty-six thousand one hundred ninety-eight (26,198) according to the 1970 census wherein Highways 51 and 84 intersect;
(k) In any county having a municipal separate school district lying therein, having a population in excess of twenty-one thousand (21,000) but less than twenty-one thousand five hundred (21,500), according to the 1960 decennial census, and having a combined assessed valuation in 1963 in excess of Sixteen Million Nine Hundred Thousand Dollars ($16,900,000.00) but less than Seventeen Million Dollars ($17,000,000.00) according to the State Tax Commission's compilation;
(l) In any county where Mississippi Highway 15 crosses Mississippi Highway 16, whose population was more than twenty thousand (20,000) and less than twenty-one thousand (21,000), according to the regular 1960 census, and within which there is located a Choctaw Indian reservation and school operated by the United States government;
(m) In any county where U.S. Highway 45W Alternate intersects Mississippi Highway 50, and having a population of eighteen thousand nine hundred thirty-three (18,933), according to the 1960 federal census;
(n) In any county having a population in excess of forty thousand five hundred (40,500), according to the 1960 federal decennial census, wherein U.S. Highways 78 and 45 intersect, and wherein there is a United States fish hatchery;
(o) In any county being traversed by Mississippi Highway 15 and U.S. Interstate Highway 20;
(p) In all counties wherein there is located a national military park and a national cemetery;
(q) In any county where U.S. Highway 82 crosses U.S. Interstate Highway 55 and having a population of twelve thousand three hundred eighty-seven (12,387) according to the 1990 federal decennial census;
(r) In any county where U.S. Highway 49E and U.S. Highway 82 intersect, and having a population of thirty-seven thousand three hundred forty-one (37,341) according to the 1990 federal decennial census.
In any such county, however, the county superintendent of education may be a resident of a municipal separate school district or special municipal separate school district.
(3) The qualified electors residing within the municipal separate school districts shall not participate in the election of the county superintendent of education:
(a) In any county having a population of more than twenty-seven thousand (27,000) and less than twenty-eight thousand (28,000) and containing therein a municipality having a population in excess of three thousand (3,000), according to the 1960 federal decennial census;
(b) In any Class 1 county wherein is located a state-supported university and a National Guard camp, and in which Interstate Highway 59 and U.S. Highway 49 intersect;
(c) In any Class 4 county having two (2) judicial districts, wherein is partially located a national forest, and wherein Mississippi Highways 8 and 15 intersect;
(d) In any Class 2 county, the southern boundary of which partially borders on the State of Louisiana, traversed by U.S. Highway 98 which intersects Mississippi Highway 13, with a land area of five hundred fifty (550) square miles and having a population of twenty-three thousand two hundred ninety-three (23,293) in the 1960 federal decennial census;
(e) In any county bordering on the Gulf of Mexico or the Mississippi Sound having therein a test facility operated by the National Aeronautics and Space Administration;
(f) In any county having a population in excess of twenty-seven thousand one hundred seventy-nine (27,179) according to the 1970 federal decennial census, wherein U.S. Highways 45 and 72 intersect; and
(g) In any Class 1 county bordering on the Pearl River in which U.S. Highway 80 intersects Mississippi Highway 18 and having a population, according to the federal decennial census of 1970, of forty-three thousand nine hundred thirty-three (43,933).
(4) The county superintendent of education, with the approval of the county board of education by its first having adopted a resolution of approval and spread upon its minutes, shall be elected from the county at large, exclusive of the municipal separate school district boundaries:
(a) In any county bordering on the State of Tennessee having a land area of seven hundred ten (710) square miles, wherein is located part of a national forest, and wherein U.S. Highway 78 and Mississippi Highway 7 intersect;
(b) In any Class 4 county wherein is located the state's oldest state-supported university, in which Mississippi Highways 6 and 7 intersect; and
(c) In any county having a population in excess of seventeen thousand (17,000) and less than eighteen thousand (18,000), according to the 1970 federal decennial census, wherein Mississippi Highways 6 and 9 intersect.
(5) In any county having a municipality of between forty-nine thousand (49,000) and fifty thousand (50,000) population according to the 1960 federal census, and adjoining the Alabama line, wherein U.S. Highways 80 and 45 intersect, the qualified electors residing within any municipal separate school district shall not participate in the election of the county superintendent of education, and such county superintendent of education shall not be a resident of a municipal separate school district.
(6) In any county traversed by the Natchez Trace Parkway wherein U.S. Highway 45 and Mississippi Highway 4 intersect and having a population of seventeen thousand nine hundred forty-nine (17,949) according to the 1960 federal census, the qualified electors residing within any municipal separate school district shall not participate in the election of the county superintendent of education, and such county superintendent of education shall not be a resident of a municipal separate school district.
[In counties wherein the county superintendent of education serving on July 1, 2007, chooses not to seek reelection, this Section 37-5-71 shall have no force and effect.]
SECTION 15. Section 37-9-25, Mississippi Code of 1972, is amended as follows:
[Until December 31, 2007, this section will read as follows:]
37-9-25. (1) The school board shall have the power and authority, in its discretion, to employ the superintendent, unless such superintendent is elected, for not exceeding four (4) scholastic years and the principals or licensed employees for not exceeding three (3) scholastic years. In such case, contracts shall be entered into with such superintendents, principals and licensed employees for the number of years for which they have been employed. All such contracts with licensed employees shall for the years after the first year thereof be subject to the contingency that the licensed employee may be released if, during the life of the contract, the average daily attendance should decrease from that existing during the previous year and thus necessitate a reduction in the number of licensed employees during any year after the first year of the contract. However, in all such cases the licensed employee must be released before July 1 or at least thirty (30) days prior to the beginning of the school term, whichever date should occur earlier. The salary to be paid for the years after the first year of such contract shall be subject to revision, either upward or downward, in the event of an increase or decrease in the funds available for the payment thereof, but, unless such salary is revised prior to the beginning of a school year, it shall remain for such school year at the amount fixed in such contract. However, where school district funds, other than minimum education program funds, are available during the school year in excess of the amount anticipated at the beginning of the school year the salary to be paid for such year may be increased to the extent that such additional funds are available and nothing herein shall be construed to prohibit same.
(2) From and after July 1, 2005, no salary of an elected or appointed superintendent may be increased without the written approval of the State Board of Education, spread upon its minutes. The State Board of Education shall develop guidelines for setting the salaries of school superintendents based upon the size of the student population and staff.
[From and after January 1, 2008, this section will read as follows:]
37-9-25. (1) The school board shall have the power and authority, in its discretion, to employ the superintendent * * * for not exceeding four (4) scholastic years and the principals or licensed employees for not exceeding three (3) scholastic years. In such case, contracts shall be entered into with such superintendents, principals and licensed employees for the number of years for which they have been employed. All such contracts with licensed employees shall for the years after the first year thereof be subject to the contingency that the licensed employee may be released if, during the life of the contract, the average daily attendance should decrease from that existing during the previous year and thus necessitate a reduction in the number of licensed employees during any year after the first year of the contract. However, in all such cases the licensed employee must be released before July 1 or at least thirty (30) days prior to the beginning of the school term, whichever date should occur earlier. The salary to be paid for the years after the first year of such contract shall be subject to revision, either upward or downward, in the event of an increase or decrease in the funds available for the payment thereof, but, unless such salary is revised prior to the beginning of a school year, it shall remain for such school year at the amount fixed in such contract. However, where school district funds, other than minimum education program funds, are available during the school year in excess of the amount anticipated at the beginning of the school year the salary to be paid for such year may be increased to the extent that such additional funds are available and nothing herein shall be construed to prohibit same.
(2) From and after July 1, 2005, no salary of an appointed superintendent may be increased without the written approval of the State Board of Education, spread upon its minutes. The State Board of Education shall develop guidelines for setting the salaries of school superintendents based upon the size of the student population and staff.
SECTION 16. Section 37-9-12, Mississippi Code of 1972, which provides for a referendum on the question of retaining the elective method of choosing the county superintendent of education, is hereby repealed.
SECTION 17. Sections 37-5-63, 37-5-65, 37-5-67 and 37-5-69, Mississippi Code of 1972, which provide for the election of county superintendents of education, are hereby repealed.
SECTION 18. The following shall be codified as Section 37-7-104, Mississippi Code of 1972:
37-7-104. (1) Definitions. As used in this section:
(a) "Administrative annexation" means the joining of an affected school district or a part of the school district with a receiving district;
(b) "Administrative consolidation" means the joining of two (2) or more school districts to create a new single school district with one (1) administrative unit and one (1) school board that is not required to close school facilities;
(c) "Affected district" means a school district that loses territory or students as a result of administrative annexation or consolidation;
(d) (i) "Average daily attendance" means the total number of days attended plus the total number of days absent by students in grades kindergarten through twelve (K-12) during the first three (3) quarters of each school year divided by the number of school days actually taught in the district during that period of time rounded up to the nearest hundredth;
(ii) Students who may be counted for average daily membership are:
1. Students who reside within the boundaries of the school district and who are enrolled in a public school operated by the district or a private school for special education students, with their attendance resulting from a written tuition agreement approved by the State Department of Education;
2. Legally transferred students living outside the district but attending a public school in the district; and
3. Students who reside within the boundaries of the school district and who are enrolled in the Mississippi National Guard Youth Challenge Program, so long as the students are participants in the program;
(e) "Consolidated average daily membership" means the sum of the average daily attendance for each school district included in a consolidation;
(f) "National school lunch students" means those students from low socio-economic backgrounds as indicated by the eligibility for free or reduced-priced meals under the National School Lunch Act as calculated on October 1 of each year and submitted to the State Department of Education;
(g) "Receiving district" means a school district or districts that receive territory, students or both, from an affected district as a result of administrative annexation; and
(h) "Resulting district" means the new school district created from an affected district or districts as a result of administrative consolidation.
(2) Administrative consolidation list. By February 1, 2006, and each February 1 thereafter, the State Department of Education shall publish a consolidation list that includes all school districts with fewer than six hundred (600) students according to the district's average daily membership in each of the two (2) school years immediately preceding the current school year.
(3) Administrative reorganization.
(a) (i) Any school district included in the State Department of Education's consolidation list pursuant to subsection (2) may voluntarily agree to administratively consolidate with or be annexed to another district or districts in accordance with the requirements and limitations of this section.
(ii) 1. Any school district on the consolidation list choosing to voluntarily administratively consolidate or annex shall submit a petition for approval to the State Board of Education by April 1 immediately following publication of the list and shall set forth the terms of the administrative consolidation or annexation agreement in the plan.
2. If the petition is approved by the State Board of Education, the administrative consolidation or annexation shall be completed by June 1, to be effective on the July 1 immediately following the publication of the list required under subsection (2).
(iii) Any school district on the consolidation list that does not submit a petition pursuant to subsection (3)(a)(ii)1 or that does not receive approval by the State Board of Education for a voluntary consolidation or annexation petition shall be administratively consolidated by the State Board of Education with or into one or more school districts by June 1, to be effective on the July 1 immediately following the publication of the list required under subsection (2).
(iv) The State Board of Education shall promptly consider petitions or move on its own motion to administratively consolidate a school district on the consolidation list in order to enable the affected school districts to reasonably accomplish any resulting administrative consolidation or annexation by July 1 immediately following the publication of the list required under subsection (2).
(v) The State Board of Education shall not deny the petition for voluntary administrative consolidation or annexation of any two (2) or more school districts unless:
1. The provisions contained in the articles of administrative consolidation or annexation would violate state or federal law; or
2. The voluntary consolidation or annexation would not contribute to the betterment of the education of students in the districts.
(b) Any school district required to be administratively consolidated under this section shall be administratively consolidated in such a manner as to create a resulting district with an average daily membership meeting or exceeding six hundred (600).
(c) All administrative consolidations or annexations under this section shall be accomplished so as not to create a school district that hampers, delays or in any manner negatively affects the desegregation of another school district in this state.
(d) In the administratively consolidated or annexed school districts created under this section, the ad valorem tax rate shall be determined as set forth under Section 31-57-1 et seq.
(e) Nothing in this section shall be construed to require the closing of any school or school facility.
(f) No administratively consolidated or annexed school district shall have more than one (1) superintendent.
(g) No school district administratively consolidated with a school district designated by the State Board of Education as being in academic or fiscal distress shall be subject to academic or fiscal distress sanctions for a period of three (3) years from the effective date of consolidation unless:
(i) The school district fails to meet minimum teacher salary requirements; or
(ii) The school district fails to comply with the Standards for Accreditation of Mississippi Public Schools issued by the State Department of Education.
(h) Noncontiguous school districts may voluntarily consolidate if:
(i) 1. The facilities and physical plant of each school district are within the same county; and
2. The State Board of Education approves the administrative consolidation; or
(ii) 1. The facilities and physical plant of each school district are not within the same county; and
2. The State Board of Education approves the administrative consolidation or annexation and finds that:
a. The consolidation or annexation will result in the overall improvement in the educational benefit to students in all of the school districts involved; or
b. The consolidation or annexation will provide a significant advantage in transportation costs or service to all of the school districts involved.
(i) Contiguous districts may administratively consolidate even if they are not in the same county.
(j) The State Board of Education shall promulgate rules to facilitate the administration of this section.
(4) Administrative consolidation assistance funds.
(a) The state shall pay administrative consolidation assistance funds to each school district that:
(i) Is administratively consolidated or annexed by the State Board of Education under this section by July 1, 2006; or
(ii) 1. Has an average daily membership of at least six hundred (600) and no more than seven hundred fifty (750) for each of the two (2) school years preceding the school year in which the administrative consolidation or annexation petition is filed; and
2. Voluntarily petitions and receives approval from the State Board of Education to administratively consolidate or annex prior to July 1, 2006.
(b) Administrative consolidation assistance funds shall be paid in an amount equal to:
(i) Eight Hundred Dollars ($800.00) multiplied times the consolidated average daily membership; plus
(ii) Seven Hundred Dollars ($700.00) multiplied times the consolidated national school lunch student total.
(c) (i) Administrative consolidation assistance funds may be used by the school districts for any purpose.
(ii) However, the State Board of Education by rule may require funds to be expended on the construction or improvement of school facilities.
(d) The funds shall be paid to the resulting administratively consolidated or annexed school districts during the first year of the consolidated or annexed district's existence.
(5) Charter schools. The provisions of this section shall not apply to charter schools in existence on the effective date of this act or to schools achieving charter status by June 1, 2006.
SECTION 19. 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 20. 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.