House Bill 1545

AN ACT TO AMEND SECTION 37-7-104.4, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF THE BOARD OF EDUCATION FOR THE WINONA-MONTGOMERY CONSOLIDATED SCHOOL DISTRICT FROM FIVE SINGLE MEMBER DISTRICTS WHICH ARE CONSISTENT WITH THE SUPERVISORS DISTRICTS WITHIN THE COUNTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-7-104.4, Mississippi Code of 1972, is amended as follows:

37-7-104.4. (1) In Montgomery County, Mississippi, in which are located, as of January 1, 2016, two (2) school districts, there shall be an administrative consolidation of all of those school districts in the county into one (1) new countywide municipal separate school district to be designated as Winona-Montgomery Consolidated School District which shall consist of the territory of the former Montgomery County School District and the Winona Municipal Separate School District, effective on July 1, 2018. At such time that the administrative consolidation becomes effective, the central administrative office of the Winona-Montgomery Consolidated School District shall be located in Winona, Mississippi.

(2) As soon as practicable, a financial advisor and/or other facilitator with school district experience may be assigned by the Mississippi Department of Education to oversee the budgeting and financial matters relating to the consolidation of the districts slated for consolidation. The financial advisor and/or facilitator may, at the discretion of the Mississippi Department of Education, continue duties for one (1) year after the consolidation to ensure that all financial matters are in place. All financial expenditures of districts that are closing must be approved by the financial advisor and/or facilitator. If the superintendent and/or school board approves expenditures outside of this approval, they shall be personally liable for the excess expenditures. The State Board of Education shall determine the compensation to be paid to the financial advisor and/or facilitator which shall be paid by the local school district to which the financial advisor and/or facilitator is assigned.

(3) (a) On or before September 1, 2017, the State Board of Education shall serve the local school board of the Winona Municipal Separate School District and the local school board of the Montgomery County School District with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section.

(b) From and after January 1, 2021, in the new Winona-Montgomery Consolidated School District, there shall be a new * * * phased-in County Board of Education comprised of five (5) members, * * *

elected to staggered terms of office from single member supervisors districts in the manner prescribed in this subsection. However, it shall be the responsibility of the board of supervisors of the county to apportion the school district into five (5) new single member board of education districts which shall be consistent with the supervisors district lines in the county. The board of supervisors of the county shall thereafter publish the same in some newspaper of general circulation within the county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the board of supervisors of the county, the new district lines will thereafter be effective for the November 2020 presidential election. The three (3) members of the Board of Trustees of the Winona-Montgomery School District appointed by the Board of Aldermen of the City of Winona serving on January 1, 2020, shall continue in office as members of the County Board of Education of the Winona-Montgomery Consolidated School District until their successors are elected as follows:

(i) The term of the appointed board member of the Winona-Montgomery Consolidated School District whose term is nearest to expiration shall expire on January 1, 2021, and thereafter become a permanently elected position to be filled by the person elected as a board member from Supervisors District 2 in the November 2020 presidential election, and the newly elected member will take office on January 1, 2021, for a term of four (4) years;

(ii) The term of the appointed board member of the Winona-Montgomery Consolidated School District whose term is next nearest to expiration shall expire on January 1, 2022, and thereafter become a permanently elected position to be filled by the person elected as a board member from Supervisors District 3 in a November 2021 election held for that purpose, and the newly elected member will take office on January 1, 2022, for a term of four (4) years; and

(iii) The term of the appointed board member of the Winona-Montgomery Consolidated School District whose term is the farthest removed from expiration shall expire on January 1, 2024, and thereafter become a permanently elected position to be filled by the person elected as a board member from Supervisors District 1 in the November 2023 general statewide election, and the newly elected member will take office on January 1, 2024, for a term of four (4) years; and

(c) From and after January 1, 2021, the terms of the two (2) elected board members of the Winona-Montgomery Consolidated School District who were elected in the November 2018 election and took office on January 1, 2019, shall expire on January 1, 2023, and thereafter become permanently elected positions to be filled by a person elected as a board member from Supervisors Districts 4 and 5 in a November 2022 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, 2023, for a term of four (4) years.

(d) All subsequent members shall be elected for a term of four (4) years at the regular general election held on the first Tuesday after 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.

( * * *ce) 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 one (1) consolidated school district by July 1 following the motion to consolidate. The affected school districts shall comply with any consolidation order issued by the State Board of Education.

(4) (a) On July 1, 2018, following the motion of the State Board of Education to consolidate school districts in Montgomery County, the Montgomery County School District 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 district shall be transferred to the Winona-Montgomery Consolidated School District as of July 1, 2018.

(b) The new board of trustees of the Winona-Montgomery Consolidated School District shall be responsible for establishing the contracts for operations, teachers, principals, clerical and administrative staff personnel for the 2018-2019 school year and each school year thereafter.

(c) The superintendent of the Winona-Montgomery Consolidated School District shall be appointed by the board and is authorized to appoint an assistant superintendent, but in no instance shall the administrative leadership of the Winona-Montgomery Consolidated School District exceed three (3) assistant superintendents to be appointed by the superintendent of the Winona-Montgomery Consolidated School District.

(d) It shall be the responsibility of the board of trustees to prepare and approve the budget of the respective new reorganized district, and the board of trustees may use staff from the former school district to prepare the budget. Any transfer of the assets, real or personal property of the Montgomery County School District mandated by this section shall be final and conclusive for the purposes of the transfer of property required by this section to effectuate the administrative consolidation.

(e) Any person or school district aggrieved by an order of the successor newly selected board of trustees of the Winona-Montgomery Consolidated School District pursuant to the required administrative consolidation may appeal therefrom within ten (10) days from the date of the adjournment of the meeting at which such order is entered. The appeal shall be taken in the same manner as appeals are taken from judgments or decisions of the board of supervisors as provided in Section 11-51-75, the provisions of which shall be fully applicable to appeals taken hereunder. The board of trustees of the Winona-Montgomery Consolidated School District shall not pass upon or approve or disapprove any such order until the time for an appeal therefrom has expired, nor shall the board pass upon or approve or disapprove any such order from which an appeal is taken until said appeal has been finally determined.

(5) 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.

(6) The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation of the school districts in Montgomery County pursuant to the requirements of this section. Beginning with the insurance cafeteria plan year of November 1, 2018, the consolidated districts shall fall under all insurance plans and policies elected by the Winona-Montgomery Consolidated School District, including the group term life insurance described in Section 25-15-9(7).

(7) The County Board of Education and the Superintendent of Education of the former Montgomery County School District and the local school board and Superintendent of Schools of the Winona Municipal Separate School District shall cooperate with the State Department of Education, as soon as practicable after July 1, 2016, for the planning and transition of programs, services and alignment of curriculum for the administratively consolidated school districts.

(8) It shall be the responsibility of the Board of Supervisors of Montgomery County to provide office, furnishing and utilities for the administrative Office of the Superintendent of the Winona-Montgomery Consolidated School District.

(9) One (1) year prior to the date of consolidation, a financial advisor and/or other facilitator with school district experience may be assigned by the Mississippi Department of Education to oversee the budgeting and financial matters relating to the consolidation of the districts slated for consolidation. The financial advisor and/or facilitator may, at the discretion of the Mississippi Department of Education, continue duties for one year after the consolidation to ensure that all financial matters are in place. All financial expenditures of districts that are closing must be approved by the financial advisor and/or facilitator. If the superintendent and/or school board approves expenditures outside of this approval, they shall be personally liable for the excess expenditures. The State Board of Education shall determine the compensation to be paid to the financial advisor and/or facilitator which shall be paid by the local school district.

SECTION 2. This act shall take effect and be in force from and after its passage.