Senate Bill 2494

AN ACT TO PROVIDE THAT IN THE HOLMES COUNTY AND DURANT MUNICIPAL SEPARATE SCHOOL DISTRICTS THERE SHALL BE AN ADMINISTRATIVE CONSOLIDATION INTO ONE SCHOOL DISTRICT TO BE DESIGNATED AS THE HOLMES COUNTY SCHOOL DISTRICT EFFECTIVE JULY 1, 2017; TO PROVIDE FOR THE COMPOSITION OF THE BOARD OF EDUCATION OF THE NEW HOLMES 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 Holmes County, Mississippi, in which are located, as of January 1, 2016, two (2) school districts, there shall be an administrative consolidation of those school districts in the county into one (1) new countywide school district to be designated as Holmes County School District which shall consist of the territory of the former Holmes County School District and the Durant Municipal Separate School District, effective on July 1, 2017. At such time that the administrative consolidation becomes effective, the central administrative office of the Holmes School District shall be located in Lexington, Mississippi.

(2) As soon as practicable after July 1, 2016, the State Board of Education shall appoint an interim trustee to manage the transition for the consolidation of the former Holmes County School District and the former Durant Municipal Separate School District. 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, 2016, until the selection of the new superintendent of schools for the consolidated Holmes County School District by the newly elected Holmes County Board of Education, 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 until the new Holmes County Board of Education is in place. The County Board of Education and the Superintendent of Education of the former Holmes County School District and the local school board and Superintendent of Schools of the Durant 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.

(3) On July 1, 2016, the State Board of Education shall serve the local school boards of the Holmes County School District and the Durant 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 require the administrative consolidation of Holmes County School District and the Durant Municipal Separate School District on or before July 1, 2017. In the new Holmes County School District, there shall be a new County Board of Education elected in a November 2016 special election which shall be called by the Governor for that purpose. The new County Board of Education shall be elected from supervisors districts and the terms of office established as provided in Section 37-5-7(3), Mississippi Code of 1972. No trustee or board member serving in a school district designated as an underperforming school district or placed under conservatorship shall be eligible for election to the new County Board of Education of the Holmes County School District. The State Board of Education shall declare that the territory embraced by Holmes County, Mississippi, shall be the boundary lines for the territory of the new Holmes County School District and shall spread a legal description of the new school district on the minutes of its August 2016 meeting and shall serve the applicable school boards and the board of supervisors with an adequate legal description of these new boundaries. Any school board member of the former school districts residing in the proper supervisors district shall be eligible for election to the new Board of Education for the Holmes 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 Holmes School District by July 1, 2017, following the motion to consolidate. The affected school districts shall comply with any consolidation order issued by the State Board of Education.

(4) The successor Holmes County Board of Education shall conduct a search for a new Superintendent of Schools for the Holmes County School District to be selected no later than July 1, 2017, in the manner provided in Section 37-9-13. The position of Holmes County Superintendent of Schools shall be an appointive position. The successor Holmes County Board of Education shall also employ central office staff for the Holmes County School District no later than July 1, 2017.

(5) On January 1, 2017, following the motion of the State Board of Education to consolidate school districts in Holmes County and the Durant Municipal Separate School Districts, the Holmes County and the Durant Municipal Separate School Districts and the former school boards of those 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 Holmes County School District. The County Board of Education of the new Holmes County School District shall be responsible for establishing the contracts for teachers, principals, clerical and administrative staff personnel for the 2017-2018 school year and thereafter. The Superintendent of Education and assistant superintendent(s) of schools of the former Holmes County School District and the Durant Municipal Separate School District may continue to serve in like administrative capacities of the new Holmes County School District, but in no instance shall the administrative leadership of the new Holmes County School District exceed three (3) assistant superintendents. No superintendent serving in a school district designated as an underperforming school district or placed under conservatorship shall be eligible for appointment as a superintendent or assistant superintendent in the new Holmes County School District. It shall be the responsibility of the County Board of Education of the new Holmes County School District to prepare and approve the budget of the new reorganized district, and the board of education may use the interim trustee appointed under subsection (2) of this section 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.

(6) From and after July 1, 2017, all outstanding debt of the former Holmes County School District and the Durant Municipal Separate School district shall be assumed by and become the debt of the new Holmes County School District. Any debt assumed by the Holmes County School District secured by a special ad valorem tax shall become secured by and payable from a mandatory, special ad valorem tax which shall be levied on all taxable property in the new Holmes County School District by the levying authority of the Holmes County School District. It is the intent of the Legislature that any such pledges of the former school districts will remain in effect and that the pledged funds will be available to the new Holmes County School District to pay its debt to which the funds are pledged. The Board of Supervisors of Holmes County shall be the "levying authority" for the new Holmes County School District.

(7) 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.

(8) The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation of the school districts in Holmes County and Durant, 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).

(9) For the initial three (3) 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 new Holmes County School District for the student population enrolled therein from the former Holmes County School District and the Durant Municipal Separate School District, when determining the new consolidated school district accreditation level based on the performance and accountability rating model.

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. 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 2016, an election shall be held in Holmes County for the purpose of electing the county board of education in the new Holmes County School District. At said election, the members of the said county board of education from Supervisors Districts One and Two shall be elected for a term of four (4) years, the members from Supervisors Districts Three and Four shall be elected for a term of six (6) years and the member from Supervisors 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 county board of education in the new Holmes County 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, 2016.