MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Education

By: Representative Martinson

House Bill 35

AN ACT TO AMEND SECTION 37-3-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER THE RATIFICATION OF SECTION 202, MISSISSIPPI CONSTITUTION OF 1890, AS AMENDED BY HOUSE CONCURRENT RESOLUTION NO. ____, 2013 REGULAR SESSION, THE INDIVIDUAL SELECTED TO HOLD OFFICE OF THE STATE SUPERINTENDENT OF PUBLIC EDUCATION SHALL BE APPOINTED BY THE GOVERNOR; TO PROVIDE FURTHER THAT THE SALARY OF THE STATE SUPERINTENDENT OF PUBLIC EDUCATION SHALL BE ESTABLISHED BY THE STATE PERSONNEL BOARD; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-3-9, Mississippi Code of 1972, is amended as follows:

[Until the time that Section 202, Mississippi Constitution of 1890, as amended by House Concurrent Resolution No. _____, 2013 Regular Session, is ratified by the qualified electorate of the State of Mississippi, this section shall read as follows:]

     37-3-9.  (1) There shall be a State Superintendent of Public Education who shall be appointed by the State Board of Education, with the advice and consent of the Senate, and serve at the board's will and pleasure.  He shall be the Chief Administrative Officer for the State Department of Education and shall administer the department in accordance with the policies established by the State Board of Education.  The State Superintendent of Public Education, serving on July 1, 2011, shall continue to receive the salary that he was receiving on January 1, 2011.  From and after the completion of the term of the said superintendent serving on July 1, 2011, the salary of the State Superintendent of Public Education shall be established by the State Board of Education.  The State Superintendent of Public Education shall have at least a master's degree in any field and a minimum of five (5) years' experience in administration in the educational field.

     (2)  The State Superintendent of Public Education shall give bond in the penalty of Seventy-five Thousand Dollars ($75,000.00), with sureties to be approved by the Governor, conditioned according to law.  The bond, when approved, shall be filed and recorded in the Office of the Secretary of State.

[From and after the time that Section 202, Mississippi Constitution of 1890, as amended by House Concurrent Resolution No. _____, 2013 Regular Session, is ratified by the qualified electorate of the State of Mississippi, this section shall read as follows:]

     37-3-9.  (1) There shall be a State Superintendent of Public Education who shall be appointed by the * * *State Board of Education Governor, with the advice and consent of the Senate, and serve at the * * *board's Governor's will and pleasure.  He shall be the Chief Administrative Officer for the State Department of Education and shall administer the department in accordance with the policies established by the * * * State Board of EducationOffice of the Governor.  * * * The State Superintendent of Education, serving on July 1, 2011, shall continue to receive the salary that he was receiving on January 1, 2011.  From and after the completion of the term of the said superintendent serving on July 1, 2011, the The salary of the State Superintendent of Public Education shall be established by the State Personnel Board * * * of Education.  The State Superintendent of Public Education shall have at least a master's degree in any field and a minimum of five (5) years' experience in administration in the educational field.

     (2)  The State Superintendent of Public Education shall give bond in the penalty of Seventy-five Thousand Dollars ($75,000.00), with sureties to be approved by the Governor, conditioned according to law.  The bond, when approved, shall be filed and recorded in the Office of the Secretary of State.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2013.

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