House Concurrent Resolution 3

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 203, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT BEGINNING IN 2020, THE MEMBERS OF THE STATE BOARD OF EDUCATION SHALL NO LONGER BE APPOINTED AND THE BOARD SHALL BE COMPRISED OF ONE MEMBER ELECTED FROM EACH CONGRESSIONAL DISTRICT OF THE STATE AND ONE MEMBER ELECTED FROM THE STATE AT LARGE; TO PROVIDE THAT THE TERMS OF THE ELECTED BOARD MEMBERS ARE FOR FOUR YEARS; TO PROVIDE THAT A BOARD MEMBER MAY BE REMOVED BY A THREE-FIFTHS VOTE OF THE MISSISSIPPI HOUSE OF REPRESENTATIVES; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend Section 203, Mississippi Constitution of 1890, to read as follows:

"Section 203. * * *

* * *~~(2) From and after July 1, 1984,t~~ There shall be a State Board of Education which shall manage and invest school funds according to law, formulate policies according to law for implementation by the State Department of Education, and perform such other duties as prescribed by law.

Until January 6, 2016, the board shall consist of nine (9) members of which none shall be an elected official. The Governor shall appoint one (1) member who shall be a resident of the Northern Supreme Court District and who shall serve an initial term of one (1) year, one (1) member who shall be a resident of the Central Supreme Court District and who shall serve an initial term of five (5) years, one (1) member who shall be a resident of the Southern Supreme Court District and who shall serve an initial term of nine (9) years, one (1) member who shall be employed on an active and full-time basis as a school administrator and who shall serve an initial term of three (3) years, and one (1) member who shall be employed on an active and full-time basis as a schoolteacher and who shall serve an initial term of seven (7) years. The Lieutenant Governor shall appoint two (2) members from the state at large, one (1) of whom shall serve an initial term of four (4) years and one (1) of whom shall serve an initial term of eight (8) years. The Speaker of the House of Representatives shall appoint two (2) members from the state at large, one (1) of who shall serve an initial term of two (2) years and one (1) of whom shall serve an initial term of six (6) years. The initial terms of appointees shall begin on July 1, 1984, and all subsequent appointments shall begin on the first day of July for a term of (9) years and continue until their successors are appointed and qualify. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be for the unexpired term only. The Legislature shall by general law prescribe the compensation which members of the board shall be entitled to receive. All members shall be appointed with the advice and consent of the Senate and no members shall be actively engaged in the educational profession except as stated above.

From and after June 30, 2019, there shall be no new appointments made to the board, and the members of the board as constituted on June 30, 2019, shall continue to serve until the newly elected board members take office in January 2020.

From and after January 6, 2020, the members of the State Board of Education shall consist of one (1) member elected from each of the state's congressional districts and one (1) member elected from the state at large. The members shall be elected at the general election held in November 2019, and every four (4) years thereafter, at the same time and in the same manner as provided for election of the Governor. The Legislature shall prescribe by general law the salaries of the board members. A member of the board may be removed by a three-fifths (3/5) vote of the Mississippi House of Representatives, after which a special election shall take place to replace the board member."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2018, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed amendment provides that beginning in 2020, the members of the State Board of Education shall no longer be appointed and the board shall be comprised of one (1) member elected from each congressional district of the state and one (1) member elected from the state at large. The terms of the elected board members are for four (4) years and a board member may be removed by a three-fifths (3/5) vote of the Mississippi House of Representatives."