MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Education; Revenue and Expenditure General Bills

By: Representatives Henley, Criswell

House Bill 1101

AN ACT TO AMEND SECTION 37-3-13, MISSISSIPPI CODE OF 1972, TO DELETE THOSE PROVISIONS EXEMPTING DEPUTY AND ASSOCIATE SUPERINTENDENTS AND DIRECTORS EMPLOYED BY THE STATE DEPARTMENT OF EDUCATION FROM THE STATE SERVICE ADMINISTERED BY THE STATE PERSONNEL BOARD; TO AMEND SECTION 37-3-1, MISSISSIPPI CODE OF 1972, TO DELETE OUTDATED PROVISIONS REGARDING THE ORGANIZATION OF THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 37-3-9, MISSISSIPPI CODE OF 1972, TO DELETE OUTDATED PROVISIONS REGARDING THE SALARY OF THE STATE SUPERINTENDENT OF PUBLIC EDUCATION; TO AMEND SECTION 37-140-13, MISSISSIPPI CODE OF 1972, TO MOVE CERTAIN PROVISIONS RELATING TO EMPLOYEES' SALARIES AT THE MISSISSIPPI SCHOOL OF THE ARTS FROM SECTION 37-3-13, WHICH RELATES TO EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION, TO THE CHAPTER OF THE CODE GOVERNING THE SCHOOL OF THE ARTS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-3-13, Mississippi Code of 1972, is amended as follows:

     37-3-13.  * * *(1)  The deputy superintendents, associate superintendents and directors shall be selected by * * *and hold office subject to the will of the State Superintendent of Public Education, subject to rules and regulations of the State Personnel Board and the approval of the State Board of Education.  All other personnel shall be competitively appointed, subject to rules and regulations of the State Personnel Board, by the State Superintendent * * *and of Public Education.  An employee of the State Department of Education shall be dismissed only for cause in accordance with the rules and regulations of the State Personnel Board.  * * *The State Board of Education shall set the salary of the deputy superintendents, associate superintendents and divisional directors, and the members of the teaching staffs and employees of the Mississippi School of the Arts.  The State Superintendent, subject to the approval of the State Personnel Board, shall fix the amount of compensation of all * * * other employees of the State Department of Education.  All salaries, compensation or expenses of any of the personnel of the department shall be paid upon the requisition of the State Superintendent of Public Education and warrant issued thereunder by the State Auditor out of funds appropriated by the Legislature in a lump sum upon the basis of budgetary requirements submitted by the State Superintendent of Public Education or out of funds otherwise made available.  The entire expense of administering the department shall never exceed the amount appropriated therefor, plus funds received from other sources other than state appropriations.  For a violation of this provision, the superintendent shall be liable, and he and the sureties on his bond shall be required to restore any such excess.

 * * * (2)  For a period of two (2) years beginning July 1, 2014, the provisions of subsection (1) regarding the personnel actions of the State Department of Education shall not be subject to the rules and regulations of the State Personnel Board for all personnel employed by the department within that period.  All personnel hired within the period of exemption from the state personnel system shall be classified as nonstate service and must meet the criteria of the State Personnel Board as it presently exists for employment.

     SECTION 2.  Section 37-3-1, Mississippi Code of 1972, is amended as follows:

     37-3-1.  * * * (1)  Until July 1, 1983, there shall be a State Department of Education, which shall consist of a State Superintendent of Public Education, an assistant state superintendent of public education, a director of the division of finance and administration, a director of the division of instruction, a director of the division of school building and transportation services, a director of vocational education, a director of the division of vocational rehabilitation, a director of the division of junior colleges, and such supervisors, assistants or employees as may be necessary for the proper functioning of the above‑named divisions.

(2)  From and after July 1, 1983, and until July 1, 1984, there shall be a State Department of Education, which shall consist of a State Superintendent of Public Education, a director of the division of finance and administration, a director of the division of instruction, a director of the division of school building and transportation services, a director of the division of vocational and technical education, who shall be an associate state superintendent of public education, the director of the division of vocational rehabilitation, a director of the division of junior colleges and such supervisors, assistants or employees as may be necessary for the proper functioning of the above‑named divisions.

      * * *(3)  From and after July 1, 1984,  There shall be a State Department of Education, which shall be under the direction and supervision of the State Superintendent of Public Education.  The State Department of Education shall be organized into functional divisions as established by the State Board of Education, including any divisions established by law and prescribing the duties of the directors of such divisions.

     SECTION 3.  Section 37-3-9, Mississippi Code of 1972, is amended as follows:

     37-3-9.  (1)  There shall be a State Superintendent of Public Education who shall be appointed by the State Board of Education, with the advice and consent of the Senate, and serve at the board's will and pleasure.  He shall be the Chief Administrative Officer for the State Department of Education and shall administer the department in accordance with the policies established by the State Board of Education.  The * * * State Superintendent of Education, serving on July 1, 2011, shall continue to receive the salary that he was receiving on January 1, 2011.  From and after the completion of the term of the said superintendent serving on July 1, 2011, the salary of the State Superintendent of Public Education shall be established by the State Board of Education.  The State Superintendent of Public Education shall have at least a master's degree in any field and a minimum of five (5) years' experience in administration in the educational field.

     (2)  The State Superintendent shall give bond in the penalty of Seventy-five Thousand Dollars ($75,000.00), with sureties to be approved by the Governor, conditioned according to law.  The bond, when approved, shall be filed and recorded in the Office of the Secretary of State.

     SECTION 4.  Section 37-140-13, Mississippi Code of 1972, is amended as follows:

     37-140-13.  (1)  The board shall set the salary of the members of the teaching staff and employees of the school.

     (2)  All expenditures for the school shall be paid by the State Treasurer on warrants issued by the State Fiscal Officer, and the State Fiscal Officer shall issue his warrants upon requisition signed by the proper person, officer or officers.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2016.