Senate Bill 2448

(COMMITTEE SUBSTITUTE)

AN ACT TO PROVIDE THAT IN THE LEFLORE COUNTY AND GREENWOOD MUNICIPAL SEPARATE SCHOOL DISTRICTS THERE SHALL BE AN ADMINISTRATIVE CONSOLIDATION INTO ONE SCHOOL DISTRICT TO BE DESIGNATED AS THE GREENWOOD LEFLORE SCHOOL DISTRICT, WHICH SHALL BE A COUNTYWIDE SCHOOL DISTRICT EFFECTIVE JULY 1, 2015; TO PROVIDE FOR THE COMPOSITION OF THE BOARD OF EDUCATION OF THE NEW GREENWOOD LEFLORE SCHOOL DISTRICT; TO DIRECT THE STATE BOARD OF EDUCATION TO ADMINISTRATIVELY CONSOLIDATE ANY SCHOOL DISTRICT WHICH DOES NOT VOLUNTARILY FOLLOW THE CONSOLIDATION ORDER; TO ABOLISH THE FORMER SCHOOL DISTRICTS FOLLOWING THE ADMINISTRATIVE CONSOLIDATION AND PROVIDE FOR THE TRANSFER OF SCHOOL DISTRICT ASSETS AND LIABILITIES; TO PROVIDE FOR EXECUTION OF TEACHER AND SCHOOL DISTRICT EMPLOYEE CONTRACTS AND THE PREPARATION OF A SCHOOL DISTRICT BUDGET IN THE NEW SCHOOL DISTRICT; TO DIRECT THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS TO IMPLEMENT SUCH ADMINISTRATIVE CONSOLIDATION; TO PROVIDE A TWO-YEAR WAIVER FROM ACCOUNTABILITY AND STATE ASSESSMENT REQUIREMENTS FOR THE NEW STUDENT POPULATION; TO AMEND SECTIONS 37-7-103 AND 37-5-7, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) In Leflore County, Mississippi, in which are located, as of January 1, 2014, two (2) school districts, there shall be an administrative consolidation of both school districts in the county into one (1) new countywide school district to be designated as Greenwood Leflore School District which shall consist of the territory of the former Leflore County School District and the Greenwood Municipal Separate School District, effective on July 1, 2015. At such time that the administrative consolidation becomes effective, the central administrative office of the Greenwood Leflore School District shall be located in Greenwood, Mississippi.

(2) On or before September 1, 2014, the State Board of Education shall serve the Board of Education of the Leflore County School District and the Board of Trustees of the Greenwood Municipal Separate School District with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section. The State Board of Education shall provide for the administrative consolidation of Leflore County School District and the Greenwood Municipal Separate School District on or before July 1, 2015. In the new Greenwood Leflore School District, there shall be a new board of education comprised of five (5) members selected as follows: (a) the Mayor and City Council of the City of Greenwood shall appoint three (3) of the five (5) members, each to be selected for a term of four (4) years; and (b) two (2) members to be elected for a term of four (4) years by the electors of Leflore County residing outside of the Greenwood corporate limits who shall be residents of that territory and who shall be elected in a November 2014 special election which shall be called by the Governor for that purpose. All subsequent members of the board elected from the territory outside of the Greenwood corporate limits shall be elected for a term of four (4) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective member or members. All elected and appointed members shall take office on the first Monday of January following the date of their election or appointment. The State Board of Education shall declare that the territory embraced by Leflore County, Mississippi, shall be the boundary lines for the territory of the new Greenwood Leflore School District and shall spread a legal description of the new school district on the minutes of its August 2014 meeting and shall serve the applicable school boards and the board of supervisors with an adequate legal description of these new boundaries. It shall be the responsibility of the State Board of Education with the assistance of the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) to apportion the territory of the new school district into five (5) new board of education election districts. The State Board of Education shall thereafter publish the same in some newspaper of general circulation in said counties for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the school boards of each appropriate school district in the counties, said new district lines will thereafter be effective for the November 2014 special election. Any school board member of the former school districts residing in the proper election district shall be eligible for election to the new Board of Education for the Greenwood Leflore School District. The board of education of the new school district shall reapportion the board of education districts in accordance with the procedure described in Section 37-5-1(2), Mississippi Code of 1972, as is necessary as soon as practicable after the 2020 decennial census are published and as soon as practicable after every decennial census thereafter. Any school district affected by the required administrative consolidation in the county that does not voluntarily consolidate as ordered by the State Board of Education shall be administratively consolidated by the State Board of Education, to be effective immediately upon action of the State Board of Education. The State Board of Education shall promptly move on its own motion to administratively consolidate a school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation into the Greenwood Leflore School District by July 1, 2015, following the motion to consolidate. The affected school districts shall comply with any consolidation order issued by the State Board of Education.

(3) On July 1, 2015, following the motion of the State Board of Education to consolidate school districts in Leflore County and the Greenwood Municipal Separate School Districts, the Leflore County and the Greenwood Municipal Separate School Districts shall be abolished. All real and personal property which is owned or titled in the name of the school district located in such former school district shall be transferred to the Greenwood Leflore School District. The Board of Education of the Greenwood Leflore School District shall be responsible for establishing the contracts for teachers, principals, clerical and administrative staff personnel for the 2015-2016 school year and thereafter. The superintendent and assistant superintendent(s) of schools of the former Leflore County School District and the Greenwood Municipal Separate School District may continue to serve in like administrative capacities of the Greenwood Leflore School District, but in no instance shall the administrative leadership of the Greenwood Leflore School District exceed three (3) assistant superintendents. No superintendent serving in a school district designated as an under-performing school district or placed under conservatorship shall be eligible for appointment as a superintendent or assistant superintendent in the Greenwood Leflore School District. Likewise, no trustee serving in a school district designated as an under-performing school district or placed under conservatorship shall be eligible for election to the new Board of Education of the Greenwood Leflore School District. It shall be the responsibility of the new board of education to prepare and approve the budget of the respective new reorganized district, and the board of education may use staff from the former school districts to prepare the budget. Any proposed order of the State Board of Education directing the transfer of the assets, real or personal property of an affected school district in the county, shall be final and conclusive for the purposes of the transfer of property required by such administrative consolidation.

(4) Nothing in this section shall be construed to require the closing of any school or school facility, unless the facility is an unneeded administrative office located within a school district which has been abolished under the provisions of this section. 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 pursuant to court order.

(5) The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation of the school districts in Leflore County and Greenwood, Mississippi, pursuant to this section. The consolidated district shall make an election within one (1) year of consolidation concerning the group term life insurance described in Section 25-15-9(7).

(6) For the initial two (2) years following the administrative consolidation required by this section, the State Department of Education shall grant a waiver of accountability and state assessment requirements to the Greenwood Leflore School District for the student population enrolled therein from the former Leflore County School District and the Greenwood Municipal Separate School District, when determining the new consolidated school district accreditation level based on the performance and accountability rating model.

(7) The county board of education and Superintendent of Education of the Leflore County School District and the Board of Trustees and Superintendent of the Greenwood Municipal Separate School District shall collaborate with the State Department of Education, as soon as practicable after the effective date of this act, for the planning and transition of programs, services and alignment of curriculum for the administratively consolidated school districts.

SECTION 2. Section 37-7-103, Mississippi Code of 1972, is amended as follows:

37-7-103. From and after July 1, 1987, the school board of any school district shall have full jurisdiction, power and authority, at any regular meeting thereof or at any special meeting called for that purpose, to abolish such existing district, or to reorganize, change or alter the boundaries of any such district. In addition thereto, with the consent of the school board of the school district involved, the school board may add to such school district any part of the school district adjoining same, and with the consent of the school board of the school district involved, may detach territory from such school district and annex same to an adjoining district. Provided, however, that the consent of the school board of the school districts involved in implementing the provisions of Section 37-7-104 or * * * Section 2 of this act shall not be required for the administrative consolidation of such school districts pursuant to the order of the State Board of Education.

SECTION 3. Section 37-5-7, Mississippi Code of 1972, is amended as follows:

37-5-7. (1) On the first Tuesday after the first Monday in May, 1954, 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 election shall be held for the purpose of electing the county boards of education established under the provisions of this chapter. At such election, the members of the said board from Supervisors Districts One and Two shall be elected for the term expiring on the first Monday of January, 1957; members of the board from Supervisors Districts Three and Four shall be elected for a term expiring on the first Monday of January, 1959; and the member of the board from Supervisors District Five shall be elected for a term expiring on the first Monday of January, 1955. Except as otherwise provided in subsection (2), all subsequent members of the board shall be elected for a term of six (6) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective member or members of such board. 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.

(2) On the first Tuesday after the first Monday in November, in any year in which any county shall elect to utilize the authority contained in Section 37-5-1(2), an election shall be held in each such county in this state for the purpose of electing the county boards of education in such counties. At said election the members of the said county board of education from Districts One and Two shall be elected for a term of four (4) years, the members from Districts Three and Four shall be elected for a term of six (6) years, and the member from District Five shall be elected for a term of (2) years. Thereafter, members shall be elected at general elections as vacancies occur for terms of six (6) years each. All members of the county board of education shall take office on the first Monday of January following the date of their election.

(3) On the first Tuesday after the first Monday in November 2014, an election shall be held in Leflore County, Mississippi, for the purpose of electing the new Board of Education of the Greenwood Leflore School District. At said election, the members of the said board of education from Districts One and Two shall be elected for a term of four (4) years, the members from Districts Three and Four shall be elected for a term of six (6) years, and the member from District Five shall be elected for a term of two (2) years. Thereafter, members shall be elected at general elections as vacancies occur for terms of six (6) years each. All members of the Greenwood Leflore School District shall take office on the first Monday of January following the date of their election.

SECTION 4. This act shall take effect and be in force from and after July 1, 2014.