MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Education

By: Senator(s) Tollison

Senate Bill 2159

AN ACT TO AMEND SECTIONS 37-27-79, 37-27-81, 37-27-83, 37-27-87 AND 37-27-89, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER JULY 1, 2015, THE HINDS AGRICULTURAL HIGH SCHOOL SHALL BE DISCONTINUED AND THE STUDENTS, PROPERTY AND FUNDS SHALL BE TRANSFERRED TO THE APPROPRIATE COUNTY SCHOOL DISTRICT IN THE HOME COUNTY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-27-79, Mississippi Code of 1972, is amended as follows:

     37-27-79. * * *  (1)  The State Board of Education shall review and develop a report relating to the need for a separate board of trustees and separate administrative office for the Coahoma Agricultural High School, the Forrest Agricultural High School and the Hinds Agricultural High School and shall submit this finding with recommendations for any necessary legislation to the Chairmen of the Senate and House Education Committees on or before December 1, 2012, for consideration in the 2013 Regular Session.  Said report shall include any necessary recommendations for the consolidation and transfer of administrative offices, transfer of real and personal property, and transfer of students from such agricultural high school to the appropriate school district.

(2)  Any agricultural high school in this state (whether maintained by one (1) county or more than one (1) county) may be abolished when twenty percent (20%) of the qualified electors residing in such county or counties shall file a petition with the board of supervisors or boards of supervisors of such county or counties, and request that such school be abolished.  Thereupon, the question shall be submitted to an election of the qualified electors of the county or counties within not less than thirty (30) days nor more than sixty (60) days after the next meeting of the board of supervisors or boards of supervisors after the filing of the petition.  At such election said electors may vote for abolishing the agricultural high school or against abolishing the agricultural high school.  If a majority of the votes cast in such election be in favor of abolishing such school, then such school shall be abolished.  If less than a majority of those voting fail to vote for abolishing such school then it shall not be abolished but shall be supported and maintained as now provided by law.  When an election is called under this section and the school is not abolished, then another election cannot be held for a period of two (2) years.

     Effective July 1, 2015, the Hinds Agricultural High School shall be transferred to and administratively consolidated with the Hinds County School District.  The former board of trustees of the said agricultural high school shall be abolished on July 1, 2015.  Except as otherwise provided herein, all real and personal property which is owned or titled in the name of the said agricultural high schools shall be transferred to the appropriate countywide school district.  The students attending the said agricultural high school shall be deemed to be students of the school district where they reside.  The Hinds County Board of Education may, in its discretion, continue the operations of the Hinds Agricultural High School, and the students may be allowed to continue to attend said agricultural high schools.  The Hinds County Board of Education is authorized and empowered, in its discretion, to close Hinds Agricultural High School and transfer its students to another high school in the county with sufficient space to accommodate the students who had attended the agricultural high school.

     In the event that Hinds Agricultural High School is closed after the merger with the Hinds County School District, all real property titled to Hinds Agricultural High School will become the property of the Hinds Community College District.  The cost of transferring title will be paid by Hinds Community College.  All real property titled to Hinds Community College and utilized by the Hinds Agricultural High School will remain the real property of Hinds Community College.  All property other than real property, including, without limitation, personal property, to include furniture, teaching supplies, technology, computers, equipment, equipment for extracurricular activities, and all such similar items purchased for the Hinds Agricultural High School using monies designated for Hinds Agricultural High School, will become the property of the Hinds County School District.  Without limiting the immediately preceding sentence, all nondisposable sports and/or extracurricular equipment (i.e., football helmets, shoulder pads, baseball bats and helmets, and band equipment used by Hinds Agricultural High School) will become the property of the Hinds County School District.

     The Hinds County Board of Education shall be responsible for establishing the contracts for teachers and principals for the next school year following the required administrative consolidation of the agricultural high school if its operation is to be continued.  It shall be the responsibility of the successor county board of education to prepare and approve the budget of the agricultural high school if its operation is to be continued, and the county board of education may use staff from the former agricultural high school to prepare the budget.  Any proposed order of the successor county board of education directing the transfer of the assets, real or personal property of an affected agricultural high school shall be submitted and approved by the State Board of Education.  The finding of the State Board of Education shall be final and conclusive for the purpose of the transfer of property required by such administrative consolidation.  Any person aggrieved by an order of the successor county board of education pursuant to the required administrative consolidation of an agricultural high school may appeal therefrom to the State Board of Education within ten (10) days from the date of the adjournment of the meeting at which such order is entered.  Such appeal shall be de novo, and the finding of the State Board of Education upon such question shall be final and conclusive for the purpose of the approval or disapproval of the action by said county board of education.  When any agricultural high school is abolished under the provisions of this section, the abolition thereof shall not impair or release the property of such former agricultural high school from liability for the payment of the bonds or other indebtedness of such agricultural high school and it shall be the duty of the board of supervisors of said county to continue to levy taxes on the property of said county from year to year according to the terms of such indebtedness until same shall be fully paid.

     For the initial two (2) years following the administrative consolidation required by this section, the State Department of Education may grant a waiver of accountability and state assessment requirements to the school district where the student resides for the student population enrolled therein from the former agricultural high school when determining the new school district accreditation level on the performance and accountability rating model.

     In the event that Hinds Agricultural High School is closed after the merger with the Hinds County School District, any student who is enrolled at the Hinds Agricultural High School when the closure is effected may receive two (2) diplomas upon successful completion of all graduation requirements of the Hinds County School District:  one (1) diploma to be the official completion with the Hinds County School District, the second to be a courtesy diploma reflecting graduation from Hinds Agriculture High School.

     SECTION 2.  Section 37-27-81, Mississippi Code of 1972, is amended as follows:

     37-27-81.  When an agricultural high school is abolished under the provisions of Section 37-27-79, as amended by the provisions of this act, then it shall be the duty of the * * * board of supervisors or boards of supervisors, county board of education to advertise the sale of and to sell all of the property of such school to the highest bidders for cash.  The proceeds of such sale shall be used to pay off any outstanding indebtedness of such school.  If there is a balance after paying all outstanding indebtedness then such balance shall be paid into the county school fund of such county or counties. 

     In the event the proceeds of the sale of the property of such school are not sufficient to pay all outstanding indebtedness of such school, then the board or boards of supervisors of such county or counties shall levy a tax on the property of the county or counties sufficient to pay the outstanding indebtedness when it becomes due.

     Alternatively, the * * * board of supervisors county board of education may transfer any part or all of such property to * * *any the countywide school district in said county.

     SECTION 3.  Section 37-27-83, Mississippi Code of 1972, is amended as follows:

     37-27-83.  The board of trustees of any Agricultural High School in the state, which on account of loss or destruction of school property by fire, storm, or other like unforeseen disaster, can no longer be maintained and operated successfully, is, with the approval of the * * * board of supervisors, appropriate county board of education, hereby authorized to sell and dispose of the lands, buildings, and other property belonging to such school, and place the proceeds derived from the sale of same to the credit of the county common school fund.

     Sale of said property may be made at public or private sale on such terms as the board of trustees may elect, subject to the approval of the * * * board of supervisors county board of education.  In case of sale on credit, the deferred payments shall be evidenced by notes payable to the county, for the benefit of the county common school fund and shall bear interest at a rate of not less than six percent (6%) per annum, and the county shall have a lien on the property for the purchase-money, as against all persons, until paid.

     The deed or deeds of conveyance shall be executed by the president or chairman and the secretary of the board of trustees, pursuant to an order of the board of trustees, entered on its minutes, and pursuant to an order of approval by the * * * board of supervisors county board of education entered on its minutes, and when so executed shall be fully effective to convey title to said property.

     SECTION 4.  Section 37-27-87, Mississippi Code of 1972, is amended as follows:

     37-27-87.  In the event any such school is permanently discontinued, as provided for in Section * * * 37‑27‑83 37-27-79, the board of trustees of such school and the * * * board of supervisors county board of education of the county in which such school is located, are further authorized to transfer to the county common school fund of the county all funds on hand in the county treasury or depository to the credit of such school, including all maintenance funds and other funds belonging to such school.  In case the school thus discontinued shall be a joint school maintained by two (2) counties, as now provided by law, the school funds belonging to such school and the proceeds derived from the sale of school property shall be divided between the counties interested in proportion to the amount of funds contributed by each county to the establishment and maintenance of such school.

     SECTION 5.  Section 37-27-89, Mississippi Code of 1972, is amended as follows:

     37-27-89.  All funds placed to the credit of the county common school fund, under the provisions of Sections 37-27-79, 37-27-83 * * *, and 37-27-87, shall be distributed in the same manner as is provided for the distribution of the county common school funds, and shall be used for the support and maintenance of the public schools of the county.

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2014.