Senate Bill 2289

AN ACT TO PROVIDE FOR THE REORGANIZATION OF ALL PUBLIC SCHOOL DISTRICTS IN THE STATE OF MISSISSIPPI INTO A SYSTEM WITH ONE COUNTYWIDE SCHOOL DISTRICT PER EACH COUNTY; TO ABOLISH OTHER TYPES OF SCHOOL DISTRICTS AND RECONSTITUTE COUNTYWIDE SCHOOL DISTRICTS AS IS NECESSARY TO EFFECT SAID REORGANIZATION; TO DIRECT THE STATE BOARD OF EDUCATION TO ADMINISTRATIVELY CONSOLIDATE ANY SCHOOL DISTRICT WHICH DOES NOT VOLUNTARILY FOLLOW THE CONSOLIDATION ORDER; TO PROVIDE THAT COUNTIES WITH LESS THAN 10,000 POPULATION WOULD FORM A TWO-COUNTY SCHOOL DISTRICT WITH AN ADJOINING COUNTY, AND PROVIDE FOR A SPECIAL SCHOOL BOARD IN SUCH SITUATIONS; TO REPEAL SECTION 73-7-103 THROUGH 37-7-115, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ABOLITION, ALTERATION OR CREATION OF SCHOOL DISTRICTS BY LOCAL SCHOOL GOVERNING BOARDS OR PETITION FILED BY THE ELECTORATE, AND SECTION 37-7-501 THROUGH 73-7-511, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE DISPOSITION OF PROPERTY ON DISSOLUTION OF A SCHOOL DISTRICT; TO REPEAL SECTIONS 37-7-201 THROUGH 37-7-229, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE SELECTION OF BOARDS OF TRUSTEES OF MUNICIPAL SEPARATE AND CONSOLIDATED SCHOOL DISTRICTS; TO REPEAL SECTIONS 37-6-5 AND 37-6-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE TITLE OF PUBLIC SCHOOL DISTRICTS AND THE COMPOSITION OF SCHOOL BOARDS; TO AMEND SECTION 37-7-301, MISSISSIPPI CODE OF 1972, TO EMPOWER COUNTY BOARDS OF EDUCATION TO GOVERN REORGANIZED SCHOOL DISTRICTS; TO AMEND SECTION 37-6-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Mississippi School District Reorganization Act of 2016."

SECTION 2. From and after July 1, 2018, each county in the State of Mississippi shall constitute a school district and shall be known as the school district of ________ County, Mississippi. Each county school district shall constitute a unit for the control, organization and administration of schools. All the other type of school districts, whether they be consolidated or line consolidated district, municipal separate districts or special municipal separate districts, shall cease to exist on June 30, 2018. All county school districts created or reconstituted according to the provisions of this act shall have the same prerogatives, powers, duties and privileges as provided in this act. On June 30, 2018, every board of trustees of every municipal separate, special municipal separate, consolidated or line consolidated school district or agricultural high school shall cease to exist; and the newly created or reconstituted county school districts in this state shall be governed by the county boards of education selected as provided for by law. On June 30, 2018, every county superintendent of education and every superintendent of every municipal separate, special municipal separate, consolidated or line consolidated school district or agricultural high school shall cease to exist; and the newly created or reconstituted school districts in this state shall be administered by the superintendents appointed as provided for in Section 37-9-13.

SECTION 3. Notwithstanding the provisions of Section 2 of this act, any county having a population of less than ten thousand (10,000) according to the latest federal decennial census shall combine with an adjoining county to form a two—county school district. In any such two—county school district, each member of the board of education shall be elected from and shall be a resident and qualified elector in a special district determined in the following manner: The boards of supervisors of both counties shall apportion the territory in both counties into five (5) board of education districts which shall be divided as nearly as possible according to population, and other factors heretofore pronounced by the courts consistent with the provisions of the Voting Rights Act of 1965, as amended. The boards of supervisors of both counties shall place upon its minutes the boundaries determined for the new five (5) board of education districts. The said boards shall thereafter publish the same in a newspaper of general circulation within both counties for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the boards of said counties, the new district lines shall thereafter be effective. Any vacancies in the office shall be filled in the manner presently provided by law for the filling of vacancies. All two-county school districts and their governing boards shall have he same prerogatives, powers, duties and privileges as provided under law for county school districts and county boards of education. As used in this act, the term county school district or county board of education shall be construed to include any two-county school districts created hereunder.

SECTION 4. (1) When any school district in existence on June 30, 2018, including agricultural high schools, has outstanding long—term or short—term indebtedness which is due after June 30, 2018, such indebtedness shall become a debt of the county school district into which the indebted territory is consolidated, and it shall be the duty of the board of supervisors of the county in which the reorganized district is situated to levy taxes on the property of said reorganized district from year to year according to the terms of such indebtedness until same shall be fully paid. Any dispute regarding the assumption of such indebtedness shall be resolved by the State Board of Education.

(2) When any school district is abolished and consolidated under the provisions of this act, title to any real or personal property of the school district so abolished shall be vested in the school district into which said territory was consolidated.

SECTION 5. (1) On July 1, 2017, the State Board of Education shall serve the local school boards of the school districts required to consolidate under this act with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required.

(2) The State Board of Education may appoint an interim trustee to manage the transition for the consolidation of the former school districts and the successor school districts under this act. The State Board of Education may, in its discretion, assign an interim trustee to the school district or may contract with an appropriate private entity with experience in the academic, finance and other operational functions of schools and school districts. The interim trustee shall be responsible for the administration, management and operation of the school district from July 1, 2017, until the selection of the new superintendent of schools for the successor school districts, including, but not limited to, the following activities: (a) merging the existing budgets with the budget of the new consolidated school district, (b) nonrenewal of central office staff as necessary, (c) construction of a new salary scale for licensed and nonlicensed employees, (d) supplemental duties of school district employees, (e) assist local officials with school tax assessment, (f) assist with the search for a new superintendent, and (g) veto authority over decisions of the former school boards.

(3) 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 by July 1, 2018, following the motion to consolidate. The affected school districts shall comply with any consolidation order issued by the State Board of Education.

(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 counties affected by this act.

SECTION 6. Sections 37—7—103, 37—7—105, 37—7—107, 37—7—109, 37-7—111, 37—7—113 and 37—7—115, Mississippi Code of 1972, which provide for the abolition, alteration or creation of school districts by local board action or petition filed by the electorate, are hereby repealed

SECTION 7. Sections 37—7—501, 37—7—503, 37—7—505, 37—7—507, 7-7-509 and 37—7—511, Mississippi Code of 1972, which provide for the disposition of property on dissolution of a school district, are hereby repealed

SECTION 8. Sections 37—7—201, 37—7—203, 37—7—205, 37—7—207, 37-7-209, 37—7—211, 37—7—213, 37—7—215, 37—7—217, 37—7—219, 37-7—221, 37—7—223, 37—7—225, 37—7—227 and 37—7—229, Mississippi Code of 1972, which provide for the selection of boards of trustees of municipal separate and consolidated school districts, are hereby repealed.

SECTION 9. Sections 37-6-5 and 37-6-7, Mississippi Code of 1972, which provide for the title of public school districts and the composition of school boards, are hereby repealed.

SECTION 10. Section 37-6-3, Mississippi Code of 1972, is amended as follows:

37-6-3. (1) From and after July 1, 1987, all school districts in the State of Mississippi shall have the same prerogatives, powers, duties and privileges as provided in this chapter.

(2) As used in this chapter, the term "school board" shall mean * * * ~~(a)~~ the county board of education of any countywide school district in this state * * *.

(3) As used in this chapter, the term "superintendent" or "superintendent of schools" shall mean * * * ~~(a)~~ the county superintendent of education of any countywide school district in this state whose duties require the supervision of students * * *.

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SECTION 11. This act shall take effect and be in force from and after July 1, 2016.