House Bill 987

(COMMITTEE SUBSTITUTE)

AN ACT TO PROVIDE THAT IN THE LEFLORE COUNTY AND GREENWOOD PUBLIC SCHOOL DISTRICTS THERE SHALL BE AN ADMINISTRATIVE CONSOLIDATION INTO ONE SCHOOL DISTRICT TO BE DESIGNATED AS THE GREENWOOD-LEFLORE CONSOLIDATED SCHOOL DISTRICT EFFECTIVE JULY 1, 2017; TO PROVIDE FOR THE COMPOSITION AND SELECTION OF THE BOARD OF TRUSTEES OF THE NEW GREENWOOD-LEFLORE CONSOLIDATED 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 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 Leflore County, Mississippi, in which are located, as of January 1, 2016, 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 Greenwood-Leflore Consolidated School District which shall consist of the territory of the former Leflore County School District and the Greenwood Public School District, effective on July 1, 2017. At such time that the administrative consolidation becomes effective, the central administrative office of the Greenwood-Leflore Consolidated School District shall be at the current central office facility located in Greenwood, Mississippi.

(2) (a) On or before September 1, 2016, the State Board of Education shall serve the conservator of the Leflore County School District and the local school board of the Greenwood Public 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 the Leflore County School District and the Greenwood Public School District on or before July 1, 2017. In the new Greenwood-Leflore Consolidated School District, there shall be a new board of trustees, which shall take office on the first Monday of July following the administrative consolidation, comprised of five (5) members selected as follows:

(i) The Mayor and City Council shall appoint two (2) of the five (5) members, each selected for a term of six (6) years;

(ii) The Leflore County Board of Supervisors shall appoint two (2) of the five (5) members, each selected for a term of four(4) years; and

(iii) One (1) member shall be jointly appointed by the Mayor and City Council and board of supervisors, to be selected for a term of two (2) years.

All subsequent members of the board shall be appointed by the authority making the original appointment upon the expiration of the term of office of the respective member or members for a term of four (4) years shall take office on the first Monday of January following the date of their appointment. The State Board of Education shall thereafter publish the same in some newspaper of general circulation in the 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, the new organizational structure of the board of trustees will thereafter be effective.

(b) No previous school board member of the former school district that was placed under conservatorship residing in the proper territory shall be eligible for selection to the new Board of Education for the Greenwood-Leflore Consolidated School District.

(c) Any school district affected by the required administrative consolidation in Leflore 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 on July 1, 2017. 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 Consolidated School District by July 1, 2017, following the election of the new board of trustees. The affected school districts shall comply with any consolidation order issued by the State Board of Education on or before July 1 following the selection of the new board of trustees.

(3) (a) On July 1, 2017, following the selection of the new board of trustees of the Greenwood-Leflore Consolidated School District, the former county board of education for Leflore County and the former board of trustees of the Greenwood Public 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 districts shall be transferred to the new Greenwood-Leflore Consolidated School District.

(b) The new board of trustees of the Greenwood-Leflore Consolidated School District shall be responsible for establishing the contracts for teachers, principals, clerical and administrative staff personnel for the 2017-2018 school year and each school year thereafter.

(c) The new board of trustees for the Greenwood-Leflore Consolidated School District shall appoint the superintendent of schools for the school district. The superintendent of schools for the Greenwood-Leflore Consolidated School District may appoint two (2) assistant superintendents of schools for the district, but in no instance shall the administrative leadership of the Greenwood-Leflore Consolidated School District have more than two (2) assistant superintendents of education. The subsequent superintendent of schools of the consolidated school district shall not be elected, but shall thereafter be appointed by the successor board of trustees in the manner provided in Section 37-9-25. It shall be the responsibility of the successor board of trustees to prepare and approve the budget of the new consolidated district, and the successor board of trustees 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.

(d) Any person or school district aggrieved by an order of the successor newly selected board of trustees of the Greenwood-Leflore Consolidated School District pursuant to the required administrative consolidation may appeal therefrom within ten (10) days from the date of the adjournment of the meeting at which such order is entered. The appeal shall be taken in the same manner as appeals are taken from judgments or decisions of the board of supervisors as provided in Section 11-51-75, the provisions of which shall be fully applicable to appeals taken hereunder. The board of trustees of the Greenwood-Leflore Consolidated School District shall not pass upon or approve or disapprove any such order until the time for an appeal therefrom has expired, nor shall the board pass upon or approve or disapprove any such order from which an appeal is taken until said appeal has been finally determined.

(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 pursuant to this section. The consolidated districts shall make an election within one (1) year of consolidation concerning the group term life insurance described in subsection (6) of Section 25-15-9.

(6) The County Board of Education and the Superintendent of Education of the former Leflore County School District and the local school board and Superintendent of Schools of the Greenwood-Leflore Public 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 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, 2016.