MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Constitution

By: Representative Baker (74th), Moore

House Concurrent Resolution 48

    A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO SECTIONS 202 AND 203, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE FOR THE APPOINTMENT OF THE STATE SUPERINTENDENT OF PUBLIC EDUCATION BY THE GOVERNOR; TO ABOLISH THE STATE BOARD OF EDUCATION; 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:

                                 I.

     Amend Section 202, Mississippi Constitution of 1890, to read as follows:

          "Section 202.  (1)  Until January 1, 2007, 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. 

     (2)  From and after January 1, 2007, there shall be a State Superintendent of Public Education who shall be appointed by the Governor, with the advice and consent of the Senate, and serve at the Governor's will and pleasure.

     (3)  The State Superintendent of Public Education shall possess such qualifications as may be prescribed by law.  The State Superintendent shall be the chief administrative officer for the State Department of Education and shall administer the department and establish the policies of the departmentThe State Superintendent shall perform such other duties and receive such compensation as shall be prescribed by law."                 

                                II.

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

        "Section 203.  From and after January 1, 2007, the State Board of Education shall be abolished and the powers and duties of the State Board of Education shall be performed by the State Superintendent of Public Education."

     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 2006, 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 provides that beginning January 1, 2007, the Governor shall appoint the State Superintendent of Public Education, with the advice and consent of the Senate, who will serve at the Governor's will and pleasure.  The amendment also abolishes the State Board of Education and transfers all the board's powers and duties to the State Superintendent of Public Education."