Senate Bill 2620

(As Passed the Senate)

AN ACT TO PROVIDE THAT IN THE MONTGOMERY COUNTY AND WINONA MUNICIPAL SEPARATE SCHOOL DISTRICTS THERE SHALL BE AN ADMINISTRATIVE CONSOLIDATION INTO ONE SCHOOL DISTRICT TO BE DESIGNATED AS THE MONTGOMERY-WINONA SCHOOL DISTRICT EFFECTIVE JULY 1, 2016; TO PROVIDE FOR THE COMPOSITION OF THE BOARD OF EDUCATION OF THE NEW MONTGOMERY-WINONA 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 SECTION 37-7-103, 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 Montgomery County, Mississippi, in which are located, as of January 1, 2014, two (2) school districts, there shall be an administrative consolidation of all of those school districts in the county into one (1) new countywide school district to be designated as Montgomery-Winona School District which shall consist of the territory of the former Montgomery County School District and the Winona Municipal Separate School District, effective on July 1, 2016. At such time that the administrative consolidation becomes effective, the central administrative office of the Montgomery-Winona School District shall be located in Winona, Mississippi.

(2) On or before September 1, 2014, the State Board of Education shall serve the local school boards of the Montgomery County School District and the Winona 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 Montgomery County School District and the Winona Municipal Separate School District on or before July 1, 2016. In the new Montgomery-Winona School District, there shall be a new county board of education comprised of five (5) members selected as follows: (a) the Mayor and Board of Aldermen of the City of Winona 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 Montgomery County residing outside of the Winona corporate limits who shall be residents of that territory and who shall be elected in a November 2015 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 Winona 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. 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 located outside the Winona corporate limits into two (2) new single member board of education election districts. The State Board of Education shall thereafter publish the same in some newspaper of general circulation in said county 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 county, said new district lines will thereafter be effective for the November 2015 special election. Any school board member of the former school districts residing in the proper election district shall be eligible for election or appointment to the new Board of Education for the Montgomery-Winona School District.

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 Montgomery-Winona School District by July 1, 2016, 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, 2016, following the motion of the State Board of Education to consolidate school districts in Montgomery County and the Winona Municipal Separate School Districts, the Montgomery County and the Winona 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 Montgomery-Winona School District. The Board of Education of the Montgomery-Winona School District shall be responsible for establishing the contracts for teachers, principals, clerical and administrative staff personnel for the 2016-2017 school year and thereafter. The Superintendent of Education and assistant superintendent(s) of schools of the former Montgomery County School District and the Winona Municipal Separate School District may continue to serve in like administrative capacities of the Montgomery-Winona School District, but in no instance shall the administrative leadership of the Montgomery-Winona 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 Montgomery-Winona School District. Likewise, no trustee or board member 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 Montgomery-Winona School District. It shall be the responsibility of the Board of Education of the Montgomery-Winona School District to prepare and approve the budget of the 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 Montgomery County and Winona, 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, there will be a two-year waiver of test scores of the former Montgomery County School District students being included in accountability calculations for the new Montgomery-Winona School District. In addition, the students from the former Montgomery County School District will not be included in the graduation cohort for accountability calculations for the Montgomery-Winona School District.

(7) The Montgomery County Board of Education and the Superintendent of Education of the Montgomery County School District and the local school board and Superintendent of Schools of the Winona Municipal Separate School District shall cooperate 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 37-7-104.2 or Section 37-7-104.3 or Section 1 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. This act shall take effect and be in force from and after July 1, 2014.