MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Education; Appropriations
By: Representative Denny
AN ACT TO PROVIDE FOR THE ADMINISTRATIVE REORGANIZATION OF PUBLIC SCHOOL DISTRICTS IN MISSISSIPPI INTO 82 DISTRICTS WITH COUNTYWIDE JURISDICTION; TO AMEND SECTION 37-7-103, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER JULY 1, 2012, ALL MUNICIPAL SEPARATE, CONSOLIDATED, LINE CONSOLIDATED AND SPECIAL MUNICIPAL SCHOOL DISTRICTS IN EACH COUNTY SHALL BE ABOLISHED AND MERGED INTO A COUNTYWIDE SCHOOL DISTRICT WITH ONE COUNTY BOARD OF EDUCATION AND ONE APPOINTED COUNTY SUPERINTENDENT OF EDUCATION; TO DIRECT THE STATE BOARD OF EDUCATION TO PUBLISH A CONSOLIDATION LIST OF DISTRICTS AFFECTED IN ORDER TO CREATE A COUNTYWIDE SCHOOL DISTRICT IN EACH COUNTY AND TO REQUIRE ALL SCHOOL DISTRICTS TO COMPLY WITH ADMINISTRATIVE CONSOLIDATION ORDERS ISSUED BY THE STATE BOARD OF EDUCATION; TO PROVIDE FOR THE TRANSFER OF REAL AND PERSONAL PROPERTY OF AFFECTED SCHOOL DISTRICTS; TO PROVIDE FOR EMPLOYEE CONTRACTS IN SCHOOL DISTRICTS SUBJECT TO ADMINISTRATIVE CONSOLIDATION; TO PROVIDE FOR THE DUTY TO PAY THE OUTSTANDING DEBT OF SCHOOL DISTRICTS AFFECTED BY THAT CONSOLIDATION; TO PROVIDE THAT THE ADMINISTRATIVE CONSOLIDATION SHALL NOT REQUIRE THE CLOSING OF ANY SCHOOL OR FACILITY; TO PROVIDE FOR THE RULEMAKING AUTHORITY OF THE STATE BOARD OF EDUCATION REGARDING THAT CONSOLIDATION AND THE SUBMISSION OF THE CONSOLIDATION TO THE UNITED STATES JUSTICE DEPARTMENT; TO AMEND SECTION 37-15-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO CHANGE IN THE ATTENDANCE ZONE OF ANY SCHOOL SHALL BE MADE BY A NEWLY ELECTED COUNTY BOARD OF EDUCATION; TO AMEND SECTIONS 37-5-1, 37-5-7, 37-5-9 AND 37-5-19, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF ALL COUNTY BOARDS OF EDUCATION IN NOVEMBER 2011 AND EVERY FOUR YEARS THEREAFTER FOR FOUR-YEAR TERMS; TO PROVIDE THAT THE ELECTION IS BY SUPERVISORS DISTRICT WITH ALL ELECTORS RESIDING THEREIN ELIGIBLE TO VOTE IN THE ELECTION; TO PROVIDE FOR THE ELECTION OF A MEMBER AT LARGE FROM ANY COUNTY HAVING NO HIGH SCHOOL ATTENDANCE CENTER; TO PROVIDE FOR FILLING VACANCIES TO THE COUNTY BOARD OF EDUCATION; TO AMEND SECTIONS 37-9-13, 37-5-61 AND 37-9-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ON JULY 1, 2012, THE NEWLY ELECTED COUNTY BOARD OF EDUCATION IN ALL COUNTIES SHALL APPOINT A COUNTY SUPERINTENDENT OF EDUCATION TO SUPERVISE ALL SCHOOLS IN THE COUNTY; TO PROVIDE FOR A CONTRACT WITH THE COUNTY SUPERINTENDENT OF EDUCATION FOR UP TO FOUR SCHOLASTIC YEARS; TO AMEND SECTIONS 37-6-3, 37-6-5, 37-6-7, 37-6-9, 37-6-11, 37-6-13, 37-6-15 AND 37-7-301, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 37-57-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF SUPERVISORS SHALL BE THE LEVYING AUTHORITY FOR ALL AD VALOREM TAXES FOR THE SUPPORT OF THE SCHOOL DISTRICT IN THE COUNTY; TO REPEAL SECTIONS 37-7-105 THROUGH 37-7-115, MISSISSIPPI CODE OF 1972, WHICH PROVIDE PROCEDURES FOR THE ABOLITION, ALTERATION AND CREATION OF PUBLIC SCHOOL DISTRICTS BY LOCAL SCHOOL BOARDS AND BY PETITION OF THE ELECTORATE; TO REPEAL SECTION 37-5-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDES CERTAIN RESIDENCY REQUIREMENTS FOR MEMBERS OF COUNTY BOARDS OF EDUCATION; TO REPEAL SECTION 37-5-18, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ELECTION OF MEMBERS OF COUNTY BOARDS OF EDUCATION FROM SPECIAL DISTRICTS; 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 37-5-75, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ELECTION OF COUNTY SUPERINTENDENTS OF EDUCATION; TO REPEAL SECTIONS 37-7-201 THROUGH 37-7-229 AND 37-7-701 THROUGH 37-7-725, MISSISSIPPI CODE OF 1972, WHICH PROVIDE QUALIFICATIONS, ELECTION PROCEDURES, TERMS OF OFFICE, PETITION PROCEDURES, VACANCY PROCEDURES AND OPTIONAL SELECTION METHODS FOR BOARDS OF TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS, CONSOLIDATED SCHOOL DISTRICTS, LINE CONSOLIDATED SCHOOL DISTRICTS AND SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-7-103, Mississippi Code of 1972, is amended as follows:
37-7-103. (1) From and after July 1, 2012, each county in the State of Mississippi shall constitute a school district and shall be known as the "School District of _______________County, Mississippi." Each school district shall constitute a unit for the control, organization and administration of schools. The responsibility for the actual operation and administration of all schools within the districts in conformity with rules and minimum standards prescribed by the state, and also the responsibility for the provision of any desirable and practicable opportunities authorized by the law beyond those required by the state, are delegated by law to the members of the county boards of education, with an appointed county superintendent of education as executive officer for the board.
(2) For purposes of this section, the term "administrative consolidation" means the joining of two (2) or more school districts to create a new single school district in the county with one (1) administrative unit, one (1) school board and one (1) school superintendent, and which is not required to close school facilities. An administratively consolidated school district may not have more than one (1) superintendent of schools. Before February 1, 2012, the State Department of Education shall publish a consolidation list that includes all school districts in the state that are not countywide school districts embracing an entire county. The county board of education shall provide for the administrative consolidation of all school districts in the county into one (1) countywide school district embracing the entire county before July 1, 2012. Any school district on the consolidation list that does not voluntarily consolidate with the countywide school district shall be administratively consolidated by the State Board of Education with the countywide school district in which that district is located before June 1, 2012, to be effective on July 1, 2012. The State Board of Education shall promptly 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 the resulting administrative consolidation into a countywide school district before July 1, 2012. All school districts on the consolidation list must comply with any consolidation order issued by the county board of education or the State Board of Education, as the case may be, before July 1, 2012.
(3) On July 1, 2012, the board of trustees of any municipal separate, special municipal separate, consolidated or line consolidated school district on the administrative consolidation list issued by the State Board of Education shall be abolished. All real and personal property owned or titled in the name of a school district on the administrative consolidation list shall be transferred to the countywide school district of the county in which that school district is located. If a school district is located in two (2) or more counties, the State Board of Education shall issue an order directing the transfer of real and personal property to the appropriate countywide school district. Each school board shall be responsible for establishing the contracts for teachers and principals for the next school year with the consultation of the county board of education. The selection of the county superintendent of education in the successor countywide school district shall be the responsibility of the county board of education. The county board of education shall prepare and approve the budget of the new countywide district, and the county board of education may use staff from the existing districts to prepare the budget. Any proposed order of a county board of education directing the transfer of the assets or real or personal property of a school district on the administrative consolidation list must be submitted and approved by the State Board of Education. The determination of the State Board of Education shall be final and conclusive for the purposes of the transfer of property required by an administrative consolidation. Any person or school district aggrieved by an order of a school board adopted under the requirements of this section may appeal to the State Board of Education within ten (10) days from the date of the adjournment of the meeting at which the order is entered. The appeal shall be de novo, and the findings of the State Board of Education upon that question shall be final and conclusive for the purpose of the approval or disapproval of the action by the board. Any special municipal school district embracing the territory of an entire county shall be abolished on July 1, 2012, and reconstituted as a countywide school district with a county board of education.
(4) When any school district on the administrative consolidation list issued by the State Board of Education is abolished under this section, the abolition shall not impair or release the property of that school district from liability for the payment of the bonds or other indebtedness of the district. It shall be the duty of the board of supervisors of the county to levy taxes on the property of the abolished district from year to year according to the terms of that indebtedness until same shall be fully paid.
(5) This section may not be construed to require the closing of any school or school facility, unless the facility is an unneeded administrative office. All administrative consolidations under this section shall be accomplished so as not to delay or in any manner negatively affect the desegregation of another school district in the county under court order.
(6) In the administratively consolidated countywide school district created under this section, the ad valorem tax rate shall be determined as set forth under Sections 37-57-1 through 37-57-133. No school district administratively consolidated with a school district designated by the State Board of Education as being in academic or fiscal distress or under state conservatorship shall be subject to academic or fiscal distress sanctions for a period of three (3) years from the effective date of the required administrative consolidation.
(7) The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation of school districts required under this section. The State Board of Education formally shall declare the boundary lines of the counties as the new boundaries of the school districts in the State of Mississippi.
SECTION 2. Section 37-15-13, Mississippi Code of 1972, is amended as follows:
37-15-13. When any child qualified under the requirements of Section 37-15-9 * * * applies or presents himself for enrollment in or admission to the public schools of any school district of this state, the county board of education of the school district must have the power and authority to designate the particular school or attendance center of the district in which the child must be enrolled and which he must attend; no enrollment of a child in a school shall be final or permanent until that designation is made by the county board of education. No child shall be entitled to attend any school or attendance center except that to which he has been assigned by the county board of education; however, the principal of a school or superintendent of the district may, in proper cases, permit a child to attend a school temporarily until a permanent assignment is made by the county board of education. No change in the attendance zone of any school or attendance center may be made by a newly elected county board of education that succeeds to the territory of a school district that is administratively consolidated under the requirements of Section 37-7-103.
SECTION 3. Section 37-5-1, Mississippi Code of 1972, is amended as follows:
37-5-1. (1) There is * * * established a county board of education in each county of the State of Mississippi. The county board of education shall consist of five (5) members, one (1) of which * * * shall be elected by the qualified electors of each supervisors district of the county. * * * Each member so elected shall be a resident and qualified elector of the supervisors district from which he is elected.
(2) If an entire county is embraced by a line consolidated district on July 1, 2012, and that county does not have a high school within its boundaries, then the qualified electors of the county shall elect one (1) additional member at large to the county board of education of the county in which the high school age students of the county attend school.
* * *
SECTION 4. Section 37-5-7, Mississippi Code of 1972, is amended as follows:
37-5-7. * * * On the first Tuesday after the first Monday in November 2011 and every four (4) years thereafter, an election shall be held in each county in this state in the same manner as general state and county elections are held and conducted, which elections shall be held for the purpose of electing the county boards of education established under the provisions of this chapter. * * * All * * * members of the board elected in November 2011 shall be elected for a term of four (4) years. All members of the county board of education as herein constituted, shall take office on the first Monday of January following the date of their election.
* * *
SECTION 5. Section 37-5-9, Mississippi Code of 1972, is amended as follows:
[Until the date Section 1, Chapter 470, Laws of 2009, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this section shall read 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 before the date of the general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county residing within each supervisors district. Where there are less than one hundred (100) qualified electors in the supervisors district, it shall only be required that the petition of nomination be signed by at least twenty percent (20%) of the qualified electors of the supervisors district. The candidate in each supervisors district who receives the highest number of votes cast in the district shall be declared elected.
When any member of the county board of education is to be elected from the county at large under the provisions of this chapter, then the petition required by the preceding paragraph hereof shall be signed by the required number of qualified electors residing in any part of the county * * *. The candidate who receives the highest number of votes cast in the election shall be declared elected.
* * *
[From and after the date Section 1, Chapter 470, Laws of 2009, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this section shall read as follows:]
37-5-9. (1) 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 before the date of the general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county residing within each supervisors district. Where there are less than one hundred (100) qualified electors in the supervisors district, it shall only be required that the petition of nomination be signed by at least twenty percent (20%) of the qualified electors of the supervisors district. The candidate in each supervisors district who receives a majority of the votes cast in the district must be declared elected. If no candidate receives a majority of the votes cast in the general election, then the two (2) candidates who receive the highest number of votes cast in the district shall have their names submitted as candidates in a runoff election three (3) weeks after the date of the general election, and the candidate who receives a majority of the votes cast in the district in the runoff election must be declared elected.
(2) When any member of the county board of education is to be elected from the county at large under the provisions of this chapter, then the petition required by subsection (1) of this section shall be signed by the required number of qualified electors residing in any part of the county * * *. The candidate who receives a majority of the votes cast in the county must be declared elected. If no candidate receives a majority of the votes cast in the general election, then the two (2) candidates who receive the highest number of votes cast in the county shall have their names submitted as candidates in a runoff election three (3) weeks after the date of the general election, and the candidate who receives a majority of the votes cast in the county in the runoff election must be declared elected.
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SECTION 6. Section 37-5-19, Mississippi Code of 1972, is amended as follows:
37-5-19. Vacancies in the membership of the county board of education shall be filled by appointment, within sixty (60) days after the vacancy occurs, by the remaining members of the county board of education. The appointee shall be selected from the qualified electors of the supervisors district in which the vacancy occurs, and shall serve until the first Monday of January next succeeding the next general election, at which general election a member shall be elected to fill the remainder of the unexpired term in the same manner and with the same qualifications applicable to the election of a member for the full term.
If the vacancy occurs more than five (5) months before the next general election and the remaining members of the county board of education are unable to agree upon an individual to be appointed, any two (2) of the remaining members may certify the disagreement to the county election commission. Upon the receipt of such a certificate by the county election commission, or any member thereof, the commission shall hold a special election to fill the vacancy, which * * * election, notice thereof and ballot shall be controlled by the laws concerning special elections to fill vacancies in county or county district offices. The person elected at that a special election shall serve for the remainder of the unexpired term.
SECTION 7. Section 37-9-13, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2012, 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 that person * * * holds a valid administrator's license issued by the State Department of Education and has had not less than four (4) years of classroom or administrative experience.
[From and after July 1, 2012, this section will read as follows:]
37-9-13. From and after July 1, 2012, each county school district shall have a county superintendent of education, appointed by the county board of education. No person shall be eligible to the office of county superintendent of education unless that person * * * holds a valid administrator's license issued by the State Department of Education and has had not less than four (4) years of classroom or administrative experience.
SECTION 8. Section 37-5-61, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2012, this section shall read as follows:] 37-5-61. (1) There shall be a county superintendent of education in each county.
(2) The 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, the superintendent shall be the director of all schools in the county outside the municipal separate school districts.
(4) The 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.
[From and after July 1, 2012, this section shall read as follows:]
37-5-61. (1) There shall be a county superintendent of education in each county appointed by the county board of education, as provided in Section 37-9-25.
(2) The 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, the superintendent shall be the director of all schools in the county * * *.
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SECTION 9. Section 37-9-25, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2012, this section shall read as follows:]
37-9-25. The school board shall have the power and authority, in its discretion, to employ the superintendent, unless the 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 the superintendents, principals and licensed employees for the number of years for which they have been employed. All those 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 those cases the licensed employee must be released before July 1 or at least thirty (30) days before the beginning of the school term, whichever date * * * occurs earlier. The salary to be paid for the years after the first year of the 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 the salary is revised before the beginning of a school year, it shall remain for the school year at the amount fixed in the contract. However, where school district funds, other than adequate 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 the year may be increased to the extent that those additional funds are available and nothing in this section shall be construed to prohibit same.
[From and after July 1, 2012, this section shall read as follows:]
37-9-25. The county board of education shall have the power and authority, in its discretion, to employ the county superintendent of education 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 the superintendents, principals and licensed employees for the number of years for which they have been employed. All those 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 those cases the licensed employee must be released before July 1 or at least thirty (30) days before the beginning of the school term, whichever date * * * occurs earlier. The salary to be paid for the years after the first year of the 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 the salary is revised before the beginning of a school year, it shall remain for the school year at the amount fixed in the contract. However, where school district funds, other than adequate 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 the year may be increased to the extent that those additional funds are available and nothing in this section shall be construed to prohibit same.
SECTION 10. Section 37-6-3, Mississippi Code of 1972, is amended as follows:
37-6-3. (1) * * * All school districts in the State of Mississippi shall have the same prerogatives, powers, duties and privileges as provided in this chapter. From and after July 1, 2012, each county shall constitute a school district for the control, organization and administration of schools, and all other school districts shall be abolished as provided in Section 37-7-103.
(2) As used in this chapter and the laws of this state, the term "school board" or "local school board" means * * * the county board of education of any countywide school district in this state * * *.
(3) As used in this chapter and the laws of this state, the term "superintendent" or "superintendent of schools" * * * means * * * the county superintendent of education of any countywide school district in this state whose duties require the supervision of students * * *.
* * *
SECTION 11. Section 37-6-5, Mississippi Code of 1972, is amended as follows:
37-6-5. Each county in the state shall constitute a school district and shall be known as the "School District of ______________County, Mississippi."
SECTION 12. Section 37-6-7, Mississippi Code of 1972, is amended as follows:
37-6-7. Each county school district shall be governed by a county board of education consisting of five (5) members, selected in the manner provided by law.
SECTION 13. Section 37-6-9, Mississippi Code of 1972, is amended as follows:
37-6-9. The county board of education shall organize by the election of a president and a secretary from its membership whose duty it shall be to make reports and to perform all other duties required by law. A majority of the members of the * * * board shall constitute a quorum for the transaction of business. Minutes shall be kept of all meetings of the * * * board showing: (a) The members present and absent;
(b) The date, time and place of the meeting;
(c) An accurate recording of any final actions taken at the meeting;
(d) A record by individual member of any votes taken at the meeting; and
(e) Any other information that the * * * board requests to be reflected in the minutes.
Each member of the * * * board present shall either vote or abstain on every question upon which a vote is taken at any meeting. All action taken by a * * * board shall become official at the time it is taken. All minutes of the * * * board shall be signed by the president of the board, shall be attested by the secretary of the board and shall be adopted by the board at the next regular meeting, or within thirty (30) working days, whichever occurs later.
SECTION 14. Section 37-6-11, Mississippi Code of 1972, is amended as follows:
37-6-11. The county board of education shall meet regularly at the time and at the place as * * * designated by an order entered upon the minutes thereof. Special meetings of county boards of education shall be held upon the call of the president thereof, or upon the call of a majority of the members thereof.
SECTION 15. Section 37-6-13, Mississippi Code of 1972, is amended as follows:
37-6-13. (1) Each person serving as a member of the county board of education shall receive per diem in the amount of Sixty-seven Dollars ($67.00) for no more than thirty-six (36) meetings of the school board during any one (1) fiscal year or, in his or her discretion, irrevocably may choose to receive as compensation for his or her services an annual salary in the amount of Two Thousand Four Hundred Dollars ($2,400.00), which choice shall remain in force for all successive terms or periods of service of that member. The receipt of the compensation shall not entitle any member of a * * * board to receive or be eligible for any state employee group insurance, retirement or other fringe benefits. Each member shall be reimbursed for the necessary expenses and mileage in attending meetings of the * * * board. In addition to the foregoing, all members may be reimbursed for mileage and actual expenses incurred in the further performance of their duties, including attendance at any mandatory * * * board training session or at regional and national education meetings, when the mileage and other expenses are authorized by the board before the date on which they occur. Detailed vouchers shall be submitted for reimbursement for all expenses authorized by this section. The reimbursement shall be in accordance with Section 25-3-41.
Those expenses shall be paid on order of the * * * board by pay certificates issued by the county superintendent of education involved against the funds available for payment of the administrative expense of the district.
(2) (a) If a member of a * * * board misses twenty percent (20%) or more of the meetings of the * * * board during a calendar year, except for absences caused by required military duty, the member must reimburse the school district that portion of the total salary paid to the member that year which is proportionate to the number of meetings missed by the member in relation to the total number of * * * board meetings held during that year. For purposes of this subsection, consideration may be given only to meetings of which public notice is required.
(b) Before February 1 of each year, the president of each county board of education shall submit a report to the State Board of Education containing the names of any members of the * * * board who missed twenty percent (20%) or more of the * * * board meetings during the preceding calendar year.
SECTION 16. Section 37-6-15, Mississippi Code of 1972, is amended as follows:
37-6-15. (1) Before entering upon the discharge of the duties of his office, each member of the county board of education shall give a surety bond in the penal sum of Fifty Thousand Dollars ($50,000.00), with sufficient surety, to be payable, conditioned and approved in the manner provided by law.
(2) The * * * board may execute a blanket surety bond for each school district official and employee (including school business managers and any other employee who receipts and/or disburses school district funds) in the penalty of Fifty Thousand Dollars ($50,000.00), unless a different penalty is prescribed by statute, to be payable, conditioned and approved in the manner provided by law. The premium on the bond shall be paid out of the school district maintenance fund.
SECTION 17. Section 37-7-301, Mississippi Code of 1972, is amended as follows:
37-7-301. The county boards of education shall have the following powers, authority and duties in addition to all others imposed or granted by law, to wit:
(a) To organize and operate the schools of the district and to make such division between the high school grades and elementary grades as, in their judgment, will serve the best interests of the school;
(b) To introduce public school music, art, manual training and other special subjects into either the elementary or high school grades, as the board shall deem proper;
(c) To be the custodians of real and personal school property and to manage, control and care for same, both during the school term and during vacation;
(d) To have responsibility for the erection, repairing and equipping of school facilities and the making of necessary school improvements;
(e) To suspend or to expel a pupil or to change the placement of a pupil to the school district's alternative school or homebound program for misconduct in the school or on school property, as defined in Section 37-11-29, on the road to and from school, or at any school-related activity or event, or for conduct occurring on property other than school property or other than at a school-related activity or event when such conduct by a pupil, in the determination of the county superintendent or principal, renders that pupil's presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole, and to delegate such authority to the appropriate officials of the school district;
(f) To visit schools in the district, in their discretion, in a body for the purpose of determining what can be done for the improvement of the school in a general way;
(g) To support, within reasonable limits, the superintendent, principal and teachers where necessary for the proper discipline of the school;
(h) To exclude from the schools students with what appears to be infectious or contagious diseases; * * * provided, however, the student may be allowed to return to school upon presenting a certificate from a public health officer, duly licensed physician or nurse practitioner that the student is free from the disease;
(i) To require those vaccinations specified by the State Health Officer as provided in Section 41-23-37;
(j) To see that all necessary utilities and services are provided in the schools at all times when same are needed;
(k) To authorize the use of the school buildings and grounds for the holding of public meetings and gatherings of the people under such regulations as may be prescribed by the board;
(l) To prescribe and enforce rules and regulations not inconsistent with law or with the regulations of the State Board of Education for their own government and for the government of the schools, and to transact their business at regular and special meetings called and held in the manner provided by law;
(m) To maintain and operate all of the schools under their control for any length of time during the year as may be required;
(n) To enforce in the schools the courses of study and the use of the textbooks prescribed by the proper authorities;
(o) To make orders directed to the county superintendent of education for the issuance of pay certificates for lawful purposes on any available funds of the district and to have full control of the receipt, distribution, allotment and disbursement of all funds provided for the support and operation of the schools of the school district whether the funds are derived from state appropriations, local ad valorem tax collections, or otherwise. The county school board of education shall be authorized and empowered to promulgate rules and regulations that specify the types of claims and set limits of the dollar amount for payment of claims by the county superintendent of education to be ratified by the board at the next regularly scheduled meeting after payment has been made;
(p) To select all school district personnel in the manner provided by law, and to provide for any employee fringe benefit programs, including accident reimbursement plans, as may be deemed necessary and appropriate by the board;
(q) To provide athletic programs and other school activities and to regulate the establishment and operation of those programs and activities;
(r) To join, in their discretion, any association of school boards and other public school-related organizations, and to pay from local funds other than adequate education program funds, any membership dues;
(s) To expend local school activity funds, or other available school district funds, other than adequate education program funds, for the purposes prescribed under this paragraph. "Activity funds" shall mean all funds received by school officials in all school districts paid or collected to participate in any school activity, that activity being part of the school program and partially financed with public funds or supplemented by public funds. The term "activity funds" shall not include any funds raised and/or expended by any organization unless commingled in a bank account with existing activity funds, regardless of whether the funds were raised by school employees or received by school employees during school hours or using school facilities, and regardless of whether a school employee exercises influence over the expenditure or disposition of the funds. Organizations shall not be required to make any payment to any school for the use of any school facility if, in the discretion of the county board of education, the organization's function is deemed to be beneficial to the official or extracurricular programs of the school. For the purposes of this provision, the term "organization" shall not include any organization subject to the control of the * * * board. Activity funds may only be expended for any necessary expenses or travel costs, including advances, incurred by students and their chaperons in attending any in-state or out-of-state school-related programs, conventions or seminars and/or any commodities, equipment, travel expenses, purchased services or school supplies that the * * * board, in its discretion, * * * deems beneficial to the official or extracurricular programs of the district, including items that may later become the personal property of individuals, including yearbooks, athletic apparel, book covers and trophies. Activity funds may be used to pay travel expenses of school district personnel. The county board of education shall be authorized and empowered to promulgate rules and regulations specifically designating for what purposes school activity funds may be expended. The * * * board shall provide the following:
(i) That the school activity funds shall be maintained and expended by the principal of the school generating the funds in individual bank accounts; or
(ii) That the school activity funds shall be maintained and expended by the county superintendent of education in a central depository approved by the board.
The * * * board shall provide that the school activity funds be audited as part of the annual audit required in Section 37-9-18. The State Department of Education shall prescribe a uniform system of accounting and financial reporting for all school activity fund transactions;
(t) To contract, on a shared savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as provided for in Section 31-7-14, not to exceed ten (10) years;
(u) To maintain accounts and issue pay certificates on school food service bank accounts;
(v) (i) To lease a school building from an individual, partnership, nonprofit corporation or a private for-profit corporation for the use of such school district, and to expend funds therefor as may be available from any * * * sources other than adequate education program funds. The county board of education desiring to lease a school building shall declare by resolution that a need exists for a school building and that the school district cannot provide the necessary funds to pay the cost or its proportionate share of the cost of a school building required to meet the present needs. The resolution so adopted by the * * * board shall be published once each week for three (3) consecutive weeks in a newspaper having a general circulation in the school district involved, with the first publication thereof to be made not less than thirty (30) days before the date upon which the * * * board is to act on the question of leasing a school building. If no petition requesting an election is filed before a meeting as hereinafter provided, then the school board may, by resolution spread upon its minutes, proceed to lease a school building. If at any time before the meeting a petition signed by not less than twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of the school district involved is filed with the * * * board requesting that an election be called on the question, then the * * * board shall, not later than the next regular meeting, adopt a resolution calling an election to be held within the school district upon the question of authorizing the * * * board to lease a school building. The election shall be called and held, and notice thereof shall be given, in the same manner for elections upon the questions of the issuance of the bonds of school districts, and the results thereof shall be certified to the * * * board. If at least three-fifths (3/5) of the qualified electors of the school district who voted in the election * * * vote in favor of the leasing of a school building, then the * * * board shall proceed to lease a school building. The term of the lease contract shall not exceed twenty (20) years, and the total cost of the lease shall be either the amount of the lowest and best bid accepted by the * * * board after advertisement for bids or an amount not to exceed the current fair market value of the lease as determined by the averaging of at least two (2) appraisals by certified general appraisers licensed by the State of Mississippi. The term "school building" as used in this paragraph (v)(i) shall be construed to mean any building or buildings used for classroom purposes in connection with the operation of schools and shall include the site therefor, necessary support facilities, and the equipment thereof and appurtenances thereto such as heating facilities, water supply, sewage disposal, landscaping, walks, drives and playgrounds. The term "lease" as used in this paragraph (v)(i) may include a lease/purchase contract;
(ii) If two (2) or more school districts propose to enter into a lease contract jointly, then joint meetings of the county boards of education having control may be held but no action taken shall be binding on any of those school district unless the question of leasing a school building is approved in each participating school district under the procedure hereinabove set forth in paragraph (v)(i). All of the provisions of paragraph (v)(i) regarding the term and amount of the lease contract shall apply to the county boards of education acting jointly. Any lease contract executed by two (2) or more school districts as joint lessees shall set out the amount of the aggregate lease rental to be paid by each, which may be agreed upon, but there shall be no right of occupancy by any lessee unless the aggregate rental is paid as stipulated in the lease contract. All rights of joint lessees under the lease contract shall be in proportion to the amount of lease rental paid by each;
(w) To employ all noninstructional and nonlicensed employees and fix the duties and compensation of those personnel deemed necessary according to the recommendation of the county superintendent of education;
(x) To employ and fix the duties and compensation of any legal counsel as deemed necessary;
(y) Subject to rules and regulations of the State Board of Education, to purchase, own and operate trucks, vans and other motor vehicles, which shall bear the proper identification required by law;
(z) To expend funds for the payment of substitute teachers and to adopt reasonable regulations for the employment and compensation of those substitute teachers;
(aa) To acquire in its own name by purchase all real property that is necessary and desirable in connection with the construction, renovation or improvement of any public school building or structure. Whenever the purchase price for the real property is greater than Fifty Thousand Dollars ($50,000.00), the county board of education shall not purchase the property for an amount exceeding the fair market value of that property as determined by the average of at least two (2) independent appraisals by certified general appraisers licensed by the State of Mississippi. If the board is unable to agree with the owner of any of that real property in connection with any construction, renovation or improvement project, the board shall have the power and authority to acquire any of that real property by condemnation proceedings under Section 11-27-1 et seq., Mississippi Code of 1972, and for such purpose, the right of eminent domain is * * * conferred upon and vested in the board. * * * The county board of education is authorized to grant an easement for ingress and egress over sixteenth section land or lieu land in exchange for a similar easement upon adjoining land where the exchange of easements affords substantial benefit to the sixteenth section land; * * * however, the exchange must be based upon values as determined by a competent appraiser, with any differential in value to be adjusted by cash payment. Any easement rights granted over sixteenth section land under this authority shall terminate when the easement ceases to be used for its stated purpose. No sixteenth section or lieu land that is subject to an existing lease shall be burdened by any * * * easement authorized under this paragraph except by consent of the lessee or unless the school district * * * acquires the unexpired leasehold interest affected by the easement;
(bb) To charge reasonable fees related to the educational programs of the district, in the manner prescribed in Section 37-7-335;
(cc) Subject to rules and regulations of the State Board of Education, to purchase relocatable classrooms for the use of the school district, in the manner prescribed in Section 37-1-13;
(dd) Enter into contracts or agreements with other school districts, political subdivisions or governmental entities to carry out one or more of the powers or duties of the county board of education, or to allow more efficient utilization of limited resources for providing services to the public;
(ee) To provide for in-service training for employees of the district;
(ff) As part of their duties to prescribe the use of textbooks, to provide that parents and legal guardians shall be responsible for the textbooks and for the compensation to the school district for any books that are not returned to the proper schools upon the withdrawal of their dependent child. If a textbook is lost or not returned by any student who drops out of the public school district, the parent or legal guardian shall also compensate the school district for the fair market value of the textbooks;
(gg) To conduct fund-raising activities on behalf of the school district that the county board of education, in its discretion, deems appropriate or beneficial to the official or extracurricular programs of the district, subject to the following conditions:
(i) Any proceeds of the fund-raising activities shall be treated as "activity funds" and shall be accounted for as are other activity funds under this section; and
(ii) Fund-raising activities conducted or authorized by the board for the sale of school pictures, the rental of caps and gowns or the sale of graduation invitations for which the * * * board receives a commission, rebate or fee shall contain a disclosure statement advising that a portion of the proceeds of the sales or rentals shall be contributed to the student activity fund;
(hh) To allow individual lessons for music, art and other curriculum-related activities for academic credit or nonacademic credit during school hours and using school equipment and facilities, subject to uniform rules and regulations adopted by the * * * board;
(ii) To charge reasonable fees for participating in an extracurricular activity for academic or nonacademic credit for necessary and required equipment such as safety equipment, band instruments and uniforms;
(jj) To conduct or participate in any fund-raising activities on behalf of or in connection with a tax-exempt charitable organization;
(kk) To exercise any powers as may be reasonably necessary to carry out the provisions of this section;
(ll) To expend funds for the services of nonprofit arts organizations or other similar nonprofit organizations that provide performances or other services for the students of the school district;
(mm) To expend federal No Child Left Behind Act funds, or any other available funds that are expressly designated and authorized for that use, to pay training, educational expenses, salary incentives and salary supplements to employees of local school districts; except that incentives shall not be considered part of the local supplement as defined in Section 37-151-5(o), nor shall incentives be considered part of the local supplement paid to an individual teacher for the purposes of Section 37-19-7(1). Mississippi Adequate Education Program funds or any other state funds may not be used for salary incentives or salary supplements as provided in this paragraph (mm);
(nn) To use any available funds, not appropriated or designated for any other purpose, for reimbursement to the state-licensed employees from both in state and out of state, who enter into a contract for employment in a school district, for the expense of moving when the employment necessitates the relocation of the licensed employee to a different geographical area than that in which the licensed employee resides before entering into the contract. The reimbursement shall not exceed One Thousand Dollars ($1,000.00) for the documented actual expenses incurred in the course of relocating, including the expense of any professional moving company or persons employed to assist with the move, rented moving vehicles or equipment, mileage in the amount authorized for county and municipal employees under Section 25-3-41 if the licensed employee used his personal vehicle or vehicles for the move, meals and any other expenses associated with the relocation. No licensed employee may be reimbursed for moving expenses under this section on more than one (1) occasion by the same school district. Nothing in this section shall be construed to require the actual residence to which the licensed employee relocates to be within the boundaries of the school district that has executed a contract for employment in order for the licensed employee to be eligible for reimbursement for the moving expenses. However, the licensed employee must relocate within the boundaries of the State of Mississippi. Any individual receiving relocation assistance through the Critical Teacher Shortage Act as provided in Section 37-159-5 shall not be eligible to receive additional relocation funds as authorized in this paragraph;
(oo) To use any available funds, not appropriated or designated for any other purpose, to reimburse persons who interview for employment as a licensed employee with the district for the mileage and other actual expenses incurred in the course of travel to and from the interview at the rate authorized for county and municipal employees under Section 25-3-41;
(pp) Consistent with the report of the Task Force to Conduct a Best Financial Management Practices Review, to improve school district management and use of resources and identify cost savings as established in Section 8 of Chapter 610, Laws of 2002, county boards of education are encouraged to conduct independent reviews of the management and efficiency of schools and school districts. The management and efficiency reviews shall provide state and local officials and the public with the following:
(i) An assessment of a school district's governance and organizational structure;
(ii) An assessment of the school district's financial and personnel management;
(iii) An assessment of revenue levels and sources;
(iv) An assessment of facilities utilization, planning and maintenance;
(v) An assessment of food services, transportation and safety/security systems;
(vi) An assessment of instructional and administrative technology;
(vii) A review of the instructional management and the efficiency and effectiveness of existing instructional programs; and
(viii) Recommended methods for increasing efficiency and effectiveness in providing educational services to the public;
(qq) To enter into agreements with other county boards of education for the establishment of an educational service agency (ESA) to provide for the cooperative needs of the region in which the school district is located, as provided in Section 37-7-345;
This paragraph shall stand repealed on July 1, 2014.
(rr) To implement a financial literacy program for students in Grades 10 and 11. The board may review the national programs and obtain free literature from various nationally recognized programs. After review of the different programs, the board may certify a program that is most appropriate for the school districts' needs. If a district implements a financial literacy program, then any student in Grade 10 or 11 may participate in the program. The financial literacy program shall include, but is not limited to, instruction in the same areas of personal business and finance as required under Section 37-1-3(2)(b). The county board of education may coordinate with volunteer teachers from local community organizations, including, but not limited to, the following:
(i) United States Department of Agriculture Rural Development;
(ii) United States Department of Housing and Urban Development;
(iii) Junior Achievement;
(iv) Bankers; and
(v) Other nonprofit organizations.
Nothing in this paragraph shall be construed as to require county boards of education to implement a financial literacy program;
(ss) To collaborate with the State Board of Education, Community Action Agencies or the Department of Human Services to develop and implement a voluntary program to provide services for a prekindergarten program that addresses the cognitive, social, and emotional needs of four-year-old and three-year-old children. The county board of education may utilize any source of available revenue to fund the voluntary program;
(tt) With respect to any lawful, written obligation of a school district, including, but not limited to, leases (excluding leases of sixteenth section public school trust land), bonds, notes, or other agreement, to agree in writing with the obligee that the Department of Revenue or any state agency, department or commission created under state law may:
(i) Withhold all or any part (as agreed by the county board of education) of any monies that the board is entitled to receive from time to time under any law and which is in the possession of the Department of Revenue, or any state agency, department or commission created under state law; and
(ii) Pay the same over to any financial institution, trustee or other obligee, as directed in writing by the * * * board, to satisfy all or part of such obligation of the school district.
The * * * board may make the written agreement to withhold and transfer funds irrevocable for the term of the written obligation and may include in the written agreement any other terms and provisions acceptable to the * * * board. If the * * * board files a copy of the written agreement with the Department of Revenue, or any state agency, department or commission created under state law then the Department of Revenue or any state agency, department or commission created under state law shall immediately make the withholdings provided in the agreement from the amounts due the county board of education and shall continue to pay the same over to the financial institution, trustee or obligee for the term of the agreement.
This paragraph (tt) shall not grant any extra authority to a school board to issue debt in any amount exceeding statutory limitations on assessed value of taxable property within the school district or the statutory limitations on debt maturities, and shall not grant any extra authority to impose, levy or collect a tax that is not otherwise expressly provided for, and shall not be construed to apply to sixteenth section public school trust land;
(uu) With respect to any matter or transaction that is competitively bid by a school district, to accept from any bidder as a good faith deposit or bid bond or bid surety, the same type of good faith deposit or bid bond or bid surety that may be accepted by the state or any other political subdivision on similar competitively bid matters or transactions. This paragraph (uu) shall not be construed to apply to sixteenth section public school trust land. The * * * board may authorize the investment of any school district funds in the same kind and manner of investments, including pooled investments, as any other political subdivision, including community hospitals;
(vv) To utilize the alternate method for the conveyance or exchange of unused school buildings and/or land, reserving a partial or other undivided interest in the property, as specifically authorized and provided in Section 37-7-485;
(ww) To delegate, privatize or otherwise enter into a contract with private entities for the operation of any and all functions of nonacademic school process, procedures and operations including, but not limited to, cafeteria workers, janitorial services, transportation, professional development, achievement and instructional consulting services materials and products, purchasing cooperatives, insurance, business manager services, auditing and accounting services, school safety/risk prevention, data processing and student records, and other staff services; however, the authority under this paragraph does not apply to the leasing, management or operation of sixteenth section lands. Local school districts, working through their regional education service agency, are encouraged to enter into buying consortia with other member districts for the purposes of more efficient use of state resources as described in Section 37-7-345;
(xx) To partner with entities, organizations and corporations for the purpose of benefiting the school district;
(yy) To borrow funds from the Rural Economic Development Authority for the maintenance of school buildings; and
(zz) To fund and operate voluntary early childhood education programs, defined as programs for children less than five (5) years of age on or before September 1, and to use any source of revenue for those early childhood education programs. Those programs shall not conflict with the Early Learning Collaborative Act of 2007.
SECTION 18. Section 37-57-1, Mississippi Code of 1972, is amended as follows:
37-57-1. (1) (a) From and after July 1, 2012, the boards of supervisors of the counties shall levy and collect all taxes for and on behalf of all school districts * * *. The taxes shall be collected by the county tax collector at the same time and in the same manner as county taxes are collected by him, and the same penalties for delinquency shall be applicable.
* * *
* * * The county * * * tax collector * * * shall pay those tax collections, except for taxes collected for the payment of the principal of and interest on school bonds or notes and except for taxes collected to defray collection costs, into the school depository and report to the county board of education at the same time and in the same manner as the tax collector makes his payments and reports of other taxes collected by him.
* * *
(b) For the purposes of this chapter and any other laws pertaining to taxes levied or bonds or notes issued for and on behalf of school districts, the term "levying authority" means the board of supervisors of the county * * * of the particular school district * * *.
(2) The levying authority for the school district shall, at the same time and in the same manner as other taxes are levied by the levying authority, levy a tax of not less than twenty-eight (28) mills for the then current fiscal year, less the estimated amount of the yield of the School Ad Valorem Tax Reduction Fund grant to the school district as determined by the State Department of Education or twenty-seven percent (27%) of the basic adequate education program cost for the school district, whichever is a lesser amount, upon all of the taxable property of the county district, as required under Section 37-151-7(2)(a). However, in no case shall the minimum local ad valorem tax effort for any school district be equal to an amount that would require a millage rate exceeding fifty-five (55) mills in that school district. * * * However, * * * if a levying authority is levying in excess of fifty-five (55) mills on July 1, 1997, the levying authority may levy an additional amount not exceeding three (3) mills in the aggregate for the period beginning July 1, 1997, and ending June 30, 2003, subject to the limitation on increased receipts from ad valorem taxes prescribed in Sections 37-57-105 and 37-57-107. Nothing in this subsection shall be construed to require any school district that is levying more than fifty-five (55) mills under Sections 37-57-1 and 37-57-105 to decrease its millage rate to fifty-five (55) mills or less. In making the levy, the levying authority shall levy an additional amount sufficient to cover anticipated delinquencies and costs of collection so that the net amount of money to be produced by the levy shall be equal to the amount that the school district is required to contribute as its * * * minimum local ad valorem tax effort. The tax so levied shall be collected by the tax collector at the same time and in the same manner as other ad valorem taxes are collected by him. The amount of taxes so collected as a result of the levy shall be paid into the district maintenance fund of the school district by the tax collector at the same time and in the same manner as reports and payments of other ad valorem taxes are made by the tax collector, except that the amount collected to defray costs of collection may be paid into the county general fund. The levying authority shall have the power and authority to direct and cause warrants to be issued against the fund for the purpose of refunding any amount of taxes erroneously or illegally paid into the fund where the refund has been approved in the manner provided by law.
SECTION 19. Effective July 1, 2012, Sections 37-7-105, 37-7-107, 37-7-109, 37-7-111, 37-7-113 and 37-7-115, Mississippi Code of 1972, which provide procedures for the abolition, alteration and creation of public school districts by local school boards and by petition of the electorate, are repealed.
SECTION 20. Effective July 1, 2012, Section 37-5-3, Mississippi Code of 1972, which provides certain residency restrictions for members of county boards of education and Section 37-5-18, Mississippi Code of 1972, which provides for the election of members of county boards of education from special districts, are repealed.
SECTION 21. Effective July 1, 2012, 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 and Sections 37-5-63, 37-5-65, 37-5-67, 37-5-69, 37-5-71 and 37-5-75, Mississippi Code of 1972, which provide for the election of county superintendents of education, are repealed.
SECTION 22. Effective July 1, 2012, Sections 37-7-201, 37-7-203, 37-7-204, 37-7-207, 37-7-208, 37-7-209, 37-7-211, 37-7-213, 37-7-215, 37-7-217, 37-7-219, 37-7-221, 37-7-223, 37-7-225, 37-7-227, 37-7-229, 37-7-701, 37-7-703, 37-7-705, 37-7-707, 37-7-709, 37-7-711, 37-7-713, 37-7-715, 37-7-717, 37-7-723 and 37-7-725, Mississippi Code of 1972, which provide qualifications, election procedures, terms of office, petition procedures, vacancy procedures and optional selection methods for boards of trustees of municipal separate school districts, consolidated school districts, line consolidated school districts and special municipal separate school districts, are repealed.
SECTION 23. 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 24. This act shall take effect and be in force from and after July 1, 2011, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended. If it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after July 1, 2011, 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 as extended. Sections 2, 3, 11, 12, 13, 14, 15, 16, 17 and 18 shall take effect and be in force from and after July 1, 2012.