MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Education
By: Representative Young
AN ACT TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO STUDY THE ISSUE OF PROVIDING HOLISTIC EDUCATIONAL EFFICIENCY AND OPPORTUNITIES TO SCHOOL DISTRICTS IN THOSE COUNTIES HAVING TWO OR MORE SCHOOL DISTRICTS; TO SPECIFY CERTAIN DATA THAT MUST BE COMPILED IN A REPORT ON THE STUDY WHICH MUST BE SUBMITTED TO THE LEGISLATURE BEFORE NOVEMBER 1, 2018; TO PROVIDE FOR THE ADMINISTRATIVE REORGANIZATION OF PUBLIC SCHOOL DISTRICTS IN MISSISSIPPI IN ORDER TO PROVIDE HOLISTIC EDUCATIONAL OPPORTUNITIES TO ALL STUDENTS; TO AMEND SECTION 37-7-103, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER JULY 1, 2020, ALL MUNICIPAL SEPARATE, CONSOLIDATED, LINE CONSOLIDATED AND SPECIAL MUNICIPAL SCHOOL DISTRICTS IN EACH COUNTY SHALL BE ABOLISHED AND JOINED FOR ADMINISTRATIVE EFFICIENCY INTO A COUNTYWIDE SCHOOL DISTRICT WITH ONE COUNTY BOARD OF EDUCATION AND ONE APPOINTED COUNTY SUPERINTENDENT OF EDUCATION; TO DIRECT THE STATE BOARD OF EDUCATION TO PUBLISH AN EFFICIENCY JOINDER LIST OF DISTRICTS AFFECTED IN ORDER TO CREATE A COUNTYWIDE SCHOOL DISTRICT IN EACH COUNTY AND TO REQUIRE ALL SCHOOL DISTRICTS TO COMPLY WITH ADMINISTRATIVE ORDERS ISSUED BY THE STATE BOARD OF EDUCATION; TO PROVIDE FOR THE TRANSFER OF REAL AND PERSONAL PROPERTY OF AFFECTED SCHOOL DISTRICTS; TO PROVIDE FOR EMPLOYEE CONTRACTS IN SCHOOL DISTRICTS SUBJECT TO ADMINISTRATIVE EFFICIENCY JOINDER; TO PROVIDE FOR THE DUTY TO PAY THE OUTSTANDING DEBT OF SCHOOL DISTRICTS AFFECTED BY THAT EFFICIENCY JOINDER; TO PROVIDE THAT THE ADMINISTRATIVE EFFICIENCY JOINDER SHALL NOT REQUIRE THE CLOSING OF ANY SCHOOL OR FACILITY; TO PROVIDE FOR THE RULEMAKING AUTHORITY OF THE STATE BOARD OF EDUCATION REGARDING THE ADMINISTRATIVE EFFICIENCY JOINDER; TO AMEND SECTION 37-15-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO CHANGE IN THE ATTENDANCE ZONE OF ANY SCHOOL SHALL BE MADE BY A NEWLY ELECTED COUNTY BOARD OF EDUCATION; TO AMEND SECTIONS 37-5-1, 37-5-7, 37-5-9 AND 37-5-19, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF ALL COUNTY BOARDS OF EDUCATION IN NOVEMBER 2020 AND EVERY FOUR YEARS THEREAFTER FOR FOUR-YEAR TERMS; TO PROVIDE THAT THE ELECTION IS BY SUPERVISORS DISTRICT WITH ALL ELECTORS RESIDING THEREIN ELIGIBLE TO VOTE IN THE ELECTION; TO PROVIDE FOR THE ELECTION OF A MEMBER AT LARGE FROM ANY COUNTY HAVING NO HIGH SCHOOL ATTENDANCE CENTER; TO PROVIDE FOR FILLING VACANCIES TO THE COUNTY BOARD OF EDUCATION; TO BRING FORWARD SECTIONS 37-9-13, 37-5-61 AND 37-9-25, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; TO AMEND SECTIONS 37-6-3, 37-6-5, 37-6-7, 37-6-9, 37-6-11, 37-6-13, 37-6-15 AND 37-7-301, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 37-57-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF SUPERVISORS SHALL BE THE LEVYING AUTHORITY FOR ALL AD VALOREM TAXES FOR THE SUPPORT OF THE SCHOOL DISTRICT IN THE COUNTY; TO REPEAL SECTIONS 37-7-105 THROUGH 37-7-115, MISSISSIPPI CODE OF 1972, WHICH PROVIDE PROCEDURES FOR THE ABOLITION, ALTERATION AND CREATION OF PUBLIC SCHOOL DISTRICTS BY LOCAL SCHOOL BOARDS AND BY PETITION OF THE ELECTORATE; TO REPEAL SECTION 37-5-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDES CERTAIN RESIDENCY REQUIREMENTS FOR MEMBERS OF COUNTY BOARDS OF EDUCATION; TO REPEAL SECTION 37-5-18, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ELECTION OF MEMBERS OF COUNTY BOARDS OF EDUCATION FROM SPECIAL DISTRICTS; TO REPEAL SECTION 37-9-12, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR A REFERENDUM ON THE QUESTION OF RETAINING THE ELECTIVE METHOD OF CHOOSING THE COUNTY SUPERINTENDENT OF EDUCATION; TO REPEAL SECTIONS 37-5-63 THROUGH 37-5-75, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ELECTION OF COUNTY SUPERINTENDENTS OF EDUCATION; TO REPEAL SECTIONS 37-7-201 THROUGH 37-7-229 AND 37-7-701 THROUGH 37-7-725, MISSISSIPPI CODE OF 1972, WHICH PROVIDE QUALIFICATIONS, ELECTION PROCEDURES, TERMS OF OFFICE, PETITION PROCEDURES, VACANCY PROCEDURES AND OPTIONAL SELECTION METHODS FOR BOARDS OF TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS, CONSOLIDATED SCHOOL DISTRICTS, LINE CONSOLIDATED SCHOOL DISTRICTS AND SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The State Department of Education shall conduct a study on providing holistic educational efficiency and opportunities to school districts in those counties in the State of Mississippi which have two (2) or more school districts situated in such counties. Using existing staff, the department shall compile the most recent data available which reflects the following:
(a) The total number of students enrolled in the public school system in each county;
(b) The name of the school districts situated within each county and the number of students enrolled in those school districts;
(c) The total and per pupil administrative cost of each school district, using the same funds, functions and objects that the department is required to use under Section 37-151-7(1)(b) in the annual determination of the base student cost under the Mississippi Adequate Education Program;
(d) The accreditation level of each school district; and
(e) Such other objective information that may be deemed relevant by the department in addressing the issue of the holistic educational efficiency and opportunities of school districts.
The information gathered under this subsection shall be compiled and presented, by county, in a user friendly format that easily allows for comparisons to be made between school districts under each category of information.
(2) In addition to the data compiled under subsection (1) of this section, the department shall include the following information in the study:
(a) An in-depth analysis of all matters that must be considered in determining whether or not reducing the number of school districts in the state would be feasible or advantageous;
(b) A list of pros and cons to reducing or not reducing the number of school districts in each specific county having two (2) or more school districts;
(c) A projection of the most feasible minimum size of a school district that is capable of promoting a wholesome educational experience, completed with advanced placement courses, athletics and other extracurricular activities;
(d) A projection of the savings in state and local funding which would be achieved through the consolidation of school districts in each specific county having two (2) or more school districts; and
(e) A recommended procedure to accomplish the consolidation of school districts in each specific county having two (2) or more school districts and a reasonable time frame in which the consolidation could be achieved.
(3) In order to quantify and affirm the number of school districts necessary within the state, if determined that single county school districts are not in the best interest of the children and families of this state, the department shall use the following criterion:
(a) An assessment of the largest school districts in the state;
(b) An assessment of the smallest school districts in the state;
(c) The administrative, operational and programs of instruction and curriculum of those schools accredited at the highest and lowest levels of performance on the accreditation rating scale;
(d) The socio-economic demographics of each district with greater populations of at-risk students; and
(e) Levels of social, economic, academic and cultural exposure.
(4) The department shall prepare a written report on the study which includes, at a minimum, the data and information specified under subsections (1) and (2) of this section. The report must be presented to the Chairmen of the House and Senate Education Committees, Speaker of the House, Lieutenant Governor and the Governor before November 1, 2018.
SECTION 2. Section 37-7-103, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2020, this section shall read 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, 37-7-104.2, 37-7-104.3, 37-7-104.4, 37-7-104.5, 37-7-104.6, 37-7-104.7 or 37-7-104.8 shall not be required for the administrative consolidation of such school districts pursuant to the order of the State Board of Education.
[From and after July 1, 2020, this section shall read as follows:]
37-7-103. From and after
July 1, * * *
2020, * * * each
county in the State of Mississippi shall constitute a single school district
and shall be known as the "School District of _______________County,
Mississippi." Each school district shall constitute a unit for the
control, organization and administration of schools. The responsibility
for the actual operation and administration of all schools within the districts
in conformity with rules and minimum standards prescribed by the state, and
also the responsibility for the provision of any desirable and practicable
opportunities authorized by the law beyond those required by the state, are delegated
by law to the members of the county boards of education, with an appointed
county superintendent of education as executive officer for the board.
(2) For purposes of this section, the term "administrative efficiency joinder" means the joining of two (2) or more school districts to create a new single school district in the county with one (1) administrative unit, one (1) school board and one (1) school superintendent, and which is not required to close school facilities. An administratively efficiently joined school district may not have more than one (1) superintendent of schools. Before February 1, 2020, the State Department of Education shall publish an efficiency joinder list that includes all school districts in the state that are not countywide school districts embracing an entire county. The county board of education shall provide for the administrative efficiency joinder of all school districts in the county into one (1) countywide school district embracing the entire county before July 1, 2020. Any school district on the efficiency joinder list that does not voluntarily join with the countywide school district shall be joined for administrative efficiency by the State Board of Education with the countywide school district in which that district is located before June 1, 2020, to be effective on July 1, 2020. The State Board of Education shall move promptly on its own motion to join for administrative efficiency a school district on the efficiency joinder list in order to enable the affected school districts to reasonably accomplish the resulting administrative efficiency joinder into a countywide school district before July 1, 2020. All school districts on the efficiency joinder list must comply with any order issued by the county board of education or the State Board of Education, as the case may be, before July 1, 2020.
(3) On July 1, 2020, the board of trustees of any municipal separate, special municipal separate, consolidated or line consolidated school district on the efficiency joinder list issued by the State Board of Education shall be abolished. All real and personal property owned or titled in the name of a school district on the efficiency joinder list shall be transferred to the countywide school district of the county in which that school district is located. If a school district is located in two (2) or more counties, the State Board of Education shall issue an order directing the transfer of real and personal property to the appropriate countywide school district. Each school board shall be responsible for establishing the contracts for teachers and principals for the next school year with the consultation of the county board of education. The selection of the county superintendent of education in the successor countywide school district shall be the responsibility of the county board of education. The county board of education shall prepare and approve the budget of the new countywide district, and the county board of education may use staff from the existing districts to prepare the budget. Any proposed order of a county board of education directing the transfer of the assets or real or personal property of a school district on the efficiency joinder list must be submitted and approved by the State Board of Education. The determination of the State Board of Education shall be final and conclusive for the purposes of the transfer of property required by an administrative efficiency joinder. Any person or school district aggrieved by an order of a school board adopted under the requirements of this section may appeal to the State Board of Education within ten (10) days from the date of the adjournment of the meeting at which the order is entered. The appeal shall be de novo, and the findings of the State Board of Education upon that question shall be final and conclusive for the purpose of the approval or disapproval of the action by the board. Any special municipal school district embracing the territory of an entire county shall be abolished on July 1, 2020, and reconstituted as a countywide school district with a county board of education.
(4) When any school district on the efficiency joinder list issued by the State Board of Education is abolished under this section, the abolition shall not impair or release the property of that school district from liability for the payment of the bonds or other indebtedness of the district. The board of supervisors of the county shall continue to levy taxes on the property of the abolished district from year to year according to the terms of that indebtedness until same shall be fully paid.
(5) This section may not be construed to require the closing of any school or school facility, unless the facility is an unneeded administrative office. All joinders of administrative efficiency 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 under court order.
(6) In the administratively efficiently joined countywide school district created under this section, the ad valorem tax rate shall be determined as set forth under Sections 37-57-1 through 37-57-133. No school district joined for administrative efficiency with a school district designated by the State Board of Education as being in academic or fiscal distress or under state conservatorship shall be subject to academic or fiscal distress sanctions for a period of three (3) years from the effective date of the required administrative efficiency joinder.
(7) The State Board of Education shall promulgate rules and regulations to facilitate the administrative efficiency joinder of school districts required under this section. The State Board of Education formally shall declare the boundary lines of the counties as the new boundaries of the school districts in the State of Mississippi.
SECTION 3. Section 37-15-13, Mississippi Code of 1972, is amended as follows:
37-15-13. When any child
qualified under the requirements of Section 37-15-9 * * * applies or presents
himself for enrollment in or admission to the public schools of any school
district of this state, the * * * county board of education of * * * the school district * * * has the power and authority
to designate the particular school or attendance center of the district in
which * * * the
child * * *
must be enrolled and which he * * * must attend; no enrollment of a
child in a school shall be final or permanent until * * * that designation * * * is made by * * * the county board of
education. No child shall be entitled to attend any school or attendance
center except that to which he has been assigned by the * * * county board of education;
however, the principal of a school or superintendent of the district may, in
proper cases, permit a child to attend a school temporarily until a permanent
assignment is made by the * * *school board county board of education. No change in the
attendance zone of any school or attendance center may be made by a newly
elected county board of education which succeeds to the territory of a school
district that is joined for administrative efficiency under the requirements of
Section 37-7-103.
SECTION 4. Section 37-5-1, Mississippi Code of 1972, is amended as follows:
37-5-1. (1) There is * * * established a county board of education
in each county of the State of Mississippi. * * * The county board of education shall
consist of five (5) members, one (1) of which * * *
shall be elected by the qualified electors of each * * * supervisors district
of the county. * * * Each member
so elected shall be a resident and qualified elector of the supervisors
district from which he is elected.
(2) * * *
If
an entire county is embraced by a line consolidated district on July 1, 2020,
and that county does not have a high school within its boundaries, then the
qualified electors of the county shall elect one (1) additional member at large
to the county board of education of the county in which the high school age
students of the county attend school.
* * *
SECTION 5. Section 37-5-7, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2020, this section shall read 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 * * *
1 and * * *
2 shall be elected for the term expiring on the first Monday of January,
1957; members of the board from Supervisors Districts * * * 3 and * * * 4 shall be elected for a term
expiring on the first Monday of January, 1959; and the member of the board from
Supervisors District * * *
5 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 * * * 1 and * * * 2 shall be elected for a term of
four (4) years, the members from Districts * * * 3 and * * * 4 shall be elected for a term of
six (6) years, and the member from District * * * 5 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 shall take office on the first Monday of January following
the date of their election.
(3) (a) Current members of the Board of Trustees of the Greenwood Public School District serving on November 1, 2017, shall continue in office as the new County Board of Education of the Greenwood-Leflore School District until their successors are elected as follows:
(i) The two (2) appointed board members of the Greenwood Public School District whose terms are nearest to expiration shall expire on January 1, 2019, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 2 and 3 in a November 2018 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2019, for a term of four (4) years;
(ii) The final two (2) appointed board members of the Greenwood Public School District whose terms are the farthest removed from expiration shall expire on January 1, 2020, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 4 and 5 in a November 2019 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2020, for a term of four (4) years; and
(iii) One (1) appointed board member of the Greenwood Public School District whose term is next nearest to expiration shall expire on January 1, 2021, and thereafter become a permanently elected position to be filled by a person elected as a board member from Supervisors District 1 in a November 2020 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2021, for a term of four (4) years.
(b) All subsequent members shall be elected for a term of four (4) 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 members, and shall take office on January 1 next succeeding the election.
(4) On the first Tuesday after the first Monday in November 2017, an election shall be held in Holmes County for the purpose of electing the county board of education in the new Holmes County Consolidated School District. At the election, the members of the said county board of education shall be elected from single member board of education districts, which shall be consistent with the supervisors district lines in the county, and shall be elected for an initial term of six (6) years. Subsequent elections for the Holmes County Board of Education shall be held on the first Tuesday after the first Monday in November 2023 and every four (4) years thereafter at the same time and manner as other general elections are held, and the member shall be elected for a term of four (4) years. All members of the county board of education in the new Holmes County Consolidated School District shall take office on the first Monday of January following the date of their election.
(5) On the first Tuesday after the first Monday in November 2023, an election shall be held in Chickasaw County for the purpose of electing the county board of education in the new Chickasaw County School District. The board of supervisors shall declare and designate posts for each member of the new board. At said election, the members of the said county board of education from Posts One and Two shall be elected for a term of four (4) years, the members from Posts Three and Four shall be elected for a term of three (3) years and the member from Post 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 four (4) years each. All members of the county board of education in the new Chickasaw County School District shall take office on the first Monday of January following the date of their election.
[From and after July 1, 2020, this section shall read as follows:]
37-5-7. * * * On the first Tuesday after the first Monday
in * * *
November 2020, an election shall be held in each county in this state in
the same manner * * * and at the same time as
the federal presidential election is 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. * * * All members of the board elected
in November 2020 shall be elected for a term of * * * four (4) years * * *. 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.
* * *
SECTION 6. Section 37-5-9, Mississippi Code of 1972, is amended as follows:
37-5-9. (1) The
name of any qualified elector who is a candidate for the county board of
education shall be placed on the ballot used in the general elections by the
county election commissioners, provided that the candidate files with the
county election commissioners, not more than ninety (90) days and not less than
sixty (60) days * * * before the date of * * * the general election, a petition of
nomination signed by not less than fifty (50) qualified electors of the county
residing within each supervisors district. Where there are less than one
hundred (100) qualified electors in said supervisors district, it shall only be
required that said petition of nomination be signed by at least twenty percent
(20%) of the qualified electors of * * * the supervisors district. The
candidate in each supervisors district who receives the highest number of votes
cast in the district shall be declared elected. If no candidate receives
a majority of the votes cast in the general election, then the two (2)
candidates who receive the highest number of votes cast in the district shall
have their names submitted as candidates in a runoff election three (3) weeks
after the date of the general election, and the candidate who receives a
majority of the votes cast in the district in the runoff election must be
declared elected.
(2) When any member
of the county board of education is to be elected from the county at large
under the provisions of this chapter, then the petition required by the
preceding paragraph hereof shall be signed by the required number of qualified
electors residing in any part of the county * * *.
The candidate who receives the highest number of votes cast in the election
shall be declared elected. If no candidate receives a majority of
the votes cast in the general election, then the two (2) candidates who receive
the highest number of votes cast in the district shall have their names
submitted as candidates in a runoff election three (3) weeks after the date of
the general election, and the candidate who receives a majority of the votes
cast in the district in the runoff election must be declared elected.
* * *
SECTION 7. Section 37-5-19, Mississippi Code of 1972, is amended as follows:
37-5-19. Vacancies in the
membership of the county board of education shall be filled by appointment,
within sixty (60) days after the vacancy occurs, by the remaining members of
the county board of education. * * * The appointee shall be selected
from the qualified electors of the supervisors district in which the
vacancy occurs, and shall serve until the first Monday of January next
succeeding the next general election, at which general election a member shall
be elected to fill the remainder of the unexpired term in the same manner and
with the same qualifications applicable to the election of a member for the
full term. In the event the school district is under conservatorship and no
members of the county board of education remain in office, the Governor shall
call a special election to fill the vacancies and said election will be
conducted by the county election commission.
* * * If the vacancy occurs more
than five (5) months * * * before the next general election and the remaining members
of the county board of education are unable to agree upon an individual to be
appointed, any two (2) of the remaining members may certify * * * the disagreement to the county
election commission. Upon the receipt of such a certificate by the county
election commission, or any member thereof, the commission shall hold a special
election to fill the vacancy, which * * * election, notice thereof and ballot shall
be controlled by the laws concerning special elections to fill vacancies in
county or county district offices. The person elected at * * * that special election shall serve
for the remainder of the unexpired term.
SECTION 8. Section 37-5-61, Mississippi Code of 1972, is brought forward as follows:
37-5-61. (1) There shall be a county superintendent of education in each county.
(2) Said superintendent shall serve as the executive secretary of the county board of education, but shall have no vote in the proceedings before the board and no voice in fixing the policies thereof.
(3) In addition, said superintendent shall be the director of all schools in the county school district which are outside the municipal separate school districts.
(4) Said superintendent shall be elected at the same time and in the same manner as other county officers are elected and shall hold office for a term of four (4) years. However, in the event that a vacancy in the office of the superintendent of schools elected at the November 2015 general election shall occur before January 1, 2019, the office of superintendent of school shall immediately become an appointed position, and the local school board shall appoint the superintendent of the school district.
SECTION 9. Section 37-9-13, Mississippi Code of 1972, is brought forward as follows:
37-9-13. (1) Each school district shall have a superintendent of schools, selected in the manner provided by law. No person shall be eligible to the office of superintendent of schools unless such person shall hold a valid administrator's license issued by the State Department of Education and shall have classroom or administrative experience of not less than six (6) years which shall include at least three (3) years of administrative experience as a school building principal (a) in a school with an "A" or "B" accountability rating, or (b) in a school that increased its accountability rating by a letter grade during the period in which the principal was employed as principal at the school, or (c) in a school with comparable accountability rating or improvement in another state which shall be verified by the Mississippi Department of Education.
(2) From and after January 1, 2019, in all public school districts, the local school board shall appoint the superintendent of schools of such district. At the expiration of the term of any county superintendent of education elected at the November 2015 general election, the county superintendent of education of said county shall not be elected but shall thereafter be appointed by the local school board in the manner provided in Section 37-9-25. However, in the event that a vacancy in the office of the superintendent of schools elected at the November 2015 general election shall occur before January 1, 2019, the office of superintendent of schools shall immediately become an appointed position, and the local school board shall appoint the superintendent of the school district. The superintendent of schools shall have the general powers and duties to administer the schools within his district as prescribed in Section 37-9-14 et seq., Mississippi Code of 1972.
(3) As an alternative to the qualifications prescribed in subsection (1) of this section, the State Board of Education is authorized and directed to issue regulations by January 1, 2018, which include minimum credentials, educational prerequisites, and relevant best practice experience requirements that will qualify a person to serve as a superintendent without having the direct experience or certification as an educator specified in subsection (1) of this section.
(4) The provisions of this section shall be applicable to any superintendent of schools selected on or after July 1, 2017, who has not previously served as a superintendent or assistant superintendent within the last five (5) years.
SECTION 10. Section 37-9-25, Mississippi Code of 1972, is brought forward as follows:
37-9-25. The school board shall have the power and authority, in its discretion, to employ the superintendent, unless such superintendent is elected at the November 2015 general election, for not exceeding four (4) scholastic years and the principals or licensed employees for not exceeding three (3) scholastic years. In such case, contracts shall be entered into with such superintendents, principals and licensed employees for the number of years for which they have been employed. However, in the event that a vacancy in the office of the superintendent of schools elected at the November 2015 general election shall occur before January 1, 2019, the local school board shall then appoint the superintendent of the school district and enter into contract with the appointee for a period not to exceed three (3) scholastic years. All such contracts with licensed employees shall for the years after the first year thereof be subject to the contingency that the licensed employee may be released if, during the life of the contract, the average daily attendance should decrease from that existing during the previous year and thus necessitate a reduction in the number of licensed employees during any year after the first year of the contract. However, in all such cases the licensed employee must be released before July 1 or at least thirty (30) days prior to the beginning of the school term, whichever date should occur earlier. The salary to be paid for the years after the first year of such contract shall be subject to revision, either upward or downward, in the event of an increase or decrease in the funds available for the payment thereof, but, unless such salary is revised prior to the beginning of a school year, it shall remain for such school year at the amount fixed in such contract. However, where school district funds, other than minimum education program funds, are available during the school year in excess of the amount anticipated at the beginning of the school year the salary to be paid for such year may be increased to the extent that such additional funds are available and nothing herein shall be construed to prohibit same.
SECTION 11. 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. From and after July 1, 2020, each county shall constitute a school district for the control, organization and administration of schools, and all other school districts shall be abolished as provided in Section 37-7-103.
(2) As used in this chapter
and the laws of this state, the term "school board" or
"local school board" * * * means * * * the county board of education of any
countywide school district in this state * * *.
(3) As used in this chapter
and the laws of this state, the term "superintendent" or
"superintendent of schools" * * * means * * * the county superintendent of education of
any countywide school district in this state whose duties require the
supervision of students * * *; and (b) the superintendent of any municipal separate, special municipal
separate, consolidated or line consolidated school district in this state.
* * *
SECTION 12. Section 37-6-5, Mississippi Code of 1972, is amended as follows:
37-6-5. Each * * * county in the state
shall * * * constitute
a school district and shall be known as the "School District of
__________________ County, Mississippi."
SECTION 13. Section 37-6-7, Mississippi Code of 1972, is amended as follows:
37-6-7. Each county
school district shall be governed by a * * * county board of education
consisting of five (5) members, selected in the manner provided by law.
SECTION 14. Section 37-6-9, Mississippi Code of 1972, is amended as follows:
37-6-9. The * * * county
board of education shall organize by the election of a president and a
secretary from its membership whose duty it shall be to make reports and to
perform all other duties required by law. A majority of the members of the * * * board shall constitute a quorum for the
transaction of business. Minutes shall be kept of all meetings of the * * * board showing:
(a) The members present and absent;
(b) The date, time and place of the meeting;
(c) An accurate recording of any final actions taken at such meeting;
(d) A record by individual member of any votes taken at such meeting; and
(e) Any other information that the school board requests to be reflected in the minutes.
Each member of the * * * board present shall either vote or
abstain on every question upon which a vote is taken at * * * any meeting. All action taken by a * * * board shall become official at the time
it is taken. All minutes of the * * * board shall be signed by the president
of the board, shall be attested by the secretary of the board and shall be
adopted by the board at the next regular meeting, or within thirty (30) working
days, whichever occurs later.
SECTION 15. Section 37-6-11, Mississippi Code of 1972, is amended as follows:
37-6-11. The * * *
county
board of education shall meet regularly at * * * the time and at * * * the place as * * * designated by an order entered upon
the minutes thereof. Special meetings of * * * county boards of education
shall be held upon the call of the president thereof, or upon the call of a
majority of the members thereof.
SECTION 16. Section 37-6-13, Mississippi Code of 1972, is amended as follows:
37-6-13. (1) Each person
serving as a member of the * * * county board of education
of any school district shall receive per diem in the amount of Sixty-seven
Dollars ($67.00) for no more than thirty-six (36) meetings of the school board
during any one (1) fiscal year or, in his or her discretion, irrevocably may
choose to receive as compensation for his or her services an annual salary in
the amount of Two Thousand Four Hundred Dollars ($2,400.00), which choice shall
remain in force for all successive terms or periods of service of that member.
The receipt of the compensation shall not entitle any member of a * * * board to receive or be eligible for any
state employee group insurance, retirement or other fringe benefits. Each
member shall be reimbursed for the necessary expenses and mileage in attending
meetings of the * * *
board. In addition to the foregoing, all members may be reimbursed for mileage
and actual expenses incurred in the further performance of their duties,
including attendance at any mandatory * * * board training session or at regional
and national education meetings, when * * * the mileage and other expenses are
authorized by the board * * *prior to before the date on which they occur. Detailed
vouchers shall be submitted for reimbursement for all expenses authorized by
this section. * * *
The reimbursement shall be in accordance with Section 25-3-41.
* * * Those expenses shall be paid on
order of the school board by pay certificates issued by the county
superintendent of * * * education involved against the funds
available for payment of the administrative expense of the district.
(2) (a) If a member of a * * * board misses twenty percent (20%) or
more of the meetings of the * * * board during a calendar year, except for
absences caused by required military duty, the member must reimburse the school
district that portion of the total salary paid to the member that year which is
proportionate to the number of meetings missed by the member in relation to the
total number of * * *
board meetings held during that year. For purposes of this subsection,
consideration may be given only to meetings of which public notice is required.
(b) Before February 1
of each year, the president of each * * * county board of education
shall submit a report to the State Board of Education containing the names of
any members of the * * *
board who missed twenty percent (20%) or more of the * * * board meetings during the preceding calendar
year.
SECTION 17. Section 37-6-15, Mississippi Code of 1972, is amended as follows:
37-6-15. (1) Before
entering upon the discharge of the duties of his office, each member of the * * * county board of education
shall give a surety bond in the penal sum of Fifty Thousand Dollars
($50,000.00), with sufficient surety, to be payable, conditioned and approved
in the manner provided by law.
(2) The * * * board may execute a blanket surety bond
for each school district official and employee (including school business
managers and any other employee who receipts and/or disburses school district
funds) in the penalty of Fifty Thousand Dollars ($50,000.00), unless a
different penalty is prescribed by statute, to be payable, conditioned and
approved in the manner provided by law. The premium on * * * the bond shall be paid out of the
school district maintenance fund.
SECTION 18. Section 37-7-301, Mississippi Code of 1972, is amended as follows:
37-7-301. The * * * county boards of * * * education shall
have the following powers, authority and duties in addition to all others
imposed or granted by law, to wit:
(a) To organize and operate the schools of the district and to make such division between the high school grades and elementary grades as, in their judgment, will serve the best interests of the school;
(b) To introduce public school music, art, manual training and other special subjects into either the elementary or high school grades, as the board shall deem proper;
(c) To be the custodians of real and personal school property and to manage, control and care for same, both during the school term and during vacation;
(d) To have responsibility for the erection, repairing and equipping of school facilities and the making of necessary school improvements;
(e) To suspend or to
expel a pupil or to change the placement of a pupil to the school district's
alternative school or homebound program for misconduct in the school or on
school property, as defined in Section 37-11-29, on the road to and from
school, or at any school-related activity or event, or for conduct occurring on
property other than school property or other than at a school-related activity
or event when such conduct by a pupil, in the determination of the * * * county superintendent or
principal, renders that pupil's presence in the classroom a disruption to the
educational environment of the school or a detriment to the best interest and
welfare of the pupils and teacher of such class as a whole, and to delegate
such authority to the appropriate officials of the school district;
(f) To visit schools in the district, in their discretion, in a body for the purpose of determining what can be done for the improvement of the school in a general way;
(g) To support, within reasonable limits, the superintendent, principal and teachers where necessary for the proper discipline of the school;
(h) To exclude from
the schools students with what appears to be infectious or contagious diseases; * * * however, * * * the student may be allowed to
return to school upon presenting a certificate from a public health officer,
duly licensed physician or nurse practitioner that the student is free from * * * the disease;
(i) To require those vaccinations specified by the State Health Officer as provided in Section 41-23-37;
(j) To see that all necessary utilities and services are provided in the schools at all times when same are needed;
(k) To authorize the
use of the school buildings and grounds for the holding of public meetings and
gatherings of the people under such regulations as may be prescribed by * * *
the board;
(l) To prescribe and enforce rules and regulations not inconsistent with law or with the regulations of the State Board of Education for their own government and for the government of the schools, and to transact their business at regular and special meetings called and held in the manner provided by law;
(m) To maintain and
operate all of the schools under their control for * * * the length of time during the year
as may be required;
(n) To enforce in the schools the courses of study and the use of the textbooks prescribed by the proper authorities;
(o) To make orders directed
to the county superintendent of * * * education for the issuance of
pay certificates for lawful purposes on any available funds of the district and
to have full control of the receipt, distribution, allotment and disbursement
of all funds provided for the support and operation of the schools of * * * the school district whether * * * the funds * * * are derived from state
appropriations, local ad valorem tax collections, or otherwise. The * * * county board of
education shall be authorized and empowered to promulgate rules and
regulations that specify the types of claims and set limits of the dollar
amount for payment of claims by the county superintendent of * * *
education to be
ratified by the board at the next regularly scheduled meeting after payment has
been made;
(p) To select all
school district personnel in the manner provided by law, and to provide for * * * any employee fringe benefit
programs, including accident reimbursement plans, as may be deemed necessary
and appropriate by the board;
(q) To provide
athletic programs and other school activities and to regulate the establishment
and operation of * * *
those programs and activities;
(r) To join, in their
discretion, any association of school boards and other public school-related
organizations, and to pay from local funds other than * * * adequate education
program funds, any membership dues;
(s) To expend local
school activity funds, or other available school district funds, other than * * * adequate education program
funds, for the purposes prescribed under this paragraph. "Activity
funds" * * *
means all funds received by school officials in all school districts
paid or collected to participate in any school activity, * * * that activity being part of the
school program and partially financed with public funds or supplemented by
public funds. The term "activity funds" shall not include any funds
raised and/or expended by any organization unless commingled in a bank account
with existing activity funds, regardless of whether the funds were raised by
school employees or received by school employees during school hours or using
school facilities, and regardless of whether a school employee exercises influence
over the expenditure or disposition of * * * the funds. Organizations shall not
be required to make any payment to any school for the use of any school
facility if, in the discretion of the * * * county board of
education, the organization's function * * * is deemed to be beneficial to
the official or extracurricular programs of the school. For the purposes of
this provision, the term "organization" shall not include any
organization subject to the control of the * * * board. Activity funds
may only be expended for any necessary expenses or travel costs, including
advances, incurred by students and their chaperons in attending any in-state or
out-of-state school-related programs, conventions or seminars and/or any
commodities, equipment, travel expenses, purchased services or school supplies * * * that the * * * board, in its
discretion, shall deem beneficial to the official or extracurricular programs
of the district, including items * * * that may * * * later become the personal
property of individuals, including yearbooks, athletic apparel, book covers and
trophies. Activity funds may be used to pay travel expenses of school district
personnel. The * * * county board of education shall be
authorized and empowered to promulgate rules and regulations specifically
designating for what purposes school activity funds may be expended. The * * * board shall provide the
following:
(i) That * * *
the school activity
funds shall be maintained and expended by the principal of the school
generating the funds in individual bank accounts * * *; or
(ii) That * * *
the school activity
funds shall be maintained and expended by the county superintendent of * * *
education in a
central depository approved by the board * * *; and
(iii) * * *
That * * * the
school activity funds be audited as part of the annual audit required in
Section 37-9-18.
The State Department of Education shall prescribe a uniform system of accounting and financial reporting for all school activity fund transactions;
(t) To enter into an energy performance contract, energy services contract, on a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as provided for in Section 31-7-14;
(u) To maintain accounts and issue pay certificates on school food service bank accounts;
(v) (i) To lease a
school building from an individual, partnership, nonprofit corporation or a
private for-profit corporation for the use of such school district, and to
expend funds therefor as may be available from any * * * sources other than
adequate education program funds. The * * * county board of * * *
education
desiring to lease a school building shall declare by resolution that a need
exists for a school building and that the school district cannot provide the
necessary funds to pay the cost or its proportionate share of the cost of a
school building required to meet the present needs. The resolution so adopted
by the * * *
board shall be published once each week for three (3) consecutive weeks in a
newspaper having a general circulation in the school district involved, with
the first publication thereof to be made not less than thirty (30) days * * *
before the date
upon which the * * *
board is to act on the question of leasing a school building. If no petition
requesting an election is filed * * * before a meeting as
hereinafter provided, then the school board may, by resolution spread upon its
minutes, proceed to lease a school building. If at any time * * *
before the
meeting a petition signed by not less than twenty percent (20%) or fifteen
hundred (1500), whichever is less, of the qualified electors of the school
district involved * * * is filed with the * * * board requesting that an election be
called on the question, then the * * * board shall, not later than the next
regular meeting, adopt a resolution calling an election to be held within * * *
the school district
upon the question of authorizing the * * * board to lease a school building. * * *
The election shall be
called and held, and notice thereof shall be given, in the same manner for
elections upon the questions of the issuance of the bonds of school districts,
and the results thereof shall be certified to the * * * board. If at least three-fifths (3/5)
of the qualified electors of the school district who voted in * * *
the election * * * vote in favor of the leasing of a school
building, then the * * *
board shall proceed to lease a school building. The term of the lease contract
shall not exceed twenty (20) years, and the total cost of * * *
the lease shall be
either the amount of the lowest and best bid accepted by the * * * board after advertisement for bids or an
amount not to exceed the current fair market value of the lease as determined
by the averaging of at least two (2) appraisals by certified general appraisers
licensed by the State of Mississippi. The term "school building" as
used in this paragraph (v)(i) shall be construed to mean any building or
buildings used for classroom purposes in connection with the operation of
schools and shall include the site therefor, necessary support facilities, and
the equipment thereof and appurtenances thereto such as heating facilities,
water supply, sewage disposal, landscaping, walks, drives and playgrounds. The
term "lease" as used in this paragraph (v)(i) may include a lease-purchase
contract;
(ii) If two (2) or
more school districts propose to enter into a lease contract jointly, then
joint meetings of the * * * county boards of education having control may be held
but no action taken shall be binding on any * * * of those school districts
unless the question of leasing a school building is approved in each
participating school district under the procedure hereinabove set forth in
paragraph (v)(i). All of the provisions of paragraph (v)(i) regarding the term
and amount of the lease contract shall apply to the * * * county boards of * * *
education
acting jointly. Any lease contract executed by two (2) or more school
districts as joint lessees shall set out the amount of the aggregate lease
rental to be paid by each, which may be agreed upon, but there shall be no
right of occupancy by any lessee unless the aggregate rental is paid as
stipulated in the lease contract. All rights of joint lessees under the lease
contract shall be in proportion to the amount of lease rental paid by each;
(w) To employ all
noninstructional and * * * nonlicensed employees and fix the duties and compensation of * * *
those personnel deemed
necessary * * * according
to the recommendation of the county superintendent of * * *
education;
(x) To employ and fix
the duties and compensation of * * * any legal counsel as deemed
necessary;
(y) Subject to rules and regulations of the State Board of Education, to purchase, own and operate trucks, vans and other motor vehicles, which shall bear the proper identification required by law;
(z) To expend funds
for the payment of substitute teachers and to adopt reasonable regulations for
the employment and compensation of * * * those substitute teachers;
(aa) To acquire in its
own name by purchase all real property * * * that is necessary and
desirable in connection with the construction, renovation or improvement of any
public school building or structure. Whenever the purchase price for * * *
the real property is
greater than Fifty Thousand Dollars ($50,000.00), the * * * county board of education
shall not purchase the property for an amount exceeding the fair market value
of * * * that
property as determined by the average of at least two (2) independent
appraisals by certified general appraisers licensed by the State of
Mississippi. If the board * * * is unable to agree with the
owner of any * * * the
real property in connection with any * * * construction, renovation or improvement
project, the board shall have the power and authority to acquire * * *
the real property
by condemnation proceedings * * * under Section 11-27-1 et
seq., * * * and for such purpose, the right of eminent domain is * * * conferred upon and vested in * * *
the board. * * * The * * *
county board of
education is authorized to grant an easement for ingress and egress over
sixteenth section land or lieu land in exchange for a similar easement upon
adjoining land where the exchange of easements affords substantial benefit to
the sixteenth section land; * * * however, the exchange must be based
upon values as determined by a competent appraiser, with any differential in
value to be adjusted by cash payment. Any easement rights granted over
sixteenth section land under * * * this authority shall terminate when
the easement ceases to be used for its stated purpose. No sixteenth section or
lieu land * * * that
is subject to an existing lease shall be burdened by any * * * easement authorized under this
paragraph except by consent of the lessee or unless the school district * * * acquires the unexpired leasehold
interest affected by the easement;
(bb) To charge reasonable fees related to the educational programs of the district, in the manner prescribed in Section 37-7-335;
(cc) Subject to rules
and regulations of the State Board of Education, to purchase relocatable
classrooms for the use of * * * the school district, in the manner
prescribed in Section 37-1-13;
(dd) Enter into
contracts or agreements with other school districts, political subdivisions or
governmental entities to carry out one or more of the powers or duties of the * * *
county board of
education, or to allow more efficient utilization of limited resources for
providing services to the public;
(ee) To provide for in-service training for employees of the district;
(ff) As part of their
duties to prescribe the use of textbooks, to provide that parents and legal
guardians shall be responsible for the textbooks and for the compensation to
the school district for any books * * * that are not returned to the
proper schools upon the withdrawal of their dependent child. If a textbook is
lost or not returned by any student who drops out of the public school
district, the parent or legal guardian shall also compensate the school
district for the fair market value of the textbooks;
(gg) To conduct fund-raising
activities on behalf of the school district that the * * * county board of education,
in its discretion, deems appropriate or beneficial to the official or
extracurricular programs of the district * * *, subject to the following
conditions:
(i) Any proceeds of the fund-raising activities shall be treated as "activity funds" and shall be accounted for as are other activity funds under this section; and
(ii) Fund-raising
activities conducted or authorized by the board for the sale of school pictures,
the rental of caps and gowns or the sale of graduation invitations for which
the * * *
board receives a commission, rebate or fee shall contain a disclosure statement
advising that a portion of the proceeds of the sales or rentals shall be contributed
to the student activity fund;
(hh) To allow
individual lessons for music, art and other curriculum-related activities for
academic credit or nonacademic credit during school hours and using school
equipment and facilities, subject to uniform rules and regulations adopted by
the * * *
board;
(ii) To charge reasonable fees for participating in an extracurricular activity for academic or nonacademic credit for necessary and required equipment such as safety equipment, band instruments and uniforms;
(jj) To conduct or participate in any fund-raising activities on behalf of or in connection with a tax-exempt charitable organization;
(kk) To exercise * * *
any powers as may be
reasonably necessary to carry out the provisions of this section;
(ll) To expend funds
for the services of nonprofit arts organizations or other * * *
similar nonprofit
organizations * * * that
provide performances or other services for the students of the school district;
(mm) To expend federal No Child Left Behind Act funds, or any other available funds that are expressly designated and authorized for that use, to pay training, educational expenses, salary incentives and salary supplements to employees of local school districts; except that incentives shall not be considered part of the local supplement as defined in Section 37-151-5(o), nor shall incentives be considered part of the local supplement paid to an individual teacher for the purposes of Section 37-19-7(1). Mississippi Adequate Education Program funds or any other state funds may not be used for salary incentives or salary supplements as provided in this paragraph (mm);
(nn) To use any
available funds, not appropriated or designated for any other purpose, for
reimbursement to the state-licensed employees from both in state and out of
state, who enter into a contract for employment in a school district, for the
expense of moving when the employment necessitates the relocation of the
licensed employee to a different geographical area than that in which the
licensed employee resides before entering into the contract. The reimbursement
shall not exceed One Thousand Dollars ($1,000.00) for the documented actual
expenses incurred in the course of relocating, including the expense of any professional
moving company or persons employed to assist with the move, rented moving
vehicles or equipment, mileage in the amount authorized for county and
municipal employees under Section 25-3-41 if the licensed employee used his
personal vehicle or vehicles for the move, meals and * * * any other expenses associated with
the relocation. No licensed employee may be reimbursed for moving expenses
under this section on more than one (1) occasion by the same school district.
Nothing in this section shall be construed to require the actual residence to
which the licensed employee relocates to be within the boundaries of the school
district that has executed a contract for employment in order for the licensed
employee to be eligible for reimbursement for the moving expenses. However,
the licensed employee must relocate within the boundaries of the State of
Mississippi. Any individual receiving relocation assistance through the
Critical Teacher Shortage Act as provided in Section 37-159-5 shall not be eligible
to receive additional relocation funds as authorized in this paragraph;
(oo) To use any available funds, not appropriated or designated for any other purpose, to reimburse persons who interview for employment as a licensed employee with the district for the mileage and other actual expenses incurred in the course of travel to and from the interview at the rate authorized for county and municipal employees under Section 25-3-41;
(pp) Consistent with
the report of the Task Force to Conduct a Best Financial Management Practices
Review, to improve school district management and use of resources and identify
cost savings as established in Section 8 of Chapter 610, Laws of 2002, * * *
county boards of
education are encouraged to conduct independent reviews of the management
and efficiency of schools and school districts. * * * The management and efficiency
reviews shall provide state and local officials and the public with the
following:
(i) An assessment of a school district's governance and organizational structure;
(ii) An assessment of the school district's financial and personnel management;
(iii) An assessment of revenue levels and sources;
(iv) An assessment of facilities utilization, planning and maintenance;
(v) An assessment of food services, transportation and safety/security systems;
(vi) An assessment of instructional and administrative technology;
(vii) A review of the instructional management and the efficiency and effectiveness of existing instructional programs; and
(viii) Recommended methods for increasing efficiency and effectiveness in providing educational services to the public;
(qq) To enter into
agreements with other * * * county boards of education for the establishment
of an educational service agency (ESA) to provide for the cooperative needs of
the region in which the school district is located, as provided in Section 37-7-345;
(rr) To implement a
financial literacy program for students in Grades 10 and 11. The board may
review the national programs and obtain free literature from various nationally
recognized programs. After review of the different programs, the board may
certify a program that is most appropriate for the school districts' needs. If
a district implements a financial literacy program, then any student in Grade
10 or 11 may participate in the program. The financial literacy program shall
include, but is not limited to, instruction in the same areas of personal
business and finance as required under Section 37-1-3(2)(b). The * * *
county board of
education may coordinate with volunteer teachers from local community
organizations, including, but not limited to, the following:
(i) United
States Department of Agriculture Rural Development * * *;
(ii) United
States Department of Housing and Urban Development * * *;
(iii)
Junior Achievement * * *;
(iv) Bankers; and
(v) Other nonprofit organizations.
Nothing in this paragraph
shall be construed as to require * * * county boards of education
to implement a financial literacy program;
(ss) (i) To
collaborate with the State Board of Education, Community Action Agencies or the
Department of Human Services to develop and implement a voluntary program to
provide services for a prekindergarten program that addresses the cognitive,
social, and emotional needs of four-year-old and three-year-old children. The * * *
county board of
education may utilize any source of available revenue to fund the voluntary
program.
(ii) Effective with the 2013-2014 school year, to implement voluntary prekindergarten programs under the Early Learning Collaborative Act of 2013 pursuant to state funds awarded by the State Department of Education on a matching basis;
(tt) With respect to any lawful, written obligation of a school district, including, but not limited to, leases (excluding leases of sixteenth section public school trust land), bonds, notes, or other agreement, to agree in writing with the obligee that the Department of Revenue or any state agency, department or commission created under state law may:
(i) Withhold all or any part (as agreed by the * * *
county board of
education) of any monies * * * that the local school board is
entitled to receive from time to time under any law and which is in the
possession of the Department of Revenue,
or any state agency, department or commission created under state law; and
(ii) Pay the same over to any financial institution,
trustee or other obligee, as directed in writing by the * * * board, to satisfy all or part of such
obligation of the school district.
The * * * board may make * * * the written agreement to withhold
and transfer funds irrevocable for the term of the written obligation and may
include in the written agreement any other terms and provisions acceptable to
the school board. If the * * *school board files a copy of * * * the written agreement with the Department
of Revenue, or any state agency, department or
commission created under state law then the Department of Revenue or any state agency, department or commission created
under state law shall immediately make the withholdings provided in * * *
the agreement from the
amounts due the * * * county board of education and shall continue to
pay the same over to * * * the financial institution, trustee or obligee for the term of
the agreement.
This paragraph (tt) shall not grant any extra
authority to a school board to issue debt in any amount exceeding statutory
limitations on assessed value of taxable property within * * *
the school district or
the statutory limitations on debt maturities, and shall not grant any extra
authority to impose, levy or collect a tax * * * that is not otherwise expressly
provided for, and shall not be construed to apply to sixteenth section public
school trust land;
(uu) With respect to any matter or transaction that
is competitively bid by a school district, to accept from any bidder as a good-faith
deposit or bid bond or bid surety, the same type of good-faith deposit or bid
bond or bid surety that may be accepted by the state or any other political
subdivision on similar competitively bid matters or transactions. This
paragraph (uu) shall not be construed to apply to sixteenth section public
school trust land. The * * *school board may authorize the investment of any school
district funds in the same kind and manner of investments, including pooled
investments, as any other political subdivision, including community hospitals;
(vv) To utilize the alternate method for the conveyance or exchange of unused school buildings and/or land, reserving a partial or other undivided interest in the property, as specifically authorized and provided in Section 37-7-485;
(ww) To delegate, privatize or otherwise enter into a contract with private entities for the operation of any and all functions of nonacademic school process, procedures and operations including, but not limited to, cafeteria workers, janitorial services, transportation, professional development, achievement and instructional consulting services materials and products, purchasing cooperatives, insurance, business manager services, auditing and accounting services, school safety/risk prevention, data processing and student records, and other staff services; however, the authority under this paragraph does not apply to the leasing, management or operation of sixteenth section lands. Local school districts, working through their regional education service agency, are encouraged to enter into buying consortia with other member districts for the purposes of more efficient use of state resources as described in Section 37-7-345;
(xx) To partner with entities, organizations and corporations for the purpose of benefiting the school district;
(yy) To borrow funds from the Rural Economic Development Authority for the maintenance of school buildings;
(zz)
To fund and operate voluntary early childhood education programs, defined as programs
for children less than five (5) years of age on or before September 1, and to
use any source of revenue for * * * those early childhood education
programs. * * * Those
programs shall not conflict with the Early Learning Collaborative Act of 2013;
(aaa)
To issue and provide for the use of procurement cards by * * * board members, county
superintendents of education and licensed school personnel consistent
with the rules and regulations of the Mississippi Department of Finance and Administration
under Section 31-7-9; and
(bbb) To conduct an annual comprehensive evaluation of the county
superintendent of * * * education consistent with the assessment components of
paragraph (pp) of this section and the assessment benchmarks established by the
Mississippi School Board Association to evaluate the success the
superintendent has attained in meeting district goals and objectives, the superintendent's leadership skill and whether
or not the superintendent has established appropriate standards for
performance, is monitoring success and is using data for improvement.
SECTION 19. Section 37-57-1, Mississippi Code of 1972, is amended as follows:
37-57-1. (1) (a) From
and after July 1, 2018, the boards of supervisors of the counties
shall levy and collect all taxes for and on behalf of all school districts * * *.
* * * The
taxes shall be collected by the county tax collector at the same time and in
the same manner as county taxes are collected by him, and the same penalties
for delinquency shall be applicable.
* * *
* * *
The county * * * tax collector * * * shall pay * * *
the tax collections,
except for taxes collected for the payment of the principal of and interest on
school bonds or notes and except for taxes collected to defray collection
costs, into the school depository and report to the * * * county board of * * *
education
at the same time and in the same manner as the tax collector makes his payments
and reports of other taxes collected by him.
* * *
(b) For the purposes
of this chapter and any other laws pertaining to taxes levied or bonds or notes
issued for and on behalf of school districts, the term "levying
authority" means the board of supervisors of the county * * * of the particular school
district * * *.
(2) The levying authority
for the school district shall, at the same time and in the same manner as other
taxes are levied by the levying authority, levy a tax of not less than twenty-eight
(28) mills for the then current fiscal year, less the estimated amount of the
yield of the School Ad Valorem Tax Reduction Fund grant to the school district
as determined by the State Department of Education or twenty-seven percent
(27%) of the basic adequate education program cost for * * * the school district, whichever is a
lesser amount, upon all of the taxable property of the county school
district, as required under Section 37-151-7(2)(a). However, in no case shall
the minimum local ad valorem tax effort for any school district be equal to an
amount that would require a millage rate exceeding fifty-five (55) mills in
that school district. * * *
However, * * *
if a levying authority is levying in excess of fifty-five (55) mills on July 1,
1997, the levying authority may levy an additional amount not exceeding three
(3) mills in the aggregate for the period beginning July 1, 1997, and ending
June 30, 2003, subject to the limitation on increased receipts from ad valorem
taxes prescribed in Sections 37-57-105 and 37-57-107. Nothing in this
subsection shall be construed to require any school district that is levying
more than fifty-five (55) mills * * * under Sections 37-57-1 and 37-57-105
to decrease its millage rate to fifty-five (55) mills or less. In making * * *
the levy, the levying
authority shall levy an additional amount sufficient to cover anticipated
delinquencies and costs of collection so that the net amount of money to be
produced by * * * the
levy shall be equal to the amount * * * that the school district is
required to contribute as its * * * minimum local ad valorem tax effort. The
tax so levied shall be collected by the tax collector at the same time and in
the same manner as other ad valorem taxes are collected by him. The amount of
taxes so collected as a result of * * * the levy shall be paid into the
district maintenance fund of the school district by the tax collector at the
same time and in the same manner as reports and payments of other ad valorem
taxes are made by * * * the tax collector, except that the amount collected to defray
costs of collection may be paid into the county general fund. The levying
authority shall have the power and authority to direct and cause warrants to be
issued against * * * the
fund for the purpose of refunding any amount of taxes erroneously or illegally
paid into * * * the
fund where * * * the
refund has been approved in the manner provided by law.
SECTION 20. Effective July 1, 2020, Sections 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 procedures for the abolition, alteration and creation of public school districts by local school boards and by petition of the electorate, are repealed.
SECTION 21. Effective July 1, 2020, Section 37-5-3, Mississippi Code of 1972, which provides certain residency restrictions for members of county boards of education, and Section 37-5-18, Mississippi Code of 1972, which provides for the election of members of county boards of education from special districts, are repealed.
SECTION 22. Effective July 1, 2020, Section 37-9-12, Mississippi Code of 1972, which provides for a referendum on the question of retaining the elective method of choosing the county superintendent of education, and Sections 37-5-63, 37-5-65, 37-5-67, 37-5-69, 37-5-71 and 37-5-75, Mississippi Code of 1972, which provide for the election of county superintendents of education, are repealed.
SECTION 23. Effective July 1, 2020, Sections 37-7-201, 37-7-203, 37-7-204, 37-7-207, 37-7-208, 37-7-209, 37-7-211, 37-7-215, 37-7-217, 37-7-219, 37-7-221, 37-7-223, 37-7-225, 37-7-227, 37-7-229, 37-7-701, 37-7-703, 37-7-705, 37-7-707, 37-7-709, 37-7-711, 37-7-713, 37-7-715, 37-7-717, 37-7-723 and 37-7-725, Mississippi Code of 1972, which provide qualifications, election procedures, terms of office, petition procedures, vacancy procedures and optional selection methods for boards of trustees of municipal separate school districts, consolidated school districts, line consolidated school districts and special municipal separate school districts, are repealed.
SECTION 24. This act shall take effect and be in force from and after July 1, 2018.