MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Education
By: Representative Turner
AN ACT TO AMEND SECTION 37-9-15, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF THE LOCAL SCHOOL BOARD TO DESIGNATE A PERSON OTHER THAN THE SUPERINTENDENT OF THE SCHOOL DISTRICT TO RECOMMEND TO THE BOARD INDIVIDUALS FOR EMPLOYMENT AS NEW ASSISTANT SUPERINTENDENTS AND PRINCIPALS; TO AMEND SECTION 37-9-17, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF THE LOCAL SCHOOL BOARD TO DESIGNATE A PERSONNEL SUPERVISOR OR PRINCIPAL EMPLOYED BY THE DISTRICT FOR THE PURPOSE OF RECOMMENDING TO THE SUPERINTENDENT LICENSED OR NONINSTRUCTIONAL EMPLOYEES FOR EMPLOYMENT; TO DELETE THE PROVISIONS THAT SUCH LICENSED OR NONINSTRUCTIONAL EMPLOYEES MUST HAVE BEEN EMPLOYED BY THE DISTRICT AT THE TIME THE SUPERINTENDENT WAS ELECTED OR APPOINTED TO OFFICE; TO DELETE THE PROVISION LIMITING THE COMPENSATION OF NONINSTRUCTIONAL EMPLOYEES TO THE STATEWIDE AVERAGE PAID TO INDIVIDUALS WITH COMPARABLE EXPERIENCE AS ESTABLISHED BY THE STATE DEPARTMENT OF EDUCATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-9-15, Mississippi Code of 1972, is amended as follows:
37-9-15. No later than
February 15 of each year, the superintendent of each school district * * * shall recommend to the school board thereof the
assistant superintendents and principals to be employed for each of the schools
of the districts except in the case of those assistant superintendents and
principals who have been previously employed and who have a contract valid for
the ensuing scholastic year. Unless good reason to the contrary exists, the
school board shall approve and authorize the employment of the assistant
superintendents and principals so recommended. If, for any reason, the school
board shall decline to approve an assistant superintendent or principal so
recommended, the superintendent * * * shall make additional
recommendations for the place or places to be filled.
When the assistant superintendents and principals of the schools have been recommended and approved as provided in the preceding paragraph, the superintendent of such district shall enter into proper contracts with them. At a subsequent meeting he shall report same to the school board and such shall be entered in the minutes.
An interim conservator appointed pursuant to the provisions of Section 37-17-6(14)(a) shall not be required to comply with the time limitations prescribed in this section for recommending and employing assistant superintendents and principals.
SECTION 2. Section 37-9-17, Mississippi Code of 1972, is amended as follows:
37-9-17. (1) On or before
April 1 of each year, the principal of each school shall recommend to the
superintendent of the local school district the licensed employees or
noninstructional employees to be employed for the school involved except those
licensed employees or noninstructional employees who have been previously
employed and who have a contract valid for the ensuing scholastic year. If
such recommendations meet with the approval of the superintendent, the
superintendent shall recommend the employment of such licensed employees or
noninstructional employees to the local school board, and, unless good reason
to the contrary exists, the board shall elect the employees so recommended.
If, for any reason, the local school board shall decline to elect any employee
so recommended, additional recommendations for the places to be filled shall be
made by the principal to the superintendent and then by the superintendent to
the local school board as provided above. * * *
When the licensed employees have been elected as provided in the preceding paragraph, the superintendent of the district shall enter into a contract with such persons in the manner provided in this chapter.
If, at the commencement of the scholastic year, any licensed employee shall present to the superintendent a license of a higher grade than that specified in such individual's contract, such individual may, if funds are available from adequate education program funds of the district, or from district funds, be paid from such funds the amount to which such higher grade license would have entitled the individual, had the license been held at the time the contract was executed.
(2) Superintendents/directors of schools under the purview of the State Board of Education, the superintendent of the local school district and any private firm under contract with the local public school district to provide substitute teachers to teach during the absence of a regularly employed schoolteacher shall require, through the appropriate governmental authority, that current criminal records background checks and current child abuse registry checks are obtained, and that such criminal record information and registry checks are on file for any new hires applying for employment as a licensed or nonlicensed employee at a school and not previously employed in such school under the purview of the State Board of Education or at such local school district prior to July 1, 2000. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The fee for such fingerprinting and criminal history record check shall be paid by the applicant, not to exceed Fifty Dollars ($50.00); however, the State Board of Education, the school board of the local school district or a private firm under contract with a local school district to provide substitute teachers to teach during the temporary absence of the regularly employed schoolteacher, in its discretion, may elect to pay the fee for the fingerprinting and criminal history record check on behalf of any applicant. Under no circumstances shall a member of the State Board of Education, superintendent/director of schools under the purview of the State Board of Education, local school district superintendent, local school board member or any individual other than the subject of the criminal history record checks disseminate information received through any such checks except insofar as required to fulfill the purposes of this section. Any nonpublic school which is accredited or approved by the State Board of Education may avail itself of the procedures provided for herein and shall be responsible for the same fee charged in the case of local public schools of this state. The determination whether the applicant has a disqualifying crime, as set forth in subsection (3) of this section, shall be made by the appropriate governmental authority, and the appropriate governmental authority shall notify the private firm whether a disqualifying crime exists.
(3) If such fingerprinting or criminal record checks disclose a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the new hire shall not be eligible to be employed at such school. Any employment contract for a new hire executed by the superintendent of the local school district or any employment of a new hire by a superintendent/director of a new school under the purview of the State Board of Education or by a private firm shall be voidable if the new hire receives a disqualifying criminal record check. However, the State Board of Education or the school board may, in its discretion, allow any applicant aggrieved by the employment decision under this section to appear before the respective board, or before a hearing officer designated for such purpose, to show mitigating circumstances which may exist and allow the new hire to be employed at the school. The State Board of Education or local school board may grant waivers for such mitigating circumstances, which shall include, but not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; (f) other evidence demonstrating the ability of the person to perform the employment responsibilities competently and that the person does not pose a threat to the health or safety of the children at the school.
(4) No local school district, local school district employee, member of the State Board of Education or employee of a school under the purview of the State Board of Education shall be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this Section 37-9-17.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.