MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Education

By: Representatives Mayo, Dixon

House Bill 825

AN ACT TO AMEND SECTION 37-9-12, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL SCHOOL DISTRICTS IN WHICH THE SUPERINTENDENT IS ELECTED TO HOLD AN ELECTION IN NOVEMBER 2015 ON THE QUESTION OF CHANGING FROM THE ELECTIVE TO THE APPOINTIVE METHOD OF SELECTING THE SCHOOL DISTRICT SUPERINTENDENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-9-12, Mississippi Code of 1972, is amended as follows:

     37-9-12.  The qualified electors of any * * * county school district having an elected * * * county superintendent of education on July 1, * * * 19862015, shall decide at the November * * * 1988 2015 general election whether:  (a) to continue to have such office elected, or (b) to * * * abolish such office of countychange from the elective to the appointive method of selecting the superintendent of education * * * in the countyfor that school district.  * * * Provided, however, that no such referendum shall be held on the office of administrative superintendent in a county having an administrative superintendent as defined in Section 37‑6‑3, Mississippi Code of 1972.  The county board of supervisors * * * of such counties shall publish notice of * * * said the election once a week for at least three (3) consecutive weeks prior to the November * * * 1988 2015 general election in at least one (1) newspaper published or circulated in such county.  The first publication of the notice may not be made less than twenty-one (21) days before the date fixed for the election, and the last publication may not be made more than seven (7) days before that date.  If no newspaper is published in the county in which the school district is situated, then the notice must be published in a newspaper having a general circulation in that county.  The proposition shall be submitted to a vote of all registered, qualified electors residing outside the territory of any municipal separate or special municipal separate school district located within such county.  Such election shall be held in the same manner as other elections are held in the county.  The ballot used at the election must have printed thereon a brief statement of the purpose of the election and the words "FOR CHANGING FROM THE ELECTIVE TO THE APPOINTIVE METHOD OF SELECTING THE SUPERINTENDENT OF EDUCATION IN THE ________ SCHOOL DISTRICT," and "AGAINST CHANGING FROM THE ELECTIVE TO THE APPOINTIVE METHOD OF SELECTING THE SUPERINTENDENT OF EDUCATION IN THE ________ SCHOOL DISTRICT."  The voter shall vote by placing a cross (X) or checkmark (ü) opposite his choice on the question.  If a majority of the registered, qualified electors who voted in such election vote in favor of the abolition of * * * such the office of elected superintendent, then the change in the selection method shall be approved, and such abolishment shall be effective at the end of * * * any regularthe term of office * * * or whenever a vacancy shall occur in said officeexpiring in January 2016.  However, if a majority of the registered, qualified electors who vote in the election vote against the question, the change in the selection method shall not be approved. 

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.